The Shelby County Supervisors held a unique drainage hearing as part of their meeting, Tuesday afternoon. The Application for Individual Drainage Right hearing filed by Ag Unlimited, Inc. was held inside the Supervisors’ Chambers. James Hudson, who has represented supervisors, trustees, and landowners in more than half the counties in northern Iowa since 1951, is drainage attorney from Pocahontas. As mediator, he explained to Ag Unlimited, owned by Chris and Joni Larson, and the other party involved Tom and Kay Schechinger, that the supervisors were acting as trustees per Iowa Code because Shelby County does not have a drainage system in place.

The hearing was held after Ag Unlimited requested permission to install a tile line to the west, across Schechinger’s property in Section 18 of Jackson Township in rural Shelby County. Larson explained he and the Schechinger’s attempted to work out an agreement for the tile line but were unsuccessful and he had no alternative other than to file the application. The Schechinger’s believed the drainage plan proposed by Larson was not feasible and had been told by their attorney not to enter into any agreements.

Also in attendance were Dave and Pam Borkowski as an interested party due to the water running from the tile line will eventually end up in their waterway. The Shelby County Supervisors heard from all interested parties on issues including the type of piping used for the tile line, NRCS and DNR regulations and who will pay for all the work. After nearly three hours of discussion, the Supervisors created and approved a resolution on the Individual Drainage Issue, but with several stipulations, including:

• The tile line to be paid for by Ag Unlimited will go into the road ditch on the east side of County Road M47 as the engineer presented.

• The largest retention area possible will be built at the top of the hill to help hold back as much water as possible during heavy rains.

• A 6 inch perforated, corrugated plastic pipe will be used unless the Schechinger’s want that changed to a non-perforated at a cost expense to them. The smaller size piping will help slow down the water flow, which should benefit Borkowski.

• The pipe will be trenched in, not knifed, a minimum of 36” deep, but as close to 48” as possible.

• The installation will take place based on NRCS requirements and Ag Unlimited will be responsible for crop damage.

• Ag Unlimited will be responsible for any damages and normal maintenance to the tile.

Hudson will work with the Shelby County Auditor Marsha Carter and draw up the final order.
Ag Unlimited and Schechingers will each be responsible for 50 percent of the County’s attorney fees for the procedure.

(Joel McCall/KNOD)