Carver County Ditch Authority adopts findings in CD 2‑3 redetermination of benefits

The Carver County Ditch Authority voted to adopt findings of fact and an order adopting a redetermination of benefits for Ditch CD 2‑3 during a continued public hearing. The motion was made by Commissioner Anderson and seconded by Commissioner Lynch; Commissioner Fahey abstained.

The action formalizes viewers’ recommended apportionment of benefits across properties along the CD 2‑3 system, a change that determines how assessment costs for ditch maintenance will be split among landowners. David Frishman, Carver County property and finance director and county ditch administrator, told the authority staff recommended adoption of the findings provided by the ditch attorney and included in the board packet.

At the hearing, landowner Joe Neeson, who identified his address as 11255 110th Street, described repeated flooding after a recent storm and said roughly 12–13 acres of his land remain underwater, costing him crops and hay production. “I’m gonna lose my crop on that land again…we haven’t been able to make hay,” Neeson said, and he asked why his property would receive a high assessment despite the flooding.

A county representative identified in the record as Mr. Kolb explained how viewers assign "percent of total benefits" to parcels based on multiple factors including proximity to the ditch, elevation, land use and soil type. Kolb said the county’s viewers did not recommend benefits for every acre Neeson described as regularly flooded and that private lateral ditches remain the owners’ responsibility. "You are being assessed in the same way as every other landowner based on the total percent of total benefits that you have assigned to your property as recommended by the viewers," Kolb said.

Mike Wanas, county ditch inspector and manager of the Carver Soil and Water Conservation District, told the authority Neeson’s land was placed in the lowest assessment classification (class 4) and reiterated that private ditches are not part of the public ditch system and would not be cleaned with public ditch funds. Wanas said Neeson may pursue cleaning his private ditch but likely will need Minnesota DNR permits to do so.

Commissioners and staff stressed the hearing’s narrow legal question — whether the viewers applied their methodology consistently to similarly situated properties — and separated that question from the separate operational question of when or whether major repairs or reconstruction of Ditch CD 2‑3 would occur. Staff said there were no immediate plans for major reconstruction beyond routine obstruction removal.

With the order adopted, the redetermination stands pending whatever follow-up or appeals are available under applicable procedures; the board did not direct immediate repair work on Ditch CD 2‑3 during the hearing.

Votes at a glance: the board adopted the findings and order (motion by Commissioner Anderson; second by Commissioner Lynch). Commissioner Fahey abstained. The motion passed.

The Ditch Authority reconvened the county board afterward to continue other scheduled business.