It appears the crumbling, long-ineffective dam that forms Lake Bella Vista will finally be torn down, allowing Little Sugar Creek to return to being a free-flowing stream surrounded by recreational opportunities.
All I can say is, after extended legal wrangling between the city of Bentonville and Cooper Realty Investments over whether the 100-year-old structure should remain, it's past time to bring the argument to a conclusion that will only benefit the people of that community.
After all, isn't that the bottom line? What's best for the people who use this 150-acre space for recreation and enjoyment?
The city agreed to construct and maintain the restored area to be called Lake Bella Vista Park at its own expense for public recreational use. The city plans to relocate and maintain various memorial benches now located around the lake. Cooper Realty can post a plaque, sign or other memorial item to recognize the gift of the property to the city, according to the agreement.
Reporter Mike Jones wrote last week that the Bentonville City Council reached the agreement with a 7-1 vote that paved the way for removing the dilapidated dam that was damaged by flooding in 2008, and overtopped in 2011, 2013, and 2015, with part of the dam washed out in 2021.
I'm somewhat surprised to learn the public comment and discussion among the council members lasted more than an hour to reach this kind of decision.
I mean, how many damaging incidents should it take to realize a dam isn't going to work?
Jones quoted Parks and Recreation Director David Wright saying it will take considerable time before work starts. The permitting process through the U.S. Army Corps of Engineers could require at least 18 months. The design process is expected to begin next year. "The process will be similar to a lot of other projects we have done," Wright said.
He showed a concept plan for that park area of a restored Little Sugar Creek including various elevation levels that detailed how water moves downstream. Weirs and so-called riffle pools would be included as part of the conversion, and a parking lot, playground and restrooms also are planned. Riffle pools are designed to help control the energy of the water and help with elevation changes along the stream. There also will be main and side channels.
Wright displayed slides of stream bank restoration over the past several years. The concept plan shows what the area could evolve into.
Jones' recounting of the history of the dam and its fate shows what a lengthy and tedious path it has been to reach consensus.
"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 park 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," Jones reported.
"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."
Greg Van Horn with Friends of Little Sugar Creek, while favoring the dam's removal, said in a news release that he felt the city was being held hostