County rejects crossing study

Glenda Collier was recently re-elected to a fourth term on the Eddy County Commission, and now she's been elected the chairperson.

The election of officers for the 2025 year was held at the commission's regular meeting on Tuesday, Dec. 3. Commissioners typically rotate through the chair and vice chair seats, and Collier is currently the vice chair. Commissioner Dave Gehrtz was elected vice chair for 2025.

The primary topic of discussion at Tuesday’s meeting was an ongoing concern from Bush Township resident and landowner Roger Langley. He has attended the last three commission meetings to address a drainage issue on land he owns along County Road 4.

The land is near Robinson Coulee, a large wetland that drains west all the way to Hwy. 281 and east nearly to Hwy. 15. Every landowner in the area has dealt with water issues due to the poor drainage. It is slow to drain due to minimal slope, commissioners and road department officials have said.

Over the past few months, Langley has referenced numerous clauses in N.D. Century Code and Administrative Rules in attempt to convince commissioners to keep the water from flooding his land. Langley has asserted that the road itself diverts the natural flow of water, which floods his field as a result.

County officials differ on that assessment, citing that the road was built per state statute and met all codes at the time it was constructed. Additionally, the road is not currently compromised due to the water flow.

Langley has presented several possible solutions and has requested that the county pay for a stream crossing study to evaluate whether the water is flowing naturally as it should.

Commissioners say a stream crossing study is not necessary unless they recconstruct or make major repairs to the road, which they don't plan to do. Langley's neighbors have also disputed his proposed solutions, which include creating a ditch block in an approach on his land and adding a culvert next to the existing one under the county road north of his land.

The county's responsibility is to maintain the public infrastructure in accordance with state statutes, and according to county officials the county road is up to par.

"The road is not the problem," State's Attorney Ashley Lies said.

The water is "not compromising the road, and that's our main responsibility," Commissioner Jamie Allmaras said.

Commissioners have offered another alternative, which is to spray and clean out cattails alongside the county road to see if that will improve the flow of water. Langley disagrees, saying that the cattails don't impede the water flow enough for removing them to make a difference.

"What are you asking today, Roger?" Lies asked.

"I would like the water to quit flowing down the ditch and flooding my field," Langley said.

The Eddy County Water Resource Board sat in on the November meeting as Langley addressed his concerns, and they too declined to order a stream crossing study.

Commissioners said Langley could privately hire an engineer to conduct a stream crossing study at his own expense, or consult with his neighbors and request one from the county or water board collectively as a unit. The neighbors would all need to agree that a study is necessary. The commission does not get involved in private land drainage concerns.

"No matter what we do, it's going to affect people," Commissioner Jamie Allmaras said.

In other business, commissioners approved a hardship variance from Cenex Pipeline to construct an equipment shed closer to the property line than the ordinance allows. The zoning commission gave its approval to grant the variance at a meeting on Nov. 27, and recommended final approval by the commission.

The next regular commission meeting is set for Tuesday, Jan. 7 at 8:30 a.m.