Board approves permit agreement with Diversion Authority amid landowner damage complaints

The Clay County Board approved a permit and license agreement with the Diversion Authority on March 17 that allows the authority to maintain specific structures (notably SC4 and SC5) where they cross or constitute county roadways.

County staff said the agreement supplements a 2023 arrangement and clarifies maintenance responsibilities, including a county right to pursue outside repairs and reimbursement if the Diversion Authority does not act in a timely manner after damage or flood events. "This agreement just allows the Diversion Authority to maintain that infrastructure," a county presenter said, adding that the county can seek reimbursement for outside repairs if necessary.

Several commissioners used the discussion to press broader concerns about communication and contractor performance on diversion‑related work. One commissioner described residents with "$70,000 plus dollars worth of damage" who have had difficulty getting repairs and urged stronger leverage to ensure timely homeowner restitution. Board members noted recent committee discussion that contractors working for the core (prime contractor) had not responded to landowner claims and that some claims may need to be pursued through insurance channels.

Commissioner reports later reiterated the planning committee’s finding that some landowners near SC5 have legitimate claims and that the lack of timely contractor response has compounded frustrations. Commissioners said they expected county staff and Diversion Authority leadership to pursue remedy and clearer communication. The board approved the license agreement after the county attorney and highway committee reviewed it.

No additional direct payments or settlements were approved by the board at this meeting; commissioners said the next steps include coordination with the Diversion Authority leadership and follow‑up reporting to the county board.