Located on the Indiana side of the lake is a small dam which was constructed in the 1930's.   This dam controls the level of Lake George. Many years ago the level of the lake was raised and lowered seasonally to allow cottage owners to clean and clear their beachfronts and seawalls. In the 1947 the Indiana Department of Conservation (predecessor agency to the DNR) established a minimum water level for the lake. A marker has been affixed to the dam indicating the required "normal" level of the lake to be 985.28 feet above sea level and allowing for a 0.5 ft "high" water level variation. 

The ownership of the dam is in question. The DNR has declared the dam to be the property of the Cottage Owners Association.  Interestingly, the State has constructed a road over the top of the dam confusing the question of ownership. 

Because the dam has been classified as a "hi risk" dam by the Army Corps of Engineers, the State (in this case Steuben County authorities) require its condition to be ascertained at least once every two years. The owner(s) of the dam are responsible for the biannual surveys and to maintain the dam in a safe condition.  Because of the confusion relating to ownership, the cottage owners association decided to take a proactive position and file a lawsuit against the DNR to force a decision on the ownership. 

Confusing the matter, a court decision was issued several years ago that the State controls the water over the land but not the land below the water. The DNR requires the dam to be in a condition to withstand a catastrophic event (defined as 31 inches of rainfall in a 24 hour period).  If the dam would break, downstream flooding could endanger people living downstream, damage any nearby downstream dwellings and possibly erode the area adjacent to the E-W Toll Road making it impassable. The DNR maintains the people have misconstrued the decision and the people actually own the land under the water and thus, are the responsible parties for the maintenance and upkeep of the dam.

Thus, the issue at this time is who owns the dam and who will have to maintain and repair it should its condition require same.  The last biannual  inspection was paid for by the Association at a cost of over $8000.  Replacement of the bridge could cost as much as $2 million - according to various State authorities.

To reach some conclusion, the Directors of the Cottage Owners Association filed suit against the DNR of the State of Indiana to settle - once and for all - who owns the dam.  The suit was heard in Steuben County in June 2007 and the Judge issued his findings that the Cottagers Association did not own the land. The DNR did not agree with these findings and appealed the case.  Their reasons for disagreement were presented to the Indiana Court of Appeals and the Cottagers Association attorneys responded to the brief presented by the appellants.  Next, the Indiana Court of Appeals will decide if their is a need for oral arguments.  Then the Appeals Court will issue their decision. 

"Stay  tuned for more info as it becomes available".

The Dam Decision given by the Steuben County Court may be read by clicking on the following link:  DecisionComplete

A summary of this case to be held in the Appellate Court may be read at: http://www.in.gov/judiciary/appeals/mapapp/docs/glance/dnr-lakegeorge.pdf
 

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