Agreement is reached to remove dam

BENTONVILLE — An agreement has been reached that would allow the city of Bentonville to remove the Lake Bella Vista dam.

The city and Cooper Realty Investments reached an agreement to end the legal battle over the dam, according to court documents.

The settlement agreement is on the agenda for the Bentonville City Council meeting that starts at 6 p.m. today.

Bonnie Bridges, an associate staff attorney for the city, said the agreement came after the parties went to mediation. She said it wasn’t a difficult mediation and the agreement will benefit Bentonville and Bella Vista residents.

Cooper Realty conveyed the Lake Bella Vista property to the Trailblazers Association by limited warranty deed on Feb. 10, 2000.

The association conveyed the property to Bentonville on Nov. 1, 2006, by special warranty deed, according to court documents. The city included Lake Bella Vista in its parks system.

Bentonville filed a lawsuit in May 2019 against Cooper Realty Investments and the Bentonville/Bella Vista Trailblazers Association. The lawsuit asked a judge to decide what rights the city had regarding the property and whether any agreements limit the city in rebuilding or removing the dam.

Some groups had asked the city to consider eliminating the dam to return Little Sugar Creek to a naturally flowing stream. Cooper Realty representatives objected to that idea, arguing the conveyance of the property to the Trailblazers — and later to the city — was conditioned on the dam being maintained.

Benton County Circuit Judge John Scott ruled in August 2020 that Bentonville had the authority to rebuild or remove the dam under the agreement the city had with the Trailblazers.

In April 2022, however, the Arkansas Court of Appeals reversed Scott’s ruling and sent the case back to him to further decide disputed questions about the validity and enforceability of the contract between the city and Cooper Realty.

The agreement reached recently between the city and Cooper would allow the city to remove the dam. The parties agreed that without the dam, there is no method available to the city to stop flooding and the city shall, at its own expense, transform the property into an environmentally friendly, aesthetically pleasing and financially sustainable public park, according to the agreement.

The city has appropriated money to begin transforming the property while recognizing and honoring the lake’s history, according to the agreement.

The city agrees to construct, then maintain the park at its own expense for public recreational use, according to the agreement. The city will name the park Lake Bella Vista Park and the city will relocate and maintain the various memorial benches currently located around the lake, according to the agreement.

Cooper Realty is granted the authority to erect a plaque, sign or other memorial item at the park recognizing the Cooper family’s gift of the property to the city for public use, the agreement states.

The parties also agreed to procedures to resolve all disputes.

Lake Bella Vista Park is 135 acres. The lake is formed by a dam on Little Sugar Creek.

The dam was damaged by flooding in 2008. It was topped by flooding again in 2011, 2013 and 2015. Floodwater washed out part of the dam on April 28, 2021.

In September 2021, the Bentonville City Council approved a resolution to remove the dam and allow Little Sugar Creek to become a free-flowing stream. The vote was 6-1. Council member Bill Burckart was the lone vote against the resolution.

Josh Stacey, recreation services manager with the Bentonville Parks and Recreation Department, said the paved loop around Lake Bella Vista remains closed. The north end where the dam is located is not accessible.

There is a temporary bridge crossing at the lake’s south end. The park’s playground equipment has been removed, but new equipment and restrooms will go in next year, he said.

David Wright, Bentonville parks and recreation director, said in September 2021 the anticipated cost for dam removal and stream bank repairs ranged from $300,000 to $500,000, plus design fees and permitting.