County, Garrison Diversion reach compromise on open-cuts

At a special meeting on Wednesday, Oct. 2, Foster County commissioners came to an agreement with representatives of Garrison Diversion and the Red River Valley Water Supply Project (RRVW) regarding open-cuts on two roads within the county.

Foster County and Garrison Diversion first discussed the issue during a meeting in early September, when Kip Kovar – Garrison Diversion's deputy program manager for the RRVW – told commissioners about an apparent misunderstanding, which could have cost Garrison Diversion around $2 million.

Kovar said he had previously left a 2021 meeting with county commissioners with an understanding – or as he put it, a "gentleman's agreement" – that he could go ahead with open-cuts on roads where necessary for the RRVW.

The RRVW was designed to provide an emergency water supply to central and eastern North Dakota – including Foster County – during times of water scarcity, and the open-cut method involves cutting a deep trench into a road before laying down the pipeline.

However, official meeting minutes show that commissioners only agreed to open-cut one road, that being the Bordulac Highway.

That particular project was eventually completed, but Kovar had also bid an open-cut project in 2023 for County Highway 1605, locally known as the dump ground road.

County commissioners did not agree to open-cut that road, and have expressed concerns that doing so could have negative impacts on the road long-term, such as ground settlement.

Kovar told commissioners in September that issuing a "change order" and switching to a tunneling method could cost Garrison Diversion $2 million, and the two entities have been trying to reach a resolution that satisfies both sides ever since.

However, a proposal previously made by commissioners was rejected by the board at Garrison Diversion.

In exchange for allowing them to open-cut the dump ground road, that plan would have stipulated that Garrison Diversion cover any repair costs related to "ground settling" for the next 30 years or until an overlay is done, and that Foster County would receive a payment of $100,000 on the off-chance this project isn't completed and Garrison Diversion is no longer around to cover those repair costs.

Kovar told commissioners that the sticking point for Garrison Diversion's board members was the $100,000 payment, and he attempted to assure commissioners that Garrison Diversion isn't going anywhere.

He then suggested amending the deal to state that Garrison Diversion would cover the costs of any repairs related to ground settling forever, with no time limit and whether or not there's an overlay.

"There shouldn't be a time limit in my opinion," said Kovar. "It's our pipe, it's under your road, so we take care of it. ... even after an overlay, it's our pipe there, so if we're creating problems we'll fix it."

Kovar noted that Garrison Diversion has already spent $1.25 million since 2021 taking care of township roads impacted by the RRVW within Foster County.

"And we're probably going to double that by the time we leave Foster County," he added, "and that's blading, putting rock on the roads, those types of things."

Carrington Mayor Tom Erdmann also attended the special meeting, representing the Lake Agassiz Water Authority Board, of which he's a member.

"What we're saying at Garrison and Lake Agassiz Water is that these things will be taken care of," he said. "If we've already committed $1.25 million in aggregate work for your township roads already, that tells me that we've got a fair amount of skin in the game and we're willing to make commitments to the future that we will protect Foster County and their roads."

Separately, Kovar also agreed that Garrison Diversion should cover any costs the county's road superintendent, Nate Munson, or the county's road engineer, Mike Rivinius, might incur when addressing potential settlement issues resulting from the open-cut.

Steve Metzger, a board member with Garrison Diversion who was also in attendance, agreed.

Kovar specifically suggested $5,000 per open-cut to cover those costs, but the commission countered with $10,000 just for the dump ground road.

Commissioner Pat Copenhaver eventually made a motion to that effect, stating that in exchange for allowing Garrison Diversion to open-cut the dump ground road, they must cover any long-term issues that may arise from ground settlement, as well as cut a check for $10,000 to Foster County.

That motion was carried unanimously by the commission, and soon after an identical motion was carried for the Kensal Highway, essentially giving Garrison Diversion permission to open-cut two Foster County roads in exchange for $20,000.

Almost immediately after the motions passed, Kovar told the commission that Garrison Diversion would agree to the compromise.

Metzger added, "On behalf of the Garrison board, I just want to thank you for the opportunity to do this. This is the kind of communication we needed to have."

"We greatly appreciate working with the county," added Erdmann on behalf of the Lake Agassiz Water Authority Board.

Meanwhile, to handle any future open-cut or similar projects, a new committee has been established by the county commission to find long-term solutions and policies for utilities and roads.

Before adjourning the meeting, Foster County Commission Chairman David Utke attempted to clarify comments made during the previous meeting about the aforementioned "gentleman's agreement," regarding open-cuts.

He wanted to assure Foster County residents that no such agreement was made, and that it was simply a misunderstanding which led Kovar to bid an open-cut project on the dump ground road – a misunderstanding which has now been corrected.

"There are some people who read the article in the paper, and are thinking that this commission has made some backroom deals or something outside of meetings, which we have not done," said Utke.

Kovar said that he was referring to a "road maintenance plan," which was previously presented to Foster County commissioners and which stated that roads could be open-cut. However, he admitted that the plan was not signed by the commission nor specifically agreed to by commissioners.

"Sorry if I got anybody in trouble, because yes, the Foster County Commission did not have an official agreement with me. That's correct," said Kovar.