Lawsuit threatened over Lake Bella Vista dam
BENTONVILLE — A group is threatening to sue the city of Bentonville if no action is taken related to the destruction of the failed Lake Bella Vista dam.
The Friends of Little Sugar Creek recently informed the city of its intent to sue for violations of the federal Clean Water Act related to the dam.
The notice of intent was filed March 29 and warns if the city does not take decisive action within 60 days to remedy the violations, it could face legal action in federal court that could result in penalties up to $25,000 per day per violation.
The notice to the city claims the dam continues to shed material into the waters of Little Sugar Creek and pollute the water, violating federal law.
Greg Van Horn, a spokesman for Friends of Little Sugar Creek, said the group believes the city should remove the ruins of the dam.
“The city of Bentonville claimed for years that legal restrictions kept it from tearing down this obsolete dam,” Van Horn said. “Now that they are free to do so, we believe completely freeing the creek and ending this ongoing pollution of the stream should be the top priority. Ownership of a dam comes with certain responsibilities. If your dam breaks, it’s your responsibility to clean it up.”
Bonnie Bridges, an associate attorney for Bentonville, declined to comment on potential litigation.
Flooding damaged the dam in 2008. The dam was topped by flooding again in 2011, 2013 and 2015. Floodwater washed out part of the dam on April 28, 2021.
The City Council voted in December to approve an agreement with Cooper Realty Investments to remove the dam. The agreement ended a legal battle over the dam.
The parties agreed the city would, at its own expense, transform the property into an environmentally friendly, aesthetically pleasing and financially sustainable public park. The city has appropriated money to begin transforming the property.
The city will name the park Lake Bella Vista Park and will move and maintain the various memorial benches located around the lake, the agreement says.
Cooper was 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.
Friends of Little Sugar Creek is a nonprofit organization dedicated to preserving and restoring the environmental values of Little Sugar Creek.