Court OKs Eagle Creek basin to proceed

DEFIANCE — The Maumee Watershed Conservancy District Court has voted to allow the construction of the $70 million Eagle Creek flood basin to proceed. The court voted 14-1 Friday to amend the district's work plan to include the basin, with Hardin County expressing opposition due to a lack of preparation by the district for the vote. Hancock County Common Pleas Court Judge Reginald Routson, while expressing reservations about the plan, voted in favor of the basin. Routson said he supports flood mitigation and wants Findlay to thrive, but is concerned that the basin "is more of a concept than a plan." The court, which is charged with overseeing the scope of the district's work plan, includes a common pleas judge from each of the counties encompassed by the watershed, including Allen, Auglaize, Defiance, Fulton, Hancock, Hardin, Henry, Lucas, Mercer, Paulding, Putnam, Shelby, Van Wert, Williams and Wood counties. Routson represents Hancock County on the conservancy court. The conservancy district has already purchased 416.8 acres in Eagle Township for $27,000 per acre — a total of $11.25 million. Money to pay for the property was taken from a $15 million state grant. Another $15 million was awarded to the project by the state as part of the capital budget in December. According to the conservancy district, another 252.8 acres are "under written contract" with Blanchard River Watershed Solutions group, an Ohio nonprofit corporation representing 42 area businesses. At its 2020 annual meeting, held in September, the court challenged the district's authority to purchase the land without the court's approval to include the basin in its work plan. The court then tabled the decision at its annual meeting this year, held in May, to allow for public input. A public meeting, held June 28 at the Old Mill Stream Centre on the Hancock County Fairgrounds, attracted nearly 200 people. On Friday, the judges expressed a myriad of concerns about the project, including the need for an additional $40 million to fund its construction, and a maintenance commitment once it's built. Conservancy officials, however, said they were confident that the state of Ohio will grant the balance of money needed for the basin. The city of Findlay is expected to cover the maintenance costs, which could include paying about $30,000 in taxes lost by other public entities which once received property tax revenues from the basin land. On Friday, Mayor Christina Muryn said the city has expressed its support for the project. There has been no public discussion, however, by Findlay City Council in assuming the expense. Should the state not provide the funds, or the city not provide the maintenance, that expense could fall to landowners downstream of the basin, who are expected to benefit from its construction. The conservancy district has the authority to make property tax assessments. On Friday, officials could not provide a count of property owners who might face assessments, or how much might be assessed, if other funding options fail. Conservancy officials did say the goal is to fund the project completely with state funds. The basin, which is expected to range in size from 600 to 800 acres, would be dry most of the time. However, it could hold enough stormwater to drop floodwater 1.5 to 1.7 feet on Findlay's Main Street during a 100-year storm, like the flood of August 2007. Once constructed, the basin would cost about $100,000 annually to operate and maintain. Construction of the basin would require the vacation and relocation of Township Road 49. Four residences will need to be acquired and demolished. At least two homeowners have indicated that they are unwilling to sell. If no settlement can be reached, the conservancy district does have the authority of eminent domain, meaning it can seize private property for public use, but must pay a fair market value for the property. Conservancy district officials have said they want to avoid evoking eminent domain, which can lead to lengthy and costly legal battles. Once operational, the basin would remove about 2,000 acres, or 1,950 parcels, from the Federal Emergency Management Agency's regulatory floodplain. The basin is estimated to have a positive cost-benefit ratio of 1:2.2, according to the engineer's report. The ratio means that for every dollar spent to build and maintain the basin, it will provide $2.20 in benefits in damages avoided. Those damages could be to homes, buildings, infrastructure, or to nonphysical damages, such as loss of income or transportation. On Friday, conservancy officials said they are currently working on a remedy with the Ohio Department of Natural Resources about the farming of the ground until the basin is constructed. ODNR officials have said the farming of the ground, which is now publicly owned, is illegal. The 416.8 acres owned by the conservancy in Eagle Township is being farmed this year — and was farmed last year — by the previous landowners, who are keeping the profit. The arrangement was part of the purchase agreements for the land to allow for its maintenance prior to construction of the basin, which could begin in late 2022. There were also questions Friday about the "tax-free" status of the land under the farming agreement, which have yet to be settled. Grant: 419-427-8412