City and DNR Settle Lawsuit
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Settlement Acknowledges Mayor’s Actions Were Taken to Protect Public Safety
Mayor Jeff Gahan and the Indiana Department of Natural Resources (DNR) have reached a comprehensive agreement resolving all outstanding legal matters surrounding the Glenwood Park Dam and establishing a collaborative path forward to improve safe access to Silver Creek.
“I knew from the start that we were doing the right thing to protect public safety by initiating our emergency maintenance at the historic Glenwood Park Dam, and this agreement proves it,” stated Mayor Jeff Gahan. “Now that this matter is behind us, we can focus on our new addition to Silver Creek that will improve recreation, fishing, and the ecosystem for decades to come. As this project comes to life, I can’t wait to share more with the public — you’re going to love it!”
In December of 2022, the New Albany City Council unanimously passed a resolution (9-0) asking for all parties to meet and have discussions before removal of the historic dam. The City of New Albany has tried multiple times to initiate discussions with Origin Park and River Heritage Officials to discuss these important issues, but they have declined, including repeated recent requests to do so this year.
“We have been trying for years to improve our natural waterways, and with this agreement, I can happily report that we have achieved that,” Mayor Gahan said. “I want to thank our City Council members for their continued support for our natural resources and assets.”
The agreement follows last year’s tragic drowning of a young man who became trapped in a dangerous hydraulic roller in Silver Creek, a recirculating current often formed near low-head dams. In response, Mayor Gahan ordered emergency maintenance to restore the dam to its original condition by adding shot rock to eliminate the hazardous hydraulic rollers. The action was successful and removed the immediate safety risk to swimmers and recreational users.
The Agreement acknowledged that Mayor Gahan’s emergency order was issued with the intent to protect public safety, which it did.
Conditions at Silver Creek Landing and the historic Glenwood Park Dam have changed drastically since the collapse of the Blackiston Mill Dam up creek. The failure of that dam has severely reduced the summer pool to a trickle. Now that only the Glenwood Park Dam exists, the City has been pursuing an alternative feature to support fish, wildlife, and recreation in Silver Creek, as well as support the nearly $4.5 million in infrastructure and additions at the Landing, neighborhood trails, and connections to the Ohio River Greenway.
This week, the City of New Albany and DNR finalized a global settlement regarding the Glenwood Park Dam. Under the agreement:
The City will allow ECI, when water conditions are safe to enter, to remove the Glenwood Park Dam.
The City will temporarily relocate materials from the emergency maintenance project for use in a future water feature.
The City will be filing a permit for a rock riffle (Rock Arch Rapids-style) structure like others approved throughout the State.
The City and DNR will work together in good-faith through the permitting process on the rock-riffle application for Silver Creek enhancements.
These modern features significantly increase waterway safety while creating an attractive, naturalized environment suitable for swimming, wading, kayaking, and fishing.
“We are happy that DNR has agreed to work with us as we implement a safe, attractive addition to Silver Creek,” stated Mayor Gahan.
All litigation regarding this matter will be dismissed.
Additional design work and public updates will be shared as the rock-riffle project moves into its next phase.
