A group of West Point homeowners is blaming a neighboring farmer's irrigation for flooding their houses in the Oak Crest subdivision during the past 18 months.
But farmer Dan Gardner says the developers and homeowners brought the flooding on themselves by removing a ditch that carried runoff water.Both sides also blame city officials for failing to mediate the dispute successfully.
Last week, the irate neighbors showed up unannounced at the City Council meeting to air their frustrations. The next day, Peterson Development, the subdivision's developer, cemented an irrigation water gate to cut off Gardner's access to the water.
All parties agree the problem began when an old drainage ditch on the east side of the subdivision was removed when the subdivision was developed.
When Gardner floods his field with irrigation water, the excess flows into the back yards of the subdivision because there's no ditch to catch it. Homeowners say their homes have been flooded six times, causing thousands of dollars in damage.
Gardner says he has been flood-irrigating the property, which he leases from Utah Power & Light, since 1981, growing wheat, barley and pasture for several horses.
But because of the dispute, Gardner is not raising crops this year and says he hasn't irrigated in a year. He says if the homeowners are still getting flooded, the water is coming from one of the other farms in the area or storm runoff.
"I was here before they were," Gardner said. "The developer changed the use of the land, and when you change the use you've got to take care of the problems you create. The runoff water had been running down that ditch for 50 years. If they're getting water down there, it's due to their own stupidity."
In March, the property owners filed for a restraining order against Gardner to keep him from watering and a lawsuit for the damage to their homes. Gardner has counter-sued.
Homeowner Reed Povey said that at one point he had 3 to 4 feet of water in his back yard. Larry Hunt said he and his wife, Angela, have put their home up for sale after living in it less than two years.
Mayor Howard Stoddard said the developers installed a holding pond, but the property where the homes are located is so low that the water can't run into it.