HomeMy WebLinkAboutChristensen Fulton & Filz PLLC CHRISTENSEN FULTON & FILZ, PLLC
2825 3rd Avenue North, Suite 100, P. O. Box 339, Billings, Montana 59 -0 339 Tel 406- 248 -3100
Fax 406- 248 -7908
John R. Christensen christensen0cfflawfirm.net
Timothy A. Filz*
Angus B. Fulton*
Patience A. Llewellyn* ** *LL.M. Taxation
Ben T. Sather * *Also licensed in the State of Oregon
May 11, 2011
Laurel City Council i P.O. BOX 10 : h9 AY 1 7. 2011 � ` �
Laurel, MT 59044 I
CITY OF LAUREL
RE: Danford Ditch Company
Rick H. Olson Correspondence
Our File No.: 56701.001
Dear Council Members:
Our firm represents the Danford Ditch Company which owns, maintains and
operates an irrigation canal which runs near Laurel, Montana. The Danford Ditch
Company was copied on several letters written by Rick H. Olson relating to issues he has
on a lateral off the Danford Ditch. For your convenience we have enclosed copies of
both letters dated April 26, 2011, and signed by Mr. Olson. The first letter is addressed
to the Danford Ditch members and the Laurel City Council and the second being
addressed to Steve Aaker of Laurel, Montana.
So that there is no confusion, the Danford Ditch Company should not have been
copied and is not involved in any way in the dispute between Mr. Olson and Mr. Aaker
regarding the operation and maintenance of the lateral from the Danford Ditch on
which they are both users. Danford Ditch's responsibility ends at the point that it allows
water to be turned into the users' lateral. Once the water is released to the lateral, it is
the exclusive responsibility of the lateral owners and users to monitor and manage their
lateral ditch.
It is our understanding there are several users on the lateral which services both
the Olson and the Aaker property. They include Jim Hofferber, Doc Allrick, Val & Amy
Letcher and Mike & Joane Yost, to name a few. Mr. Olson is the second to the last user
and Mr. Aaker is the last user on the lateral. It is our understanding Mr. Aaker has
placed a head gate in the ditch where it enters his property. The Danford Ditch
Company did not play a role in that decision. It appears Mr. Olson disagrees with Mr.
Aaker's decision but it is a dispute between two users on the lateral and should not
involve either the Danford Ditch Company nor the City of Laurel.
F: \567oi.00i\ Correspondence \uo51o.Ltr.Laurel City Council.doc
Christensen, Fulton & Filz, PLLC
May 10, 2011 Page 2
The lateral in dispute is the last lateral off the Danford Ditch prior to the balance
of the water either being taken by the Davis Ditch Company, which has a water right to
the Danford Ditch waste water, or if not, taken by the Davis Ditch Company flows back
into the Yellowstone River. As with the lateral which serves the Olson and Aaker
property, the Danford Ditch has no responsibility for the Davis Ditch nor the water after
it leaves the head gate off the Danford Ditch canal.
We have been requested to respond to the enclosed letters in that the letters
imply that the Danford Ditch Company is responsible for the issues relating to water
usage on the Olson /Aaker lateral or the Davis Ditch. Danford Ditch Company has no
responsibility for the control or use of water on either lateral. We hope this letter
adequately explains our position but if you would like to discuss the matter in more
detail, please let us know and we will meet with representatives of the council, if
necessary.
Thank you.
Sinc - rely,
!f
John R. Christensen
JRC /ji
Enclosures
cc: Danford Ditch Company (w /o encl)
Rick H. Olson (w /o encl)
Steve Aaker (w /o encl)
(BYPASS)
Bet
TRUCK REPAIR all
WELDING
nose: 40642$430$ cell 406 -670 -4931
Foe 406. 621 -10a9 PO Box 275
Toll Frew $66- 62i630$ 1301 Thiel Rod
CeH
now 406460-2229 Iaerei, MP 59044
Emil: bvpasstruck@montana.net
April 26, 2011
Steve Aaker
Global S Investments
3223 River Road
- " 59044
Re: Davis/Danford Ditch
Dear Steve,
M the October 26, 2010 Laurel City Coin meeting, a discussion ensued regarding the
matter of the flooding from the Danford Ditch into Riverfront Park. Suggestions of potential
remedies were presented. One such consideration was to place a gate to control the flow of
water into the park. However, the decision to instal a gate to control and block water flow from
the Danford Ditch was not agreed to or voted on by Laurel City Council Board members. Your
action to install a gate on the smaller of the twin ditches, which flows from my property, will
render no change or resolution to the wallow onto park property.
Your decision to install a gate on your property allows you exclusive control of die
amount of water flow from the Danford Ditch. The release of water from the Danford Ditch is at
your sole discretion. Your gate diminishes Danford Ditch recipients' ability to receive water.
Notice of the installation of your gate was not provided at any Danford Ditch Board meeting or
to Danford Ditch Association members as mandated by M.C.A 70- 17- 112(2). The placement
-- and construction of the gate was not consented to by vote by Danfixd Ditch Association
members.
I ask that you change the Bate placement from the smaller ditch to the western most ditch
outlet which will provide control of water flow into the park. Additionally, your decision to
install a lock on the gate should not be permitted and it should not be utilized. This gate could
potentially create another flood of the Danford Ditch onto my property. Your response to this
correspondence is requested.
Sinoaely,
a
Rick H. Olson
Cc: Lauael City Council
Danford Ditch Association members
Danford Ditch Meociation members
(BYPASS) BealLitif
TRUCK REPAIR X
& WELDING V. Bar .
Phone: 406- 628 -6308 Cell Phone: 406-670-4931
Fax: 406- 628 -1089 PO Box 275
Toll Free: 866-628-6308 1301 Thiel Road
Cell Phone: 406- 860 -2229 Laurel, MT 59044
Email: bypasstruckQ.montana.net
April 26, 2011
Dear Danford Ditch Members/ City Council
Steve Aaker has put a gate on our ditch at the fence line. If he put a lock on the gate, it
- timid - in - turn stop -all water flow at my property line and it could cause flooding again this year I-- - -
would like to get this gate removed or take the lock chains off or leave it all the way open.
Your response to the correspondence is requested
PS: THERE A EIGHT OTHER MEMBERS AHEAD OF ME, AND THEY NEED THE
WATER ALL SUMMER. WATER DOES NOT RUN UP HILL.
Sincerely,
Rick H. Olson
Cc: Laurel City Council
7Chj;a 14.-r--‘--
Danford Ditch Association members `
1