PERU — Who has jurisdiction over six dams located in the Hidden Hills housing addition just north of Peru, the Indiana Department of Natural Resources or the people who own the land?
It’s a question with a lot riding on it — more than $1.5 million, in fact.
In September, the DNR sent letters to around 20 homeowners saying they owned a portion of the dams, which officials said were deteriorating and could pose a serious risk to homeowners downstream if they were to break.
The DNR says the dams, which were installed before the housing addition was built to turn the natural gullies in the area into man-made lakes, were never permitted or inspected.
Officials say they need repaired and the land owners are the ones who have to foot the bill. And what a bill it would be.
Larry West, a Miami County commissioner who owns a portion of one of the dams, said three engineers hired by land owners estimated it would cost $250,000 for each structure to be brought up to DNR standards.
Dam owners also would have to shell out another $5,000 per dam every two years for annual inspections required by the DNR.
Some owners including West contend the state doesn’t have the right to require the repairs or the inspection in the first place. After looking at topographical maps, GPS altitude measurements and talking to the county surveyor, he said the dam he owns a portion of isn’t nearly big enough to bring it under the authority of the DNR.
Phil Bloom, communications director for the DNR, said department officials have measured the dams using a light-laser mapping system called LADAR, and all six are tall enough to give the DNR jurisdiction over them.
But West said he has yet to see any kind of report that officially documents the dams meet the conditions laid out in state law. Instead, he said it’s been left up to the land owners to fact check the DNR’s claims.
Still, the DNR maintains it has jurisdiction over the six dams and could sue land owners if they don’t take the necessary steps to begin repairs. Bloom said the DNR tries to avoid taking legal action.
Dam owners do a have a tentative game plan if they are eventually required to pay millions to fix and maintain the structures, West said.
Land owners likely would create a state conservancy district, which would allow them to implement a new property tax on district members that would pay for dam maintenance.
Miami County also has an interest in the answer to the dam question. The county maintains roads that run over four of the structures, and could be required to help pay for repairs.
In the end, Bloom said it’s not just a question of who has jurisdiction over the structures. It’s ultimately about protecting homeowners who might be harmed if the dams were to fail.
“This is about safety,” he said. “That’s the department’s sole concern for the present condition of the dams and the future integrity of these structures with respect to their potential impact to downstream lives and property.”
Indiana code says the DNR doesn't have jurisdiction over a dam if it meets the following conditions: (1) (A) Is built for the sole purpose of erosion control, watering livestock, recreation, or providing a haven or refuge for fish or wildlife. (B) Has a drainage area above the dam of not more than one square mile. (C) Does not exceed twenty feet in height. (D) Does not impound a volume of more than one hundred acre-feet of water. (2) A structure that is regulated under the federal Mine Safety and Health Act of 1977, unless the structure is proposed to be retained as a permanent structure after bond release.