(Spirit Lake)– A Pocahontas attorney that specializes in drainage matters has issued an opinion regarding the outlet at Lower Gar Lake. The Dickinson county board of supervisors requested the opinion from Jim Hudson. The supervisors in the past have thought about changing the outlet, including the possibility of replacing culverts with a bridge.
In a letter to the supervisors, Hudson says it’s his opinion the county could NOT be held liable if nothing at all is done and there should be another flood similar to 1993. Likewise, Hudson says, it’s his opinion the county COULD be held liable if changes ARE made and there is a flood.
Hudson went on to state that residents around the lake could form a drainage district if they would like to address any flood concerns. He added that would be a very expensive option, though.
The supervisors were asked to change the Lower Gar outlet several years ago by some West Lake Okoboji property owners. They’re concerned that even with the improvements that were made in 1993, that West Okoboji is still retaining water longer than other lakes in the chain. They contend that expanding the opening at the end of Lower Gar would make West Lake Okoboji drop faster during periods of high water. The city of Milford has opposed any plans to put in a bridge…concerned they’d get stuck with maintenance costs once the city annexes that area.
Assistant County Attorney Lonnie Saunders commented on Hudson’s letter at Tuesday’s board of supervisors meeting.
