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HomeMy WebLinkAboutWest City Ditch CompanyWEST CITY DITCH COMPANY, INC. 1303 West 4th Street Laurel, MT 59044 406-628-2141 January 9, 2006 Laurel City Council Attn: City Clerk-Treasurer Laurel City Hall Laurel, MT 59044 2006 Laurel Development Corporation PO Box 421 Laurel, MT 59044 Robert (Rocky) Smith Solid Foundations Corporation PO Box 421 Laurel, MT 59044 To Whom It May Concern: We, the Board Members of West City Ditch, Inc., have been waiting for you to comply with the verbal agreement we made concerning the West City ditches. You promised to restore the ditches to our specifications so the water would flow as it did before construction began. You promised to put the ditches and culverts to grade which has not been done. You tore out trees and did not fill the ditch in properly. You drove through the ditch and did not restore that portion either. The backhoe work that was done caused more problems by letting water pool in some areas. We have been very patient while you have been doing your work this past summer and fall. We have cooperated with you by shutting offwater when you requested during our peak irrigation periods. We have recently had the ditches surveyed for grade. The north ditch is definitely not to grade (see attached survey A). This must be corrected 2 before water is turned into the ditches in April. If this is not corrected, you can expect the same problems again when the water is turned into the ditch. The south ditch is acceptable except for some gravel that was piled in the ditch, to~ ~,.~..t.A.~ ~ *., p. It has been brought to our attention that you have been harassing one of our shareholders about irrigating his land. You have stated that he has flooded your cmwlspaces or basements. Most of us on West 4th Street have crawlspaces or basements and we run sump pumps in these crawlspaces because of the high groundwater in this area. They run all year around because of the high water table. If you know this land like you say you do, you must know that it is groundwater not irrigation water that has done the damage. By law, you cannot stop our shareholders t}om irrigating their land with existing ditches on their property. We all use proper flood irrigation techniques and practices. (See attached Montana Code Annotated 2005) West City Ditch Company, Inc. expects a reply in writing with your intentions on correcting this problem on or before January 27, 2006. Please reply to: West City Ditch Company, Inc. 1303 West 4* Street Laurel, MT 59044 Roger Wold Pe~g~ L/awver Secretary/Treasurer David Bare Board Member Leonard Lawver Vice-President Rog are Board Member ~BOhn Becker oard Member January 3, 2006 On November 27 at 8:30 AM a transit level was set up by myself at a location at 9 feet from the property line along the eastern flow irrigation ditch on 4* Street. The property line is the line dividing city property belonging to LDC and county property belonging to John & Marcheta Beeker. At the intersection of this ditch and a ditch heading south along the east side of the property line a reading was taken for a reference point (reading at 6' 2" ). the property line intersection was also at the same reading. At ten feet to the west of the property line, the elevation is 8" lower than the property line elevation. The elevation stays lower upstream for about 30', thus creating a considerable low point in the ditch ( As Seen On The Graph ). I have observed this ditch earlier this year with running water, in this location the water had to build up before it would reach the elevation to continue to flow. While this ditch was flowing, it was also observed that water over flowed the bank on the north and south side of the ditch. Water was running from the ditch on the LDC property, there was no water overflowing from the ditch rttnning sollth along the fence line following the property line. The elevation on the ditch from Becket's property to Smith's property is 1' 8 1/4" total raise. With the width of the LDC property being 258.33' wide, the grade of the ditch bottom and the banks from Becket's property should raise 1/16" per foot from the reference point to the west property of the LDC. As per the recorded readings the ditch has many low points as well as the culverts are not set to the proper grade. This condition should