The Delaware County Drainage Board reviewed a preliminary report prepared by the county surveyor on a petition to recognize a mutual drain near County Road 700 East and 100 North as a regulated drain. The surveyor said he had prepared the preliminary report before receiving the petitioner’s formal filing and outlined the procedural requirements the petitioner must meet under Indiana law.

The proposed drain runs parallel to County Road 700 East and ends at 100 North, beginning about 1,500 feet south of 100 North. Tom explained that to be considered for inclusion in the county’s regulated drainage system, a new or mutual drain must satisfy three conditions: practicability, public benefit (for example, benefit to a public highway), and an assessment that the cost and expense will likely be less than the benefits to the landowners likely to benefit.

Tom said he believed those three conditions were met for the stretch that drains toward Hog Creek, but he had not yet received the full petition in his office. He described the filings and attachments required by Indiana law that the petitioner must provide before the surveyor finalizes the preliminary report—items such as signatures from owners representing 10% or more of the acreage, legal descriptions of affected tracts, a general route, and a petitioner’s statement that the benefits exceed costs.

Tom also described notice requirements: the petitioner’s attorney must mail notices to named owners and publish a notice (Tom referenced Indiana Code 5-3-1 as the publication requirement) and file affidavits of mailing with the drainage board. He said the county historically assists petitioners by preparing addresses and envelopes to ensure legal requirements are met, but that the statutory responsibility for mailing rests with the petitioner.

Board members discussed ownership questions: Tom said roughly 90% of the ditch is owned by the county commissioners and that a small sliver (about 0.3 acres) may be recorded differently and will require additional legal paperwork. Board members agreed to help the petitioner obtain necessary documents and to coordinate with county legal counsel. Tom said Lochmueller Group has been contacted and is ready to prepare engineering design once the public hearing is scheduled.

Next steps: the board asked the petitioner to complete the filing and the petitioner’s attorney to serve notices and file affidavits. After proper notice and affidavits, the board will schedule a public hearing (30 days’ notice was discussed) and proceed according to Indiana law.