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Sunday, July 06, 2008

Ind. Decisions - "Dams continue to age, but money to fix them in compliance with state standards is scarce"

The Court of Appeals decision June 30th (see ILB entry here) in the case of Indiana Department of Natural Resources and State of Indiana v. Lake George Cottagers Association is part of the focus today in a lengthy and comprehensive story by Ron Shawgo of the Fort Wayne Journal Gazette on maintaining Indiana dams - he writes about "the difficulty many dam owners face: Their dams continue to age, but money to fix them in compliance with state standards is scarce." A few more quotes:

After 12 years and a legal challenge to funding efforts, Hamilton officials are still seeking money to fix Hamilton Lake’s two dams. The state has agreed to pay 90 percent of the cost, and the town’s share could be determined this month, Town Manager Milton Otero said.

Hamilton is only one local community grappling with the problem.

In other moves addressing expensive dam repairs, a Lake George cottage owners association filed a lawsuit denying ownership of the Steuben County lake’s dam, and a homeowners association in Allen County claims its dam’s dimensions take it out of the state’s jurisdiction and stringent maintenance standards.

All three are considered high-hazard dams, meaning loss of life is possible if they fail.

There are 32 high-hazard or significant-hazard dams – those that could cause property loss or interrupt public utilities if breached – in northeast Indiana. * * *

Ownership is at the heart of a lawsuit filed by the Lake George Cottagers Association, which argued the state, not the association, owned the lake’s dam. In 2006, a study estimated that, depending on the severity of problems found, work on the dam could cost between $222,000 and $3.4 million. The dam, built in 1927, is rated conditionally poor.

The association won a trial court ruling, but last week the Indiana Court of Appeals overturned that decision and ruled for the state. A decision whether to appeal to the state Supreme Court has not been made, said Joy Kent, president of the association.

The association, she said, exists on the voluntary donations of lake homeowners, of which about 75 percent contribute. Kent was unsure how much the association has spent on legal fees. As for dam repairs, she believes no major fixes are needed. Still, talk of millions of dollars has her and other homeowners a bit edgy, she said.

“That’s what’s so scary about this whole thing,” Kent said.

Posted by Marcia Oddi on July 6, 2008 10:30 AM
Posted to Environment | Ind. App.Ct. Decisions | Indiana Government