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Published August 04, 2009

Commentary: JD2 comments and facts chat

By By Bob Loften, Osakis MN, The Osakis Review

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Sue G.
Osakis, MN     08/05/2009 12:08 PM

One of the problems that the JD2 Ditch Authority has to address is that Minnesota law does not state that you can trade ditch assessments for a sed pond. Minnesota Drainage law statutes says in statute 103E.315, Subd. 5.Extent and basis of benefits.(a) The viewers shall determine the amount of benefits to all property within the watershed.

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Sue G.
Osakis, MN     08/05/2009 11:41 AM

The numerous references to the statement that in 1908 the Osakis lake level of 1324 would be lowered by 3-5 feet, suggests that at 1324 feet the lake was at a high elevation. That would make sense as to why bottom of JD2 ditch when enters Lake Osakis was dug in at elevation of 1319 feet in 1908. The dam which was put in at elevation 1321.5 in 1939 has held in the waters of Lake Osakis to an overall elevation of 1323. That is only one foot lower than the 3-5 feet assumed lower level of 1324 in 1908. In 2003, a sed pond was added to JD2 which further restricts the flow of waters in JD2. The lands that are getting flooded were not addressed in the last Redetermination of Benefits. The only way to address the inaccurate assessments in the last Redetermination of Benefits, is to fix it by doing it correctly. The only way to correct it, is to do a Redetermination of Benefits. Not sure what engineering costs there would be in correcting the Viewers numbers if you only included the existing landowners of the ditch.

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