Legal battles, safety concerns fuel controversy over low head dams in southern Indiana

FLOYD COUNTY, Ind. (WDRB) -- The issue of low head dams in Indiana, particularly in Floyd County, has sparked intense debate and legal battles.

While legislation addressing the matter is not specific to southern Indiana, two dams in Floyd County—the Blackiston Mill Dam and the Providence Mill Dam—have drawn significant attention.

The failure of the Blackiston Mill Dam has created serious structural concerns for a nearby bridge, further underscoring the urgency of the situation.

Indiana Rep. Ed Clere, R-Floyd County, expressed his frustration over the inaction regarding these dangerous structures.

"I wish it had been removed before there was a tragedy," Clere said. "The legislation isn’t just about New Albany, but there’s no question that what happened there underscored the need for it in a very tragic way."

Clere’s remarks reference the drowning of AJ Edwards last Memorial Day at the Providence Mill Dam. The push to remove the dam was already ongoing, but the city of New Albany had previously sued to keep it in place. Following Edwards’ death, New Albany Mayor Jeff Gahan ordered "emergency maintenance" on the dam.

Efforts to obtain financial records regarding the emergency maintenance have been met with silence. Despite an open records request submitted last August, Gahan has not disclosed the costs associated with the project, and the city attorney has failed to respond.

The Indiana Department of Natural Resources has taken legal action against New Albany, alleging that the city has obstructed court proceedings. According to DNR, the mayor and city attorney have consistently refused to comply with discovery requests and depositions. As a result, the DNR has filed for a default judgment, arguing that the emergency maintenance poses a significant risk to life and property, with potential for upstream flooding and downstream hazards.

Indiana is home to dozens of low head dams, which have been widely criticized for their dangers. Last fall, DNR successfully removed one such dam in Seymour. The newly proposed legislation, which has faced little opposition, aims to make it easier to remove privately-owned dams without requiring a state permit.

Clere highlighted the widespread agreement among engineers that low head dams are outdated and unsafe.

"I've heard a lot of questions about why there's such resistance to removing this dam. At this point, I think it's pretty well understood that low head dams are unsafe," he said. "I don’t think there’s any engineer in America who would design such a structure today and put their stamp on it."

Adding to the city's legal troubles, the Army Corps of Engineers has ordered Gahan and the city to restore the affected area. The city has been given until June 23 of this year to submit its restoration plans. If the city fails to respond adequately, the Corps has indicated that it may escalate the issue to the U.S. Attorney’s Office.

As the legal battles continue and legislative changes move forward, the fate of Indiana’s low head dams—and the safety of those living near them—remains a contentious and evolving issue.

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