Dickinson County trustees approve option 5 for Joint 61 Branch 399 W, contingent on agreement with Northern Natural Gas

Dickinson County trustees voted to move forward with an open-ditch improvement (option 5) for Joint Drainage District 61 Branch 399 West, contingent on securing and approving an agreement with Northern Natural Gas over the pipeline crossing.

The decision follows staff reports that the original project estimate of about $450,000 would rise to roughly $520,000 if the district must pay for a culvert under an existing natural gas line — an increase staff described as approximately $70,000. Colin (county drainage staff) told the board that engineers consider a culvert feasible if separation distances and the utility’s requirements are met, but no agreement has been reached with the pipeline company.

On the legal question, Bob Goodwin, drainage counsel on the phone, advised the board that the code section relied upon to require utility contribution was enacted in 1971 and cannot be applied retroactively to pipelines installed earlier. “The statute was not enacted until 1971, and statutes are not retroactively applied,” Goodwin said, adding that because the pipeline was placed earlier the utility is unlikely to be legally obligated to pay the culvert cost.

Landowners at the hearing pressed trustees on the risk that future washouts could expose the pipeline and trigger enforcement or replacement costs. David Reinke, the author of an objection letter read into the record, told the board he objects to “increasing unknown, unpredictable assessments in the future” and said repeated assessments could force owners to sell land.

Trustees debated trade-offs between a lower-up-front-cost open ditch and larger-tile replacements. Staff noted the open ditch could save roughly $300,000–$400,000 compared with a larger tile option but acknowledged higher long-term maintenance. Several trustees said delaying correction could raise future costs and that proceeding now may limit total expense for landowners.

The motion to proceed with option 5 was made by Mister Clark and seconded by Kim, and trustees voted in favor. The motion specifies the work will proceed only after an agreement with Northern Natural Gas addressing the crossing is negotiated and returned to the board for approval.

Next steps: staff will pursue an agreement with Northern Natural Gas that, according to counsel, could include language waiving future claims, and will return the proposed agreement to the board for review before bids are solicited or contracts executed.