Driggs Rethinks Irrigation Ditch Move

DRIGGS — Driggs relocated an irrigation ditch for its South 5th Street and Johnson Avenue road project, and on Sept. 28 the city council voted to have engineers look at other options for the project, working with the people who use the ditch. Mayor August Christensen broke a 2-2 tie to pass the motion.

The project is turning the corner of South 5th and Johnson from dirt into what the mayor called "a whole complete street with curb and sidewalk or pathway." The irrigation ditch serves what she called the Christensen family's "century-old farm on the south side of Johnson Avenue." Opening the special meeting, she told the council she is not related to the family, that "the ditch has been relocated," and that the meeting was needed because the road was scheduled to be paved, weather permitting, "later this week."

Ben Christensen told the council at its Sept. 15 meeting that the city "was supposed to get authorization from us as the ditch owners to move it ... which they didn't do." By his account, after he raised state law with the city, it sent the family a request, and "we denied it." A demand letter followed, and the city put the ditch back where it had been. Then the city "took our culverts out and filled in the ditch again," and he got a letter saying it was "just going to proceed as is and not honor our ditch rights."

On Sept. 28 Christensen, whose father owns the ditch and who operates it himself, read the council Idaho Code 42-1207. The owner's written permission, he read, "must first be obtained before it is relocated." "That was not done," he added. The statute also requires that a relocation not impede the ditch's flow or injure the people who use it, and says the owner's permission "shall not be unreasonably withheld."

By his figures, the relocation adds 80 feet to the ditch, and its grade "is currently running at 2% slope, and it changes in one spot to 0.336% slope." He went on: "If this stays where you guys have it ... if it breaks through here, it's going to come down here and it's going to flood" his neighbors, with water reaching as far as Creekside Meadows.

He showed three alternative routes closer to the ditch's original line and offered to pay for replacement culverts up front: "Happy to go get the pipe if it helps." He told the council, "We've stated our opposition. So we're gonna go dig it back in."

The council then spent 48 minutes in a closed session, which the agenda listed under the provision of state open-meetings law that lets a public body consult its attorney about pending or likely litigation. Neither the mayor nor city staff explained in the open session why the city moved the irrigation ditch or filled it back in.

When the council returned, Council member Jason Popilsky moved to send the project "back to engineering to go over other options where the city can work with ditch users and creating a solution." Council member Miles Knowles seconded.

Council member Sarah Johnston would not support the motion unless it committed the city to follow Idaho law "as far as receiving permission or getting judicial review prior to making changes." The mayor replied that working with the ditch users near the original location seemed to mean "we wouldn't need to have permission, and therefore would be following Idaho code," and Popilsky called following code "a given." When the mayor asked how the motion fell short, Johnston answered, "Written permission has not been granted for the work that has already taken place."

Johnston asked for three minutes to consider the motion and possibly offer an amendment. Knowles moved instead to end debate, which passed 3-1. The motion then split 2-2, with Popilsky and Knowles voting for it and Johnston and Council member Allison Michalski against, and the mayor voted to approve it.

After the meeting adjourned, the mayor addressed Christensen directly: "Thank you, Ben Christensen, for showing up and, um, and being here and talking. We will be working with designers and in touch to put the ditch back where you want it. Working together." The motion itself directs the engineers to look at options and does not name a location.

What to watch: The council meets Tuesday, Oct. 6, at 6 p.m. in council chambers at 60 S. Main St. and on Zoom. On Sept. 28 the mayor put off a second ditch Christensen raised: "I think that we would like to wait until October 6th to be able to do that one." The posted agenda does not list it. The agenda does include a public hearing on the city's fiscal 2027 fee schedule, which adds "service line reimbursement" fees of up to $11,500 on lots in the Driggs First Addition along South 5th Street.

Driggs Sends Road Project Back to Engineering Over Irrigation Ditch

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