Conservation * Development * Self-Government

2000 Annual Meeting & Banquet

You are cordially invited to attend the 56th Delaware Soil & Water Conservation District Annual Meeting and Banquet on Tuesday, November 21, 2000 at the Delaware JVS North Campus, 1610 SR 521.  The Banquet will begin at 7:00 PM.

Food and fellowship will be followed by the SWCD Meeting in the JVS Auditorium.  There will be entertainment, presentation of several youth and adult conservation awards including the 1999 Cooperator of the Year, and election of supervisors.

This year there will be two SWCD Supervisors to be elected.  Candidtates nominated are Mary Fleming, Brown Township; Kent Manley, Thompson Township; and James Sherman, Porter Township.  Profiles of all three candidates can be found on page 3.  Delaware County residents who wish to vote and cannot attend the meeting may vote by absentee ballot at the SWCD office.  Absentee ballots will be available at the SWCD office prior to noon on the day of the election.

Everyone attending will have a chance to take home a great door prize so mark the date down on your calendar and send in your reservations today!  Reservation forms can be found on the back page of this newsletter.  Mail this form, with payment, to the SWCD office, and your tickets will be waiting at the door.

Take a break from your Thanksgiving preparations and join us at the 2000 Annual Banquet!
 

     Ohio Laws governing water rights and drainage are very complex.  Disputes between landowners are often settled in court on a case by case basis.  The SWCD encourages a cooperative effort between landowners to solve these problems.  This is usually the most successful and amicable method for all parties involved.
     A landowner is entitled to reasonable use of the water that flows across his/her land as long as it is returned to its natural course.  Simply put, water should enter and leave your property where it did prior to any earth disturbing activity.  This activity can include ponding water behind a dam for personal use or making drainage improvements to protect structures.
     As a result of the high volume of drainage questions and complaints, and the complex nature of Ohio’s Laws, the District has compiled the most commonly asked questions to help clarify these water rights issues.
 

DRAINAGE Q & A

Q: Is my neighbor permitted to drain water from his property onto mine?
A: Generally this is allowable as long as the water continues to follow its natural established course of flow and the reasonable use rule applies.  This is explained in detail in the Ohio Drainage Laws, found in the Ohio Revised Code chapters 6131, 6133, 6135, and 6137.  Contact the SWCD for a summary of these laws.

Q: My neighbor is sending muddy water in my direction.  Is he allowed to do this?
A: All sediment must remain on the original site from where it was generated.  Theoretically, only sediment and contaminant free water may be passed off your neighbors property; however, water will always pick up some sediment along its natural meandering.

Q: A nine acre commercial site is being developed upstream from my home, causing a large amount of runoff and sediment deposition.  Is this permitted?
A: Construction runoff from new construction sites and other related earth-moving activies is not currently regulated by any local agency.  Concerned landowners should contact the Ohio Environmental Protection Agency to see if a development is permitted by them, and if so, whether the requirements of that permit are being adhered to.  Please note that not all developments are required to be permitted by the Ohio EPA.

Q: I bought the land that my house was built on in late summer.  No one informed me that this land is wet for a large portion of the year.  My basement is always flooding and smells like mold.  Who is responsible for the damages?

A: Unfortunately this is another case of “buyer beware.”  When you are considering buying property, it is necessary to do your homework!  What many people are not aware of are underlying soil types.  This is one of the most important items to research before purchasing property.  One way to do this is by obtaining a soil survey map from the Delaware SWCD (or the SWCD in your county).  These maps are free and show all of the soil types in an area.  Additional information, also available from the SWCD, describes which soils are generally suitable for septic systems, building, farming, and other uses.  Also beware of where your house is located-uphill or downhill.  Water flows downhill, so property located in valleys and lower elevations will receive large amounts of water during a heavy rain regardless of what neighbors are doing.

Q: We found an old clay tile when we were excavating our basement/pond.  Do we have any responsibility with regards to this tile?
A: YES.  Anytime you disturb someone else’s drainage, it is your responsibility to make sure that it gets fixed.  Even if a subsurface tile appears to be plugged or not functioning, it must be rerouted around your pond or house and re-connected at some downstream point.  A cut tile is one of the most common sources of drainage problems seen by the District.

Q: Can the SWCD serve as the enforcement agency regarding drainage complaints?
A: NO-This is a common misconception.  The SWCD cannot enter a landowner’s property and order them to halt activity or force them to drain surface water off their land.  If a landowner, either upstream or downstream, requests our technical assistance with solving drainage problems on their own property, we are happy to respond and provide as much information as our expertise allows.  This will usually require that the property owner invest their own time and money to correct drainage problems that originate on or off their property.  Keeping a good communication line open with your neighbor helps.

Please contact the Delaware Soil & Water Conservation District, 740-368-1921, or dswcd@delawareswcd.org for further questions.

(This article was reprinted, in part, with the permission of the Geauga Soil & Water Conservation District.)

The annual inspection of all open ditches, tile, and urban drainage systems under the County Drainage Maintenance Program will be beginning soon.  If you are a landowner with property draining to a ditch that is under maintenance, and are aware of a particular problem, please call Milt Link, Drainage Coordinator and let him know.  It is impossible to see every submerged tile outlet, bad pipe, or hole during the inspection process.  Please note that this inspection involves maintenance areas only.  Our goal is to keep ditches and tile functioning properly for years to come.  Your assistance is welcomed.