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Commission directs immediate drainage work, refers matter to drainage commission and schedules executive-session legal review on 110th Street

McPherson County Board of Commissioners · September 16, 2025
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Summary

Following resident concerns about a proposed drain tile, the commission approved cleaning a section-line right-of-way and top-dressing rock, referred the issue to the drainage commission, and voted to go into executive session for legal counsel on 110th Street.

McPherson County commissioners approved urgent right-of-way maintenance and drainage repairs after a landowner raised concerns that a proposed drain tile could increase downstream wetness on neighboring hay ground.

The board discussed the permitting process and legal recourse for downstream landowners, with staff noting that an upstream landowner does not have the legal right to dump water onto a neighbor in a way that alters the neighbor's land use; remedy would likely be pursued through civil court if harm occurred. Commissioners voted to clean the right-of-way, top-dress rock crossings and proceed with section-line repairs as requested by landowners.

Separately, the board voted to refer the drainage matter to the drainage commission for further review. Commissioners also made and seconded a motion to enter an executive session for legal counsel related to 110th Street drainage; the motion passed and the board planned to include the state's attorney and relevant staff in that session.

The highway department and staff will carry out the approved maintenance work and follow the drainage-commission process for any permit or policy decisions that arise.