By Deb Patterson
InkFreeNews

WARSAW — Despite rulings by Kosciusko County Circuit Court and the Indiana Court of Appeals the Indiana Department of Natural Resources is responsible for repairs and modifications to the North Webster Dam, it still refuses to take responsibility as alleged in the complaint recently filed.

Because of their failure to uphold an April 11, 1996, agreement, the Webster Lake Conservation Association Inc., has filed a complaint asking the court for a mandatory injunction requiring the DNR to perform its obligation.

A complaint was filed against the DNR March 16, in Kosciusko Circuit Court.

In the document it states April 11, 1996, Webster Lake Conservation Association Inc., and the DNR entered into an agreement regarding the maintenance and repair of the outlet control structure, which maintains the legal lake level of Webster Lake. The agreement stated the DNR has the responsibility of overseeing the operation of the control structure and responsibility for the maintenance of the water levels in accordance with state statute. The association is only responsible for maintaining the lake level as near as possible to the legally established average normal level by opening and closing the gates, keeping records of such actions as well as a roster of names, addresses and phone numbers of the designated operators.

The complaint addresses:

• The association “demanding” the DNR to undertake repairs of the control device as suggested in the 2009 and 2017 inspections Aug. 27, 2018.
• Court action instituted by the association in 2019 against the DNR, which resulted in a determination by the court the 1996 agreement was binding on the DNR and had not been terminated. That decision was affirmed by the Indiana Court of Appeals Sept. 3, 2020.
• The DNR issued a notice May 6, 2021, that it (the DNR) was withdrawing from the 1996 agreement. Then June 29, 2021, the DNR sent a letter demanding the association comply with the statutes regarding inspection, maintenance and repair of the dam and the association’s response July 14, 2021, demanded the DNR comply with the 1996 agreement.
• The complaint notes in 2009, 2011 and 2017, the DNR, through the Division of Dams, conducted investigations and inspections of the dam which revealed deficiencies and the DNR has failed to make repairs and modifications to the dam in accordance with the inspection report.

It is also noted Jan. 17, 2022, another demand was made to the DNR to undertake repairs in accordance with the inspections.