An MD couple has lost the fight to keep a berm on its Aldersyde-area property. Sharon and Brian McCaughan appeared in MD council chambers on Nov. 6 to appeal two stop orders against the dike they built without MD development permits to protect their property and business. On Nov. 26, they received the decision from the development appeal board, which indicated the berm must come down by Dec. 15. The berm was first built in 2005 and raised in 2013 after second-storey flooding caused about $500,000 in damage and wiped out most of their records. The McCaughans are hoping to have an on-site meeting and convince the MD to reconsider its decision. “Our lawyer is hoping we can have an on-site meeting with him, and someone from the MD, and then we walk the property and see if we can come to any kind of mutual agreement concerning it,” said Sharon McCaughan. “That will be our last chance, hope, at not having to tear it down.” Part of the risk for the McCaughans lies in the fact they didn’t take a government buy-out in 2013. It means there won’t be any assistance for them in the event of future flooding, she said. McCaughan said they are hoping, at minimum, for an extension to have the berm removed due to timing and cost of construction. Though the McCaughans own a construction company, most of their work is out of province and all of the business equipment is 36 hours away in Dawson City, Yukon, she said. It would cost about $20,000 to bring back two rock trucks and an excavator needed to remove the berm, she said. It would cost twice that to have someone else bring the equipment back, she said. And renting the equipment isn’t financially feasible either, she said. “Logistically we can’t even get this done,” said McCaughan. “Hopefully they’ll allow us to temporarily keep it here. It’s also winter, and trying to move dirt in the winter…” There are at lest 18 other property owners whose primary residences are similarly affected by flood mitigation work done in High River, she said. On the McCaughan property, flood scoping projects at least 16 feet of water in the event of a flood similar to 2013, she said. The McCaughans have started a state of claim of expropriation against the Province of Alberta and the Town of High River, and will now be adding the MD of Foothills to the claim in light of the appeal decision, she said. They’re looking for other landowners to join the fight. “Hopefully if a whole bunch of landowners get on board it would be taken seriously,” said McCaughan. “My one file, what’s going to happen? It’s going to get dragged on.” She said there are 93 landowners downstream of the work in High River. While the government hasn’t helped to-date, she said they’re hoping that getting a group of people together and taking legal action might get more attention. So far she has nine landowners willing to take on the fight. “The more of us who get together the better it is,” said McCaughan. After five years, she said they’re tired of waiting to be bailed out of their situation. Though it wasn’t foolproof, the berm had provided some sense of protection, she said. “It’s been so stressful living here with the flooding since 2005, and the dike gives us some peace of mind, and now that’s going to be gone,” said McCaughan. “I try not to think about it because it’s very stressful.” She said residents affected by High River flood mitigation can contact her via email at [email protected].
