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Residents tell Delaware County drainage board pond work left yards flooded; board says private tile limits its authority
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Summary
At the April meeting, residents described standing water and property damage they say began after a nearby pond and an 18-inch tile were cut; the county surveyor said the tile appears private and the drainage board's authority is limited, and the board committed to investigate and coordinate with the highway and sanitary authorities.
At the April meeting of the Delaware County Drainage Board, residents told board members that recent pond construction and a cut tile on 900 West have left yards persistently flooded.
"I had water standing last September, when we hadn't had rain in 4 weeks," said Chandler Hale, who identified himself as living at 4091 South 900 West. Hale told the board someone cut an 18-inch field tile, patched around a newly dug pond with a smaller tile and poured a concrete elbow under the road that he says now redirects water onto his property.
County Surveyor (Surveyor) told the board the tile Hale found "is just an old private tile" installed before the houses and that the drainage board does not have jurisdiction to correct private tile work unless a county (regulated) tile was cut. The board attorney noted the limits of local authority under Indiana law, saying, "under the law of Indiana, stormwater or surface water is a common enemy that you can force off your land onto somebody else without any repercussions," and advised residents to verify the water source.
Mark Wiens, who said he lives at 1208 North Country Club Road, told the board city drainage installed decades ago severed his yard tile and left standing water up to his back door; he said attempts to get help from the surveyor and the highway department had not resolved his problem.
Board members directed staff to investigate. The surveyor and a commissioner said they would check county records and permits and contact the County Highway Department and Liberty Regional (and the Muncie sanitary entities) about road cuts and sewer connections. The surveyor said he would send letters to landowners if outreach is required; the board agreed to reconvene on the matter next month.
The meeting record indicates the board will not automatically compel correction of private tile unless a county-regulated tile or obstructed channelized flow is identified; where an obstruction affects a regulated drain or an identifiable private subsurface drain, the board said it has some authority to address the obstruction. The board advised residents that civil remedies (private lawsuits) might be available in cases of diffuse surface-water disputes that fall outside the board's jurisdiction.
Next steps: staff will verify whether a county tile or permitted road cut exists, contact the highway department and Liberty Regional for any complaints or work records, and report back at the next meeting.
