County Drainage Board doesn't rule for Green or Montgomery in water dispute

Tuesday, November 19, 2024 at 2:00 AM

By Kathy Bottorff

During their meeting on Monday, the Marshall County Drainage Board could not determine if there was a private drain obstruction on the Cal Montgomery property at 12499 Olive Trail. Myers Lake Neighbor Don Green has attended the last three drainage board meetings seeking assistance with water from the Montgomery property and creating a pond on his property.

In October, the County Drainage Board held a public hearing on Green's petition. Cal Montgomery was notified but did not attend the hearing. As a result of that petition, the Drainage Board issued an order authorizing them to remove the obstruction within 90 days. The fix would be to lower the culvert under their driveway to allow water to flow through.

On Monday, Chase Peters from Chain-of-Lakes Services told the Drainage Board that about a year ago, he worked for Montgomery to replace the broken tile under the driveway. While he was excavating, Mr. Montgomery asked if he could go a bit lower, and Peters said he ran into a large obstruction that his 2-foot bucket couldn’t budge.

Don Green purchased his property in 2014, and about a year ago, water started backing up on his ground, causing several 75-year-old trees to die.

Peters said the tile on Montgomery’s property was about 3 feet above the level of their pond, which has been very dry for the last 3 months. He contends some of Green’s water issues may come from other locations in the 62-acre watershed.

The County Drainage Board could not determine whether Montgomery’s private tile was an intentional or unintentional obstruction, causing water to back up on Green’s property.

Green said he spoke with Montgomery, who suggested a cost share to lower the tile, but Green told Montgomery it was a problem he had created and that he wasn’t going to cost share.

On Monday, the County Drainage Board unanimously motioned that a definite determination couldn’t be made, and Green would have to go through the court process if he wanted to continue.