Middleton council declines Drainage District No. 2 master pathway license over liability concerns

The Middleton City Council voted May 14 to decline Drainage District No. 2’s request for a master pathway license that would allow paved walking and bicycle pathways in irrigation easements along sloughs and canals. The decision follows roughly three years of negotiations and a city staff recommendation that the council consider whether Middleton should assume legal and maintenance responsibility for paths that cross the district’s facilities.

Miss Stewart, a city staff member involved in the negotiations, told the council “we've been negotiating it with irrigation drainage district 2 Middleton Mill for upwards of 3 years,” and said the district wants the city to be the primary contact for repairs, liability and collection rather than dealing with developers or homeowners associations (HOAs).

Council and staff described the central issue as whether the city is willing to accept additional liability and the costs of enforcing maintenance against HOAs and…