Town blames railroad for flood damage

    The Town of Grafton is considering legal action against Union Pacific Railroad Co. after an emergency repair of a culvert last summer left several properties vulnerable to flood damage.

    The company replaced a collapsed culvert near Falls Road just east of I-43 during severe storms in late August and early September 2018. Since then, several properties in the Fox Tail subdivision have experienced flooding. 

    During a Town Board meeting Wednesday, June 12, Town Engineer Kevin Kimmes said Union Pacific crews were allowed to fix the culvert immediately without being required to go through customary design and permitting procedures with the Wisconsin Department of Natural Resources for drainage projects.

    “Sure enough, we get out there, and they’re replacing a 24-inch diameter pipe with a 48-inch pipe,” Kimmes said. 

    Due to the larger pipe size, Kimmes said, water is able to travel to the far end of the culvert at three times the previous speed. Properties in the drainage area have experienced flooding, which did not occur prior to the repair.

    “It’s a major drainage area. It affects people’s property,” Kimmes said. 

    Fox Tail resident Neil Hobbs said previously that there has been no home damage, but the flooding has become “significant and problematic” since the culvert was changed.

    Since then, two Fox Tail residents have had to purchase flood insurance. 

    Kimmes said Union Pacific has offered to provide the town with materials to replace the pipe, but he said “that isn’t good enough.”

    “In my mind, they’ve changed the culvert and caused the need for these corrective actions and they need to pay for it,” Kimmes said, noting he expects the cost of repair to be more than $50,000. 

    He said Union Pacific violated state statutes, and the company should reimburse the residents who had to purchase flood insurance.

    Town Supr. Tom Grabow said the town shouldn’t have to cover the cost to replace the drainage pipe.

    Town Chairman Lester Bartel said he wants the board to meet in closed session to discuss possible legal action. 

    Town Attorney Sara MacCarthy said the statute of limitations gives the town three years to take legal action. 

    Meanwhile, Kimmes said, the town shouldn’t attempt to correct the drainage because the culvert is Union Pacific property. 

    “It’s their culvert that they installed. If we were to go in there, I think we would be trespassing on their property,” Kimmes said.

    “The improvement needs to get done, but the argument is who is going to pay for it.”

    Bartel said he wants the project done this summer.