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Farmer says contractor left fields flooded; diversion board votes to press Corps for answers
Summary
Farmer Ben Askegard told the Metro Flood Diversion Authority board that contractor work left water impounded on his fields, causing crop loss; the board voted to send a strongly worded letter to the U.S. Army Corps of Engineers asking the Corps to force contractors to meet with affected landowners and resolve claims.
Ben Askegard, a sixth-generation farmer from Comstock, Minn., told the Metro Flood Diversion Authority at its March meeting that contractor work on the SE 5 reach left ditches plugged and water impounded on his fields, causing what he says is a 25% yield reduction and a contractor bill he estimated at about $71,000. “What AIS did to our family farm is negligent,” Askegard said during public comment, and he asked the board to prioritize resolving his claim.
Jason Benson, executive director of the diversion authority, said staff has been communicating with Askegard and that the next step is the contractor’s insurance-claim process. “The main thing that still has to be completed is the process through the claim process with the insurance company,” Benson said, describing the insurance claim as the path to reimbursement before further recourse.
Board legal counsel John Shockley explained a legal constraint the authority faces: the contractors in question are Corps of Engineers “core” contractors, meaning the Corps procured and pays them. “This is a core contractor; it’s not our contractor,” Shockley told the board, adding that the authority lacks privity of contract and that if the authority paid a landowner directly the contractor’s insurer could argue no damages remain. He recommended pursuing the contractor’s insurance process and pressing the Corps to facilitate contractor engagement.
Board members pressed for faster action. Commissioner Bernie Dardis said the authority should send a strong message to the Corps; he moved that staff send a strongly worded letter urging Corps contractors to meet with landowners and resolve claims. The board voted by roll call to approve the motion; all voting members recorded votes in favor.
Benson and staff said they will continue to attempt to schedule an in-person meeting between Askegard and contractor representatives, and they will brief the Corps at an upcoming coordination meeting. The board also said it would escalate its communications with Corps leadership if the contractors do not promptly engage.
Askegard said he wants clearer communication and a timely resolution. “All I’m asking is some adulting going on here,” he said, urging direct contact rather than prolonged email chains. The authority advised him to pursue the insurance claim and said staff will keep pushing for an earlier meeting date with contractor representatives and insurers.
The board’s action was procedural: it authorized staff to send a letter to the U.S. Army Corps of Engineers and to press for meetings. It did not direct the authority to pay claimants on behalf of the Corps’ contractors. The board said it will revisit the issue if the Corps or contractors fail to engage.
