City of New Albany Indiana v. River Heritage Conservancy, Inc., et al.

── City of New Albany Indiana v. River Heritage Conservancy, Inc., et al. ── Case No.: 24A-PL-02152 Court: Indiana Court of Appeals Date: August 28, 2025 Author: Judge Cale Bradford County of Origin: Floyd Category: Civil Decision: Affirmed Judge Pyle and Judge Kenworthy concur The Dam is a “low-head dam” located on Silver Creek. Appellees’ App. Vol. II p. 31.1 A low-head dam is “a manmade in-channel structure in a watercourse that is capable of generating hazardous recirculating currents that pose a risk to public health and safety and causes the watercourse to have a vertical drop of twenty-five (25) feet or less.” Ind. Code § 14-27-7.3-2. “Silver Creek is a tributary to the Ohio River in south-central Indiana and flows in a southerly direction between [the City] and Clarksville.” Appellees’ App. Vol. II p. 32.