Caldwell v. Goldberg

The determinative issue in the case before us is whether the drainage ditch which traverses the Caldwell and Timmons lands is a public or a private ditch.

R. C. Chapter 6131, titled “Single County Ditches,” establishes procedures for improving ditches, drains and watercourses for drainage purposes by the board of county *50commissioners. Appellants argue that the ditch is a public watercourse by operation of R. C. 6131.59, which provides:

“When an improvement consisting of a ditch, drain, or watercourse has become the outlet of agricultural drainage, and has been established and constructed, or…