Sheriff: water on roads from sprinklers an annual problem

    It’s that time of year—complaints start coming into the Chase County Sheriff’s Office concerning irrigation sprinklers that leave water on roads.
    Sheriff Kevin Mueller said Monday his office has already fielded six complaints.
    “On average, we see anywhere from 15 to 21 complaints every growing season,” Mueller said.
    The sheriff said it’s always been his policy to work with farmers on this situation and try to avoid issuing a citations for a violation, if possible.
    “I know that there are times they malfunction, but we also have a few who blatantly ignore their sprinklers watering the road. So those are the ones we concentrate on,” he said.
    Mueller said his office policy is that the first time there is a violation, the dispatcher will contact the landowner and make them aware of the problem.
    “Most of the time this takes care of the situation,” he noted.
    If there is a second complaint a deputy may make contact with them and advise them a third violation can result in a citation, Mueller said. A letter will also be sent notifying them of the violation.
    In some situations, officers have also asked the County Attorney to send a letter advising violators the county will seek an injunction from the court to shut their well off.
    “This has only been done after multiple violations,” he said.
    Mueller reminds landowners the civil liability that could come from water on the road is notable.
    “If somebody were to drive through a spot where their sprinkler was watering the road and had an accident, they could be held responsible for any damages or injuries,” he said.
    Mueller added that damage to the road could also result in needed repairs, causing the county roads department to spend resources on those spots and takes them away from their normal maintenance.
    Mueller hopes that, with this reminder as the growing seasons peak, that landowners have a better understanding of why officers do what they do.
    “This not personal. It’s something we are required to do, and it is a violation of the law,” Mueller said.
    The sheriff added he prefers working together to fix the problem, rather than issuing citations.

Nebraska State Statute 39-302

Roads; sprinkler irrigation system; restrictions; violations; penalty.

    A sprinkler irrigation system which due to location or design diverts, or is capable of diverting, water onto or across a public road so as to saturate, wash or impair the maintenance, construction or passability of such public road or allows water to accumulate on the roadway or traveled surface of the public road shall be equipped with a device which will automatically shut off the end-gun of the irrigation system causing such diversion or accumulation of water.
    Any person who fails to comply with this section shall, upon conviction thereof, be guilty of a Class IV misdemeanor, except that section 39-301 shall be controlling with respect to mechanical malfunctions and normal weather conditions.