City of New Albany files lawsuit to stop removal of dam on Silver Creek

LOUISVILLE, Ky. (WDRB) -- The battle over a dam that could be considered dangerous in southern Indiana is heading back to the courtroom.

The city of New Albany filed a lawsuit to prevent the removal of Glenwood Park dam, also known as Providence Mill dam.

The dam is located right near the entrance to Silver Creek Landing, a ramp that allows people with canoes, kayaks, paddleboards and more to launch into the water.

The chilly weather didn't keep visitors away in mid-November, even though the water is low. Kevin Duchon took his young son to the park last week.

"We snuck out of daycare a little early and I asked him where he wanted to go, and he said the stair park," Duchon said.

When standing on the ramp, if you look to the left, you can see the dam. It's 290-foot-long across Silver Creek and six feet high, according to the state permit.

The dam is visible when water levels are low, often creating a drop that could entrap canoers, kayakers or anyone else on the water. The Providence Mill dam is a low-head dam, the type of structure that the National Weather Service says can be known known as a "drowning machine".

In 2021, WDRB News reported ecologists were concerned about possible safety issues when the water is low enough.

The River Heritage Conservancy has pushed for its removal. The nonprofit leading the project behind Origin Park is working on a 430-acre riverfront park in Clarksville, which includes bike and walking paths, and more water access.

RHC had previously obtained a state permit to remove the dam, but the city of New Albany appealed. There have been more legal battles since, and last week, the city filed a lawsuit in Floyd Superior Court.

In a statement released online, Mayor Jeff Gahan argues the dam provides flood protection, water supply for fish and wildlife and adds that the removal would impact water recreation and New Albany's own plans for the area.

"We will protect the functional, recreational, and historical value of this site," Gahan said. "Removing this dam can harm the functions that it currently serves, including providing water supply during times of drought and flood protection during periods of heavy rain. It will also hurt the recreation provided by the dam, reducing the number of days suitable for fishing, kayaking, and swimming.

"And finally, removal of the dam will hurt the historical value of the site, erasing the history of the people who used and still use this site today. The people of New Albany deserve to have input before a local site is destroyed by out-of-county entities."

The lawsuit also calls for clarity on who actually owns the dam.

A spokesperson for River Heritage Conservancy told WDRB News the nonprofit is not commenting at this time. He said RHC is focused on the next phase of the project, including an event space that looks over the Ohio River.

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