Cass County Joint Water Resource Meeting – June 26, 2025

A meeting of the Cass County Joint Water Resource District (CCJWRD) was held on June 26, 2025, at 8:30 a.m.

Present were Ken Lougheed, North Cass Water Resource District; Keith Weston and Rick Steen, Southeast Cass Water Resource District; Jacob Gust, Rush River Water Resource District; Gerald Melvin, Maple River Water Resource District; Melissa Hinkemeyer, Director, Secretary-Treasurer; Amy Hepper, Accountant; Elizabeth Smith, Administrative Assistant; Rita Nelson, Accounting Assistant; Chris McShane, Luke Andrud, and Katie Schmidt, Ohnstad Twichell, P.C.; Kurt Lysne, Lyndon Pease, and Brady Woodard, Moore Engineering, Inc.; Mike Opat, Houston Engineering, Inc.; Rob Stefonowicz, Larkin Hoffman; Duane Breitling, Cass County Commissioner; Justin Fisher and Madeline Daudt, Metro Flood Diversion Authority (MFDA); Eric Dodds, Dean Vetter, and Sabrina Tusa, AE2S; Ken Helvey and Katie Laidley, SRF Consulting Group, Inc.; Wade Whitworth, HDR, Inc.; Dale Ahlsten, ProSource Technologies LLC; Paul Barthel and Katrina Olson, Jacobs.

Approval of agenda
It was moved by Manager Gust, seconded by Manager Steen, and unanimously carried to approve the order of the agenda, as amended.

Minutes
It was moved by Manager Weston, seconded by Manager Gust, and unanimously carried to approve the minutes of the June 12, 2025, meeting, as presented.

Metro Flood Diversion Project – Project updates and general topics
Eric Dodds introduced Justin Fisher, the new Metro Flood Diversion Authority Director of Lands and Compliance. The Board welcomed Mr. Fisher.

Chris McShane and Rob Stefonowicz updated the Board on the status of formal negotiations regarding the Metro Flood Diversion Project.

Mr. Dodds discussed the Property Acquisition Status Report regarding the Metro Flood Diversion Project and reported on key activities including continued negotiation of settlement agreements for existing eminent domain actions, disposal of Project lands deemed excess, completing plats for Diversion Channel lands in five of the seven
townships, working to finalize plats for the remaining two townships, and preparing for eminent domain trials.
Mr. Dodds reported that the land agents are assisting with relocation and advisory services, providing final walk-through assistance for property rentals, processing Rural Impact Mitigation Program reimbursement requests, assisting with mediations and settlement negotiations, negotiating with landowners for the Sheyenne River Benching
Project and flowage easements in Christine, and working on property acquisition for cemetery mitigation work regarding the Metro Flood Diversion Project.

Metro Flood Diversion Project – Acquisition review and approval
Dale Ahlsten discussed a counteroffer for acquisition of property rights regarding OIN 2006. A motion was made by Manager Gust and seconded by Manager Weston to approve the Purchase Agreement for OIN 2006 regarding the Metro Flood Diversion Project. Upon roll call vote, the motion carried unanimously.

It was moved by Manager Weston and seconded by Manager Steen to approve the maximum Replacement Housing Differential Payment for OINs 872-875 in the amount of $149,653 regarding the Metro Flood Diversion Project. Upon roll call vote, the motion carried unanimously.

Metro Flood Diversion Project – Relocation and reimbursement review and approval
It was moved by Manager Gust and seconded by Manager Weston to approve relocation and replacement housing payments for the following regarding the Metro Flood Diversion Project:
• OIN 2016 (non-residential), as outlined in the letter dated May 29, 2025
• OIN 2016 (residential), as outlined in the letter dated May 29, 2025
• OIN 820 (No. 1), as outlined in the letter dated June 26, 2025
• OIN 1891, as outlined in the summary dated June 17, 2025
• OIN 820 (No. 2), as outlined in the letter dated June 26, 2025
Upon roll call vote, the motion carried unanimously.

Metro Flood Diversion Project – Land management 
Madeline Daudt reviewed the lease termination letters of the Rental Agreements for OINs 1891, 1914, 1948H, 1953, 1958, 1959, and 8920 regarding the Metro Flood Diversion Project.

A motion was made by Manager Steen and seconded by Manager Gust to approve and authorize the Secretary to send a letter to the tenants of the following OINs notifying them of the termination of the associated Rental Agreements regarding the Metro Flood Diversion Project.
• OIN 1891 with an effective date of August 1, 2025
• OIN 1914 with an effective date of December 31, 2025
• OIN 1948H with an effective date of December 31, 2025
• OIN 1953 with an effective date of December 1, 2025
• OIN 1958 with an effective date of December 31, 2025
• OIN 1959 with an effective date of December 31, 2025
• OIN 8920 with an effective date of November 1, 2025
Upon roll call vote, the motion carried unanimously.

Metro Flood Diversion Project – Permanent obstruction of road right-of-way
Katie Schmidt discussed a Resolution regarding road right-of-way obstructions on 38th Street West between Sections 14 and 15 of Mapleton Township regarding the Metro Flood Diversion Project. Additional minutes relating to the matter are attached hereto.

