Petition / Demand for Remediation and Compensation for Basement Flooding Damage

Dear Mayor Michael Schmidt, City Commissioner Anne Cleary, City Commissioner Michael Connelly, City Commissioner John Risch, City Commissioner Greg Zenker, and Michael Mart-Director of Utility Operations Public Works :

We, the undersigned residents and property owners of Bismarck, hereby formally petition the City of Bismarck (the “City”) to take corrective action and compensate homeowners for damage to basements and property caused by the City’s decision to redirect wastewater flows from the 26th Street Lift Station into a backup forcemain system discharging into neighborhoods along Michigan Avenue and adjacent areas.

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Background and Factual Basis

1. On the night of July 20–21, 2025, Bismarck received more than 2.5 inches of rain in a short time. (KFYR, July 22, 2025)

2. Many homeowners in South Bismarck experienced significant basement flooding and sewer backups.

3. Affected residents were told by City employees that the flooding was caused by wastewater being redirected from the 26th Street Lift Station into a backup forcemain discharging into Michigan Avenue.

4. Public Works further admitted that they had “never experienced a short rainfall with such high intensity before while using the backup forcemain.”

5. Once construction along Airport Road is completed, the system will revert to its original forcemain, indicating that the July flooding was uniquely tied to this temporary redirection.

6. Because homeowners’ insurance typically excludes sewer backups, many families are left to bear the full cost of cleanup and repair.

 

These facts demonstrate that the flooding was not simply the result of rainfall, but of City infrastructure decisions that diverted wastewater into vulnerable areas.

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Legal Basis and Grounds for Compensation

Duty of care: The City has a responsibility to manage its wastewater and stormwater systems in a way that does not impose harm on private property.

Negligence and mismanagement: By rerouting wastewater into an inadequate forcemain during a season when heavy rainfall is common, the City failed to exercise reasonable care.

Inverse condemnation: The City’s decision effectively used private property basements as unintended storage for wastewater, constituting a compensable taking.

Public nuisance: Flooding private property with redirected sewage is a classic form of nuisance, entitling affected residents to relief.

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Rebuttal to the City’s Denial of Claims

The North Dakota Insurance Reserve Fund (NDIRF), on behalf of the City, denied liability, asserting that the July 20, 2025 backup was caused solely by an “extraordinary rain event.” This conclusion ignores key evidence.

1. Rainfall Alone Did Not Cause the Damage

On September 14, 2025, Bismarck recorded 2.44 inches of rain in a single storm — its wettest September day in 31 years (Weather.com, Sept. 15, 2025).

While streets flooded, none of the July-affected homes experienced sewer backups during this event.

This proves that rainfall alone does not cause basement sewage backups; it was the City’s redirection of wastewater in July that triggered the damage.

2. City Acknowledged Infrastructure Limits

In August 2024, after nearly 4 inches of rainfall in Bismarck, Public Works Director Michelle Klose admitted: “This system is designed to handle a certain rain intensity. When the rain has a greater intensity, this causes an overload to the system and the roadways become the conduit to move stormwater.” (KFYR, Aug. 2024)

This shows the City was aware that its system has thresholds, and therefore should have planned for those risks before rerouting wastewater into a more vulnerable backup system.

3. City Admissions on the Backup Forcemain

City staff told residents the July flooding occurred because of the temporary redirection into the Michigan Avenue forcemain.

Public Works admitted this was the first time such intense rainfall was experienced while using that backup line.

These admissions confirm that the backup system was not equipped to handle foreseeable storm conditions.

4. Foreseeability of Heavy Rainfall Events

Regional data shows North Dakota frequently experiences multi-inch rainfalls over short periods (US103.3, 2025).

Given this climate pattern, it was entirely foreseeable that heavy rainfall could coincide with wastewater rerouting. The City had a duty to account for that risk.

5. Legal Consequences

Liability here does not depend only on whether a “defect” existed in a pipe, as the denial letter suggests.

The City’s operational decision to redirect wastewater into a forcemain that could not handle combined storm and sanitary loads created a foreseeable hazard, resulting in damages.

Conclusion of Rebuttal:
The July 2025 damage was not caused solely by rainfall. It was caused by the City’s temporary redirection of wastewater into an inadequate system. Subsequent rainfall events prove that basements do not flood from rain alone, and City officials’ own statements acknowledge system limits and the role of the rerouting.

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Damage and Scope

We request the City:

1. Fund full restoration of damaged basements, including cleanup, mold remediation, and replacement of damaged materials.

2. Compensate for loss of personal property and temporary relocation costs.

3. Commission an independent engineering study to evaluate sewer capacity and future safeguards.

4. Adopt policies ensuring future construction rerouting does not impose flooding risk on neighborhoods.

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Demand

We respectfully demand that the City:

Reopen claims and acknowledge its responsibility.

Meet with affected homeowners to negotiate fair settlements.

Approve a funding mechanism for repairs and compensation.

If no satisfactory resolution is provided within 30 days, we will pursue all available legal remedies, including litigation and potential class action on behalf of all affected homeowners.

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Supporting Evidence

Claim denial letter from NDIRF (Sept. 18, 2025)

News coverage of July 2025 flooding and City admissions (KFYR, July 22, 2025)

Rainfall reports showing comparably heavy storms without backups (Weather.com, Sept. 2025)

Historical reports of system overloads (KFYR, Aug. 2024; US103.3, 2025)

Photographs, invoices, and sworn statements from affected residents.

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We are not seeking to unfairly burden the City. We only ask for fairness: that those harmed by City infrastructure decisions be restored and compensated.

Sincerely,

Residents of South Bismarck near Michigan Avenue and adjacent areas