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A bench trial held Tuesday in Kosciusko Circuit Court centered on a years-long dispute between the Webster Lake Conservation Association and the Indiana Department of Natural Resources over who is responsible for repairs to the Webster Lake Dam.
Attorneys for both sides presented arguments and testimony before Judge Mike Reed, focusing on the interpretation of a 1996 agreement governing maintenance of the embankment dam's “outlet control structure” and the extent of each party's obligations.
WLCA Testimony
Representing the WLCA, Syracuse attorney Steve Snyder argued the DNR has failed to meet its responsibilities under the agreement, despite prior court rulings affirming its validity. Snyder said the dam has multiple deficiencies, including a deteriorating spillway, insufficient discharge capacity and structural issues identified in past inspections.
"The spillway was deteriorating, the apron slab was deteriorating and the spillway also had a lack of capacity," Snyder said, adding previous repairs completed by the DNR in 2011 and 2012 were inadequate.
The association is seeking a mandatory injunction requiring the DNR to complete corrective work to bring the dam into compliance with state standards. Testimony indicated that could include significant upgrades, including increasing discharge capacity and reconstructing portions of the structure.
Expert witness Jordan Thole, a senior water resources engineer at Wisconsin-based SEH, testified the dam is classified as a high-hazard structure, meaning failure could likely result in loss of life. He also said current discharge capacity is far below what would be required to safely handle major flood events.
According to Thole, the dam would need to handle flows far greater than its current capacity, and past inspections dating back to at least 2006 have noted shortcomings in spillway performance.
Thole estimated repairs to key components could cost between $5.2 million to $5.4 million, though he said additional engineering studies would be needed to determine a final design.
Testimony from WLCA President Mike Wyrick noted the nonprofit's limited resources and reliance on volunteers. Wyrick said the association's role has historically focused on adjusting gates to maintain lake levels, while structural maintenance was expected to fall on the DNR under the 1996 agreement.
DNR Testimony
On the defense side, attorney Andrea Rahman argued the DNR's responsibility is more limited. She contended the term used in the 1996 agreement - “outlet control structures” - applies only to the dam's gates and concrete spillways, not the entire dam, and that broader dam safety obligations fall under separate statutes that place responsibility on property owners.
DNR Division of Water Director David Knipe testified that outlet control structures include features such as gates and concrete spillways used to regulate water levels. He said the agency's role is tied to maintaining lake levels, while overall dam safety involves additional considerations.
Another defense expert, Director of Engineering Aaron Fricke, of Christopher B. Burke Engineering LLC, acknowledged deficiencies in spillway capacity but said the existing structures are generally sufficient to manage lake levels, though not necessarily for meeting dam safety standards.
A central issue throughout the trial was whether responsibilities for lake level control and overall dam safety can be separated. Though Thole said the functions were inseparable at Webster Lake, Fricke and Knipe said they are connected but distinct under the 1996 contract.
Conclusion
Reed expressed uncertainty at the conclusion of testimony. He pointed out both sides agreed additional studies are needed before the full scope of repairs can be determined.
"What am I supposed to decide today?" Reed asked from the bench, adding that interpretation of the contract is key before assigning responsibility.
Reed took the case under advisement and ordered both parties to submit post-trial briefs by May 25. He said a ruling with findings and conclusions is expected by June 25.
