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Pennington County staff seeks to dissolve joint drainage commission, consider county control
Summary
County attorneys and staff told commissioners the Western Pennington County Drainage District is being positioned for dissolution and the Board could either appoint a new county drainage commission or assume direct control to address Long Valley and Rapid Valley flooding concerns.
Alexa Moller, senior deputy state’s attorney for Pennington County, told the Board of Commissioners on Jan. 22 that county attorneys are preparing a joint powers agreement to dissolve the Western Pennington County Drainage District and return drainage decision‑making to Pennington County.
The memorandum and draft agreement, Moller said, are being prepared with Jay Alderman and will be sent to the City of Rapid City and the City of Box Elder for their signatures. “There is an agreement that is being worked on by myself and Jay Alderman that will be going out to the City Of Rapid City and the City Of Box Elder shortly to dissolve the Drainage Commission,” Moller said.
Why it matters: Commissioners and staff framed the change as a response to recurring drainage problems that disproportionately affect Rapid Valley. Moller and multiple commissioners said the existing joint commission has not functioned well and that county control would allow more direct oversight of projects that drain into county areas.
Options discussed: Moller described three legal options: (1) attempt to revive the joint drainage commission, (2) dissolve the joint body and form a county drainage commission (a separate appointed board of three or more members), or (3) dissolve the joint body and have the Pennington County Board of Commissioners assume control of county drainage duties. Several commissioners and staff said the third option—direct county control—had been the direction discussed by the previous board and may be the preferred approach because it streamlines decision‑making and access to consultants.
Commissioners pressed staff on how a county drainage commission or Board control would affect Rapid City projects and development in the three‑mile planning area. Moller and planning staff said a county drainage body could require projects that drain into county jurisdiction to appear before the county decision‑makers and would give the county more formal ability to require drainage improvements or deny projects that create downstream harm. “There is a statute that says that if they drain into us that they would have to come in front of this board to get approval,” Planning staff said during the discussion.
Next steps and timeline: Moller said the draft joint powers agreement should be ready to circulate to the municipalities, and staff are “hoping within the month” to have the agreement signed. If the municipalities sign the dissolution, the county would then begin the process to either form its own drainage commission or exercise county control according to the option chosen.
Context and concerns: Commissioners cited multiple local drainage hotspots, including the racetrack drainage and large flows through Rapid Valley, to underline urgency. Several commissioners and county staff said the lack of cooperation under the current joint commission has left Rapid Valley residents subject to flooding and downstream impacts from city‑platted development.
What didn’t change at the meeting: No formal vote was recorded at the Jan. 22 session to dissolve the joint commission; staff described legal work and intergovernmental negotiations in progress rather than a board action. Commissioners asked staff to continue drafting the joint powers agreement and to return with materials for the Board’s consideration.
Ending: County staff said they will circulate the memorandum and draft agreement to Commissioners and municipal partners and recommended follow‑up meetings once the joint powers document is complete.