Metro Flood Diversion Project – OIN 10 and OIN 1078N1 CCEC Easement
Paul Barthel reviewed the Utility Easement with Cass County Electric Cooperative needed to place new transmission lines on OINs 10 and 1078N1. A motion was made by Manager Gust and seconded by Manager Weston to approve and
authorize the Chairman to sign the Utility Easement with Cass County Electric Cooperative for OINs 10 and 1078N1 regarding the Metro Flood Diversion Project. Upon roll call vote, the motion carried unanimously.

Metro Flood Diversion Project – OIN 227N Xcel Energy Permit and Easement
Mr. Barthel reviewed the Utility Permit and Pipeline Easement with Xcel Energy for OIN 227N. The Board discussed the service area of the utility. Mr. Barthel noted it will provide gas service to a displaced property owner as well as other future needs in the area. A motion was made by Manage Gust and seconded by Manager Melvin to approve and
authorize the Chairman to sign the Utility Permit and Pipeline Easement with Xcel Energy for OIN 227N regarding the Metro Flood Diversion Project. Upon roll call vote, the motion carried unanimously.

Metro Flood Diversion Project – FMD Mapleton and Warren First Subdivision Agreements
A motion was made by Manager Weston and seconded by Manager Melvin to approve and authorize the Chairman to sign the Subdivision Improvement Agreements for the FMD-Mapleton Subdivision and the FMD-Warren First Subdivision regarding the Metro Flood Diversion Project. Upon roll call vote, the motion carried unanimously.

Maple River Dam – General operation and maintenance updates
Brady Woodard reported on recent tornado activity near the Maple River Dam tieback levee. Mr. Woodard stated that landowners in the area reached out to see if the Board is willing to assist with debris cleanup in the area this summer. Mr. Woodard stated he has started discussions with potential contractors to determine availability. Commissioner Duane Breitling reported that Cass County is in the process of declaring an emergency regarding the tornadic activity. Mr. Woodard showed photos of the affected areas surrounding the Maple River Dam. Kurt Lysne noted the tree loss may impact forest mitigation for the Maple River Dam.

The Board expressed concerns of contractor availability for homeowners and producers that need immediate assistance. The Board discussed repairing signage, road access, fencing, and immediate public safety concerns. Cleanup efforts will begin in Sections 31 and 32 in the backwater pool area where the debris is most concentrated.
Discussion was then held on the 2025 maintenance levy assessment for the Maple River Dam. A motion was made by Manager Weston and seconded by Manager Steen to amend the Cass County Joint Water Resource District maintenance levy for the Maple River Dam to the $1.50 level for 2025. Upon roll call vote, the motion carried unanimously.

A motion was made by Manager Steen and seconded by Manager Gust to authorize Moore Engineering, Inc. to hire a contractor to restore access, fencing, signage, and other matters involving public safety at the Maple River Dam and surrounding property. Upon roll call vote, the motion carried unanimously.

The Board directed Moore Engineering, Inc. to prepare a map of property elevations and ownership at the Maple River Dam surrounding property to aid in the debris cleanup efforts. The Board will continue to discuss the debris cleanup at the Maple River Dam and surrounding property at future meetings.

Regional Conservation Partnership Program (RCPP) – Upper Maple River Watershed
Mr. Lysne reported that Moore Engineering, Inc., is drafting a letter to impacted property owners updating them on the progress of the RCPP Upper Maple River Watershed Plan for the Board to consider at a future meeting. Manager Weston inquired about the timeline of the RCPP Upper Maple River Watershed Plan. Mr. Lysne indicated the plan is being reviewed and an exact review timeline is unknown. The Board briefly discussed inviting media to the signing of the Upper Maple River Watershed RCPP Plan with the Natural Resources Conservation Service after the plan is approved.

Sheldon Flood Protection Project No. 2019-01
Mr. Lysne reported contracts are being completed for the Sheldon Flood Protection Project No. 2019-01. Once the contracts are complete the contractor can begin the project. The Board briefly discussed public outreach regarding the Project.

Otter Tail Power Open House – Cuyuna Transmission Project
Discussion was held on an open house recently held by Otter Tail Power Company for their proposed Cuyuna Transmission Project. The Project may cross several water resource district facilities in Cass County.

Bills
It was moved by Manager Steen and seconded by Manager Weston to approve payment of Checks #15412 through #15416 and the wire transfers as presented. Upon roll call vote, the following Managers voted in favor: Lougheed, Weston, Steen, Gust, and Melvin. The motion passed.

Fargo Area Water Tour with North Dakota Water Education Foundation
Manager Steen noted the Fargo area water tour with the North Dakota Water Education Foundation went well and there was a good turnout of attendees. Manager Steen noted there has been significant progress on the Metro Flood Diversion Project.

Adjournment
There being no further business to be considered by the Board, it was moved by Manager Steen, seconded by Manager Gust, and unanimously carried to adjourn the meeting.