Corps studying Beaver Lake land acquisition to control flooding

ROGERS — The Army Corps of Engineers is conducting a study that could lead to the acquisition of property along Beaver Lake’s shoreline to address flooding concerns, and not all property owners are thrilled with the idea.

About 500 property owners would be affected, according to a Corps news release.

The Corps announced in the spring that it was assessing the impact of frequent flooding along the public-private shared boundary on Beaver Lake. The Corps held a public comment period from May 11 to June 10, providing landowners and the public an opportunity to discuss options — including potential land acquisition — or to suggest alternatives for addressing the flooding of private land, according to a Corps news release.

“This is not a land grab,” said Jay Townsend, Corps chief of public affairs. “This is an opportunity to use the Beaver Lake shoreline as it was intended.”

The goal is to acquire as much shoreline as possible between 1,128 feet and 1,135 feet to help resolve flooding issues, he said.

“The long-term goal is to secure that land to operate the reservoir as it is supposed to be,” he said.

Dennis and Vicki Boyer own and operate War Eagle Cavern on Beaver Lake. Devil’s Gap cove is one of the low-lying areas the Corps is looking to acquire, they said. They don’t yet know if this will include the mouth of War Eagle Cavern.

“If it does, then that will certainly affect our business,” they wrote in an email. “The corps has not provided any answer to that. They said they won’t know for sure until an official survey is done.”

The Boyers said they have been in touch with the Corps office in Rogers, and officials haven’t been able to provide a time frame or other details. They have discussed their concerns with local officials and state representatives.

“We do not think that this land acquisition is necessary,” they wrote in an email to the Northwest Arkansas Democrat-Gazette. “Flood control is certainly important, especially for the Beaver Lake tailwaters beneath the dam. However, we do not think that the corps needs to acquire more land to accomplish this, and many other landowners agree.

“The corps has been raising the level of Beaver Lake past 1,128 feet for years. Every landowner we have spoken to would rather deal with a couple extra feet of water than have to surrender acres of land. This would potentially mean that people would have to alter or remove existing structures, would no longer be able to maintain that land and could not keep trespassers out. Furthermore, losing land in proximity to the lake could affect the value of remaining land.”

Ken Farmer, a Benton County justice of the peace, said the most affected area in his district would be the Beaver Shores area along Lakeshore Drive.

“It looks to me like this property should have been part of the initial buyout when the lake was built,” Farmer said. “I believe the property owners should be able to decide whether to sell to the Corps of Engineers.”

THE ORIGINAL PLAN

The Flood Control Act of 1954 authorized construction of the lake for flood control, hydroelectric power and other purposes. The lake was completed in 1966.

A real estate design memorandum was developed before construction, identifying land and interests necessary for the operation, maintenance and control of the reservoir. The methods and technology used to identify and purchase the land at the time left several frequently flooded areas unacquired by the Corps. The resulting federal government boundary around the lake is uneven and at various elevations, according to the Corps.

The plan when land originally was acquired for Beaver Lake in the 1950s was to buy property around the inundation area up to elevation 1,128 mean sea level, according to the Corps, which oversees all operations of Beaver Lake.

However, money and resources limited the government’s ability to do that.

Now, the Corps has received money to study the flooding problem, formulate alternatives and, if approved, begin acquiring some of the low-lying areas, according to a Corps news release.

The Corps received an initial $1.7 million for the study. The money came in the federal fiscal year 2020. Money remaining after the study can be used for potential acquisition, Townsend said. The plan is to acquire as much identified land as possible if the project is approved, he said.

The Corps is reviewing site-specific data at areas around the lake, the White River and War Eagle Creek where water routinely inundates private property.

The acquisition of affected parcels would take several years, contingent on availability of money. Initial acquisition would target land that routinely floods or for which the Corps has received a public complaint, according to information on a website dedicated to the proposal.

WHAT’S NEXT

Corps officials are developing a draft environmental assessment for public release and review. Officials are reviewing the 122 public comments that were submitted, analyzing suggestions for alternatives and developing responses for assessments, said Jay Woods, spokesman in the Corps’ Little Rock district.

The Little Rock district commander will review the environmental assessment once it is finalized and make a decision on how the Corps will proceed. The commander is given what is called a decision brief that includes all courses of action, even ones that are not feasible. Sometimes a hybrid decision can be reached, Townsend said.

The process typically takes one year.

Eminent domain through condemnation is authorized, but it will be used only if negotiations for acquisitions are unsuccessful, he said.

What is happening at Beaver Lake is a nationwide problem, Townsend said.

“These lakes were built 50, 60 years ago. You identify shortfalls,” he said.

The process has left landowners such as David Harper in limbo.

“The whole process is mind-boggling to me,” Harper said.

Harper said in an email that not many people know what the Corps is trying to do, and none of the owners he talked to were aware of the proposed land acquisition until he mentioned it to them.

Harper said he had a meeting with two Corps rangers April 5 to verify property lines for land he intended to buy along the lake.

He closed on the 36-acre property April 21. He has since started putting in a water well and getting electricity to the undeveloped land.

The property at 21755 Slate Gap Road has 2,400 feet of shoreline boundary, with 1,700 feet of that boundary out in the lake at normal pool level (1,120 feet) or higher, meaning the shoreline is privately owned, Harper said.

“This means that we own the land out into the water and have the property rights associated with privately owned land,” he said.

If the Corps owns land between your property and the water, it makes a “huge difference” in what you can do with your property, he said.

On May 3, the Corps sent out a news release announcing a study on buying private land that is routinely underwater, Harper said.

“They have refused faceto-face meetings, and they have withheld information in order to push this land grab through,” he said.

Harper provided a copy of a letter from the Department of the Army sent to him as a landowner. A few points in it have him concerned.

The letter notes that the landowner grants the government officers, employees, agents and contractors an “irrevocable right” to enter the land for 12 months to survey, make test borings and other work. The letter also notes “all tools, equipment and other property taken upon or placed upon the land by the government shall remain the property of the government and be removed by the government at any time within a reasonable period after the expiration of this right of way.”

“I have never seen such an onerous easement request, and I can’t believe anyone would sign it,” he said. “The term is for 12 months, 24/7 access, and they can leave equipment on your property at any time and even leave it there past the 12 months. I just found out that they only sent that ridiculous easement request out to 10% of the private landowners. They are trying to keep a low profile and not stir the pot any more than they have to. Once they are in the door, they will not hold back.”

The requests submitted to some landowners was for rights of entry, Townsend said. These permits are not easements and allow the federal government to access lands only to conduct surveys. They are temporary and are not instruments to acquire land, Townsend said.

“We know we are up against a large government agency. They almost always get what they want, but we will fight them and at least let the public know what the Corps is up to,” Harper said.