Judge to hear oral arguments this month on low-head dam in Southern Indiana

Floyd Superior Court 3 Judge Maria Granger will hear arguments this month as part of the latest in a three-year challenge to remove the Providence Mill Dam, also known as the Glenwood Park Dam, in Silver Creek.

It comes two months after 14-year-old Andre “AJ” Edwards drowned there , and amid continued disagreement between the city and a local conservancy on the best future for the dam.

River Heritage Conservancy, which oversees plans for Origin Park , wants to remove the dam to make the creek safer. An RHC contractor was previously granted a permit for removal.

The city of New Albany has challenged that approach at the state and local levels , citing historical, recreational and ecological concerns. New Albany Mayor Jeff Gahan said he wants to modify the dam rather than remove it.

Background to the dispute

In 2021, EcoSystems Connections Institute, LLC — which was hired by RHC — secured a permit from the Indiana Department of Natural Resources to remove the 6-foot-tall, more than century-old dam near Providence Way in Silver Creek. The more than $250,000 cost to remove the dam is funded through a series of grants .

Soon after, the City of New Albany filed a petition for administrative review with the Indiana Natural Resources Commission. They challenged in part whether the permit complies with Indiana’s Flood Control Act.

Last year, an administrative law judge found the permit complies with state statute , which was later upheld by a committee with the NRC.

Following that decision, the city filed two lawsuits in Floyd County. The first, which asked the judge to block the dam’s removal , was dismissed last week.

The second, which will be heard later this month, argued the administrative law judge erred in her findings and final decision, and that ECI didn’t have authority for the permit.

The filing also said the judge erred in striking the testimony of city engineer Larry Summers.

Impact of Edwards’ death

Edwards’ death sparked more urgency for some community members and officials, and his family has continued to call for the full removal of the dam.

“What are you going to do when the next person drowns?” Edwards’ grandmother, Judy Clark, asked the New Albany City Council earlier this month.

The Floyd County Commissioners also issued a statement in June calling for New Albany to stop challenging the removal and allow the dam to be taken out. The Clarksville Town Council recently reaffirmed support to remove the dam .

Recent developments

New Albany Mayor Gahan recently reiterated alternatives to full removal . He proposed a rock ramp modification he said would make the area safer while preserving some of the dam’s characteristics.

“The Glenwood Park Dam is an important piece of infrastructure and it has been for over 100 years,” Gahan told LPM News last week. “We’ve outlined a solution to make the dam safer and we intend to pursue that option.”

Summers, the city engineer, presented the New Albany council with preliminary information on the suggested modification last week. He said it would eliminate the hydraulic roller that can be deadly at low-head dams . He said it would also allow for 340 days per year of recreation, compared to 130 if it’s removed.

Some at the meeting contested those totals, saying the creek is drier in the summer as is. Others also spoke against removing the dam.

Summers said the renovation project is estimated to cost $500,000-$700,000, which he said has “already been planned for and accounted for” as the third phase of Silver Creek Landing , a New Albany-funded project that includes a kayak launch and access point near the dam.

Summers said it could take two-and-a-half years to complete the dam modification, which includes up to two years for the permitting process.

The city previously applied for a permit to modify the dam. That was denied in November, Summers said at the meeting, due to “deficiencies in the application.” He said the city plans to reapply and continue pursuing the modification.

City officials haven’t made clear whether they will go through with modifications without conversations with RHC.

Gahan said he thinks the organization would be on board if they saw the plans.

“I can’t help but think they’ll change their mind,” he said in an interview.

In a statement last week, RHC highlighted information from the state’s denial of New Albany’s permit for modification showing that the state found that “as proposed the project will result in unreasonably detrimental impacts to fish, wildlife and botanical resources.”

Vern Eswine, a spokesperson for RHC, told LPM News this week they’re still pushing for a full removal.

“Absolutely. Low-head dams are dangerous. It’s been proven over and and over and over again, so yes, it is our intent,” he said. “That’s the best solution financially for the city as well as for the public.”

Eswine said while the proposed modification could improve safety, it creates other issues and brings problems with navigability.

“What we’re looking at is expediting and creating the safest way to be in that water and that's removal of the dam,” he said. “There is no other option for us at this point.”

Council actions

The council approved up to $10,000 for safety signage around the dam at its July 1 meeting. Members also passed a nonbinding resolution recommending the city, RHC and ECI meet and “implement an immediate plan for the removal and/or safety mitigation” of the Providence Mill Dam. It also calls for officials to address the Blackiston Mill low-head dam on another part of the creek.

That was amended from a previous resolution brought by Republican council members Scott Blair and Stefanie Griffith, who called for removal.

The two voted against the changed resolution. Blair said he thinks the city should focus on other things.

“It's $500,000-$700,000 just for this conversion, plus…we're going to have more legal fees in this,” he said. “At what point do you say that enough's enough, and get out from underneath it?”

Coverage of Southern Indiana is funded, in part, by Samtec Inc., the Hazel & Walter T. Bales Foundation, and the Caesars Foundation of Floyd County.

Correction: A previous version of this story incorrectly listed the cost for removing the dam.