be corrected, the ditch needs to be reconstructed and put to the proper grade or the problem of overflowing will continue into next year. Tom Becker 85-7-2212. Irrigation ditches - nonliabili/aes, rage Montana Code Annotated 2005 Pre~ie~s Sectio~ MCA Conter~s Pat Contents Search I-le~p Next Section 85-%2212. Irrigation ditches - nenliabilities. An irrigation district or private person or entity owning or operating in'igation ditches is not liable for: (1) personal injury or property damage resulting from floodwaters caused by rainfall or other weather conditions or acts of nature; (2) personal injury or property damage occurring on another's land and caused by water seepage that existed or began before the injured person first arrived on or obtained an interest in the land or before the damaged property was first placed on the land, if the seepage does not carry toxic chemicals onto the land; (3) injmy to a person or propen'7 while, without authorization of the district or private person or entity, the person or property is on land or water controlled by the district or private person or entity, unless the irrigation dislrict or private person or entity engaged in willful or wanton misconduct; or (4) death from a drowning, unless the irrigation district or private person or entity was grossly negligent or engaged in willful or wanton misconduct. llis~e~y: Eh. Sec. 2, Ch. 570. L. 1987. tgap:#data.opi.state.rgl.us/]oiils/ilaca/85/7 /85-7-2212.htm 12/14/2005 WEST CITY DITCH COMPANY, INC. 1303 WEST 4TM STREET LAUREL, MT 59044 AGREEMENT April 12, 2005 Laurel Development Corp. and Solid Foundation Subdivision PO Box 421 Laurel MT 59044 The Board of Directors of the West City Ditch Company, Inc. agrees to the following discussed improvements to our ditches located on the property owned by the Laurel Development Corporation and Solid Foundation Subdivision. The ditch at the North end of the subdivision: bring to grade and install a cement culvert 47 feet long, 18" in diameter. The ditch located at the South end o£the subdivision: bring to grade and install a cement culvert 40 feet long, 18" in diameter. If any of the WCD Co. ditches become contaminated in any way because of the actions of LDC or Solid Foundations, LDC and/or Solid Foundations will be solely responsible for clean-up and restoration. There will be at least 20 feet right of way easement located on one side of each ditch for mai~ltenanc¢ by WCD Co. inc. Under no circumstances will there be any dumping of collected water, any diverted water or unauthorized dumping of water, chemicals, or contaminates into any of the WCD Co. ditches. There will be no unauthorized pumping of water from any of the WCD Co. ditches. If you agree to the terms and conditions written in this document, by signing below all parties shall agree to comply with this agreement. Signed bythe Board of Direetors-West City Ditch Co. Inc. Cx,.~ President ~ - / v~eere)l~ytTre~r Vice-P~idant B~(m'd Member Laurel Development Corporation Solid Foundmlon Subdivision OFFICIAL USE · Complete ifems'l, 2, and 3. ~ complete il?~Y~ 4 if R~s~;,.;.ed DetJ~'y is de~'ed. · A~, this ca~ to the backeithe mailpiece, o~ an ifle ft~t If spaco pmmifm 2. ~cJe Numb~ ps F~rm 3811, February 2004 7002 241B 0001 4033 3383 WEST ~ DITCH ~OMP~, I~C. LAUREL, MT 59044 CERTIFrI~.DMAIL January 26, 2005 Laurel Development Corporation PO Box 421 Laurel, MT 59044 Tim Board of Directors of the West City Ditch Company, Inc. would like to request your final slnrm water drainage and nm offplan. No decision can be made until we have studied your plan. We do not believe in the philosophy of"doing it now and figuring it out later". Until this is resolved, there shall be no changes made to or any work done on any West City Ditch Company's ditches. Some of us were at the council meeting on January 25~, and we take exception to the comment about the center ditc~ You called it a drainage ditch that wa~'t important. That ditch is an irrigation ditch; we-have people downstream from the proposed subdivision that irrigate from that ditch. That ditch has been in existence since before West City Ditch Company was incorporated in 1946. Because the liability of coutaminations is so great, we omnot ~ will not make a decision without a complete and t~rml pla~ Signed by the Board of Directors-West City Ditch Company, Inc.