NEW ALBANY, Ind. (WDRB) -- The U.S. Army Corps of Engineers and the Indiana Department of Natural Resources have ordered the city of New Albany to stay away from the dam on Silver Creek.

This week, an Indiana court has also ordered the city to steer clear. 

The court order is a temporary injunction from Floyd County Superior Court, ordering the city of New Albany and Mayor Jeff Gahan to stay away from the dam on Silver Creek. The state is seeking a permanent injunction, with a hearing set for February of 2025.  

Dale Jenks and his partner, Jenny Hall, spent the better part of Wednesday afternoon lounging near the creek. He has grown to like the dam as is, with the rock that the state and the feds say was illegally dumped.

“I have thought about it and it kind of seems like it is going to work, ya know, it's better than taking the dam out,” said Jenks. 

In August, Gahan issued an executive order declaring a state of emergency. This is the same area where 14-year-old AJ Edwards drowned on Memorial Day.

Gahan then proceeded to order tons of rocks to be dumped into Silver Creek next to the dam. The city didn't have the proper permits, and the rock dumping incident drew the ire of both the DNR and the Corps of Engineers. 

“Probably it seems like if you have the state and the feds both on ya, maybe you should have checked some boxes before you did something,” said Hall. 

The Indiana Department of Natural Resources issued a citation to Gahan, ordering him to appear in court. The Corps of Engineers gave him and the city 30 days to develop a plan to remove the rocks and restore the area, but the city failed to submit a plan.

"The City’s response will determine the next steps to resolve this violation, which may include referring the matter to the U.S. Attorney," the corps said in a statement to WDRB Wednesday afternoon.

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