The Canyon Highway District #4 board of commissioners has released an open letter regarding the collapse and subsequent flooding situation involving a culvert under Midway Road in August.
The flooding caused multiple homes to be damaged, with most having to be abandoned until repairs could be made.
The district says after it realized the legal process regarding compensation would be complicated and take time, it authorized $850,000 in emergency funds to help property owners who had damage done to their homes due to the flooding.
In the letter, the commissioners say their investigation learned that the City of Caldwell had been given a report in January of 2013 on the culvert that called it “structurally deficient and in critical condition.”
KBOI-2-TV reports, the district says the city never shared the results of the report, and if the city had, the district would have immediately taken action to replace the culvert.
Commissioners say there will be more expenses in the future regarding compensation to property owners, and called on the City of Caldwell to provide funding.
CANYON HIGHWAY DISTRICT No. 4
COMMISSIONERS’ OPEN LETTER
TO OUR PATRONS AND TAXPAYERS
THE ELIJAH DRAIN FLOOD DISASTER
On August 13, the Elijah Drain culvert, under Midway Road, collapsed in the middle of the night resulting in extensive flooding to over 20 neighboring residences. Later that same day our Highway District removed the failed culvert and opened the drain, which ended the flooding.Unfortunately, the flood damage was so extensive that some residents could no longer live in their homes others continued to live in their home, but lost the use of their domestic water, bathrooms,kitchens and furnaces. Some residents had severe health issues and at the expense of Canyon Highway District No. 4 were moved to local hotels. Our Highway District provided portable restrooms, dumpsters, and other immediate assistance. Soon thereafter, the Highway District replaced the culvert and reopened Midway Road.The ownership of Midway Road at this location is complex. The east side of the road right-a-way is within Nampa Highway District No. 1 and the northwest quarter is within Canyon Highway District No. 4. The southwest quarter of the location is within the City of Caldwell and the Elijah Drain itself belongs to Pioneer Irrigation District. Canyon Highway District No. 4 maintained this section of Midway Road pursuant to exchange maintenance agreements, one with the City of Caldwell and one with Nampa Highway District No. 1.As a result of our investigation, as to the cause of this flood, the Highway District learned that the City of Caldwell had received [in January of 2013] a completed culvert inspection report, which found that the Elijah Drain Culvert was structurally deficient and in critical condition. The City never alerted or shared that report with this Highway District’s staff and to our astonishment asserted they never received a completed copy of that report. Had that information been shared at that time, the culvert would have been immediately replaced and this incident would never have occurred.
The Highway District’s primarily concern is and was for the health of the residents and for the security and restoration of their damaged residential property. It became clear that the health and damaged property of the residents was in continued danger, even with the assistance of volunteers and the initial effort of this Highway District. This was due to a lack of resources to repair damaged residential property prior to the commencement of the winter season and likely for many months thereafter. It became clear to us that the damage claims adjustment process has and will have complications and delay. This is the result of the liability damage limits imposed by the Idaho Tort Claim law, by a lack of resolve on the part of Canyon County to declare an emergency and the City of Caldwell’s lack of providing any assistance in this matter.The Commissioners of Canyon Highway District No. 4 determined that continued delay was unacceptable and we chose to exercise our authority, as provided in Idaho Code Sections 40-1308(4) and 40-820, because this situation was in the public interest, a necessity and demanded the immediate expenditure of public money to safeguard life, health and property of those affected.Therefore, the Board authorized a special disaster emergency appropriation of Highway District funds in the amount of $850,000. This appropriation included a detailed expenditure process. The Highway District hired a professional claims accommodate or and authorized administrative staff to review and approve each expense. The property owners were required by the District to do two things as a condition of payment of emergency funds. First, they had to use the emergency funds to repair the damages identified. Second, they had to agree not to make any additional claim for the damages repaired with the emergency funds. The District received full cooperation and the expenditures of these emergency funds is almost complete.What is important is that the affected property owners will now be secure in their homes and the remaining legal process to determine who is responsible to pay the remaining damage claims can proceed on its legal course, which may take years. Our biggest regret is that we did not get the information from the City of Caldwell prior to the culvert failure, which could have prevented this disaster, and that City officials, thus far, have not seen fit to participate with us in this emergency fund relief effort.
