The $5.5 million Watson Drain project may very well be the biggest project of its kind in the history of Barry County.
Drain Commissioner Jim Dull and Deputy Drain Commissioner Tammy Hayes say, in their knowledge of the history of the county drain department, they are not aware of any other project as extensive – or expensive – as Watson.
The boundaries of the district sprawl over Prairieville and Barry townships in southwestern Barry County, encompassing Pleasant Lake, Upper Crooked Lake and Lower Crooked Lake and involving involve 1,082 parcels, property owners and municipalities.
The multimillion-dollar cost for the extensive work will be assessed over 20 years to the parcels that derive benefit from that district.
The key phrase in determining who's assessed for the work is the term “benefits driven.” Dull said.
“Anyone in the district is benefitting from the project,” he said.
The project is extensive, involving the installation of 684 linear feet of 12-inch storm water force main at an average depth of 5 feet; 4,006 linear feet of 18-inch storm water force main at an average depth of 5 feet; grading, excavation and construction of two pump station buildings, including intake and distribution lines; and the installation of pumps and pump filters in those pump station buildings; along with bringing the system online for initial operation.
And the work is expensive.
Dull pointed out that he was among the first in the county to request funding through the American Rescue Plan Act, which will provide a total of nearly $12 million to the county.
“If we get $2 million, you’re helping taxpaying citizens,” he pointed out.
Whether the Watson Drain project has a chance to get an ARPA infusion is an open question that's unlikely to be decided anytime soon.
But the pressure will be on to get this work done. They've got a start date sometime after Oct. 15, with the work to be completed by April 1, 2022.
The next important date for the community is Sept. 3, when the Day of Review will provide details about the district boundaries and provide a review of apportionments. The daylong session will take place from 9 a.m. to 5 p.m. at the Delton Kellogg Middle School gymnasium.
That's when residents can come, ask questions and find out everything they want to know about the district.
From Dull's perspective, the story of the Watson Drain is a cautionary tale about the formation of drain districts and how they can lead to a financial commitment in a district for which the law currently provides no easy out.
All it takes is five property owners to file a petition with the drain commissioner seeking a district, Dull said.
The trouble with Watson Drain began shortly after he became drain commissioner.
“I was out there in 2017. I got a call from Sharon Ritchie, who said that the lake seemed a little high. We checked the weir. The water was same height on both sides.
“By next year, one of her kids said, 'Ma, this lake is way high.'
“I had no reference as to what was high, but residents had water in their basements.”
At that point, they created the special assessment district, he said. “Sharon gave us a petition after having five people sign it.
“Then we had to move forward. We had the Board of Determination. We had 400 people show up at the township fire hall – and all but 10 of them didn’t want anything done.”
Dull vividly remembered one of the residents saying, 'Fixing this problem is like using a sledge hammer to do trim work.'
“None of them wanted this done. They said, 'We don’t have a problem. We don’t have a problem. It’s your problem.' ”
But the drain code is “written for that guy at the bottom of the hill,” Dull said. But everyone in the district receives the benefit of the water and they contribute to the problem when the water is high.
The next year, the situation got worse. Pleasant Lake was flooded.
“They were a foot and a half too high,” Dull said. “Then we got flooded houses, flooded sewers.”
Sandbags and pumps couldn’t stop the deluge, which some property owners claimed was Dull’s fault.
So 17 Crooked Lake residents filed suit, demanding that the drain commissioner declare eminent domain and buy their houses.
David and Leslie Bolton, David and Ann Skender, Robert and Sharon Ritchie, Michael and Sandra Golembiewki, Jill Sterling, Mark Nelson, Jason and Dana Adams, David Baker, Gary and Deborah Englehardt, and Joseph and Cheryl Reda claimed that Dull knowingly and deliberately set the forces in motion that caused the level of Upper Crooked Lake to rise and, as a result, flood their property.
In their complaint, they said Dull had, in effect, declared inverse eminent domain by flooding their houses through his actions, so he might as well buy their properties and take possession of them.
Crooked Lake had no outlet, so Dull had gotten a permit to channel the overflow through a culvert under M-43 and created a retention pond in Glasby Lake.
Under state law, “private property shall not be taken for public use without just compensation therefore being first made or secured in a manner prescribed by law,” the suit stated.
Dull also “deliberately determined that the elevated amount of water in Upper Crooked Lake shall be stored upon the plaintiff’s properties pending the eventual return, if any, of the lake level,” it said.
It was Dull's replacement of the Floria Road culvert that ultimately led to the flooding of their properties, they claimed.
“As a direct result of the modifications of the drainage pattern of the Watson Drain, as directed by defendant Drain Commissioner, the lake level of Upper Crooked Lake has risen to significantly that Plaintiffs' properties have become flooded, damaged and, in one or more instances, uninhabitable.”
Replacement of the culvert occurred in a wetland regulated by what was then known as the state Department of Environmental Quality, the complaint said
The state Wetlands Protection Act required a permit to be obtained to replace that culvert, and Dull did not have a permit to replace that culvert, the plaintiffs claimed.
They also called for the court to order Dull to restore the lake level of Upper Crooked Lake to 922.75 feet above sea level, per a 1942 court decision.
All the plaintiffs were residents, or former residents, of the Watson Drain district and all owned property on Upper Crooked Lake.
The properties they owned had the following condemnation values: Bolton, $171,800; Skender, $312,200; Ritchie, $224,000; Golembiewki $219,000; Sterling, $138,600; Nelson, $197,600; Adams, $153,400; Baker, $187,000; Englehardt, $248,800.
All of the property owners, except Joseph and Cheryl Reda, were seeking the condemnation value for their properties, along with other relief provided under law.
They claimed the damages they incurred included the “complete or total market value of their property; increased utility cost to operate pumps in a 'futile effort to mitigate their damages and save their properties;' other costs and expenses of equipment, supplies, and/or the use of contractors; physical damages to their residences; physical damages to the properties on which their residences are located; and physical loss of some of the real property on which their residences are located.”
The suit ended up being dismissed, but the problems didn't end.
In 2019, flooding worsened in the Delton area and submerged a portion of M-43 to the point that it became impassable.
Today, the people who sued are in much better straits, Dull said. “The water is down almost 2½ feet from where we were.”
He's elated by that fact. “It has helped a lot.”
Ironically, Ritchie, who started the project by filing the petition, no longer lives in the district.
Dull said people now say to him: “Well, the lake’s down. Quit.
“What they don’t understand is, now that those people are in the drain district, if we stop pumping today and they get flooded out, we are going to have to pay to replace everything that’s damaged.”
Drain districts create a totally different dynamic, he explained.
“Under law,” he said, “if you live in a drain district and you get flooded out and your drain commissioner isn't actively trying to fix your problem, then the drain district is responsible.
“There is no insurance for drain districts,” he pointed out. “... so you better do your job.”
As a result of the drain district being created, the Watson Drain project must continue, even without any flooding threat.
“We still need to do this project,” Dull said.
And so Watson will join a number of drainage districts in Barry County, although it's not clear exactly how many.
“Twenty-five years ago, there were roughly 230 or 240,” Dull said. “They exist in perpetuity unless you abandon them.”
Some old books he found in the attic of the courthouse document drainage districts, but he doesn't have all the township books and he'd be willing to pay to get them.
Those records can help him prove the existence of those districts. He sure would like to get the books for Rutland Charter Township, for example.
Dull said he hopes to get all those documents on computer to protect the record.
And, if he had his way, Watson Drain would be the last drainage district in the county.
“We'd just as soon not have another one,” he said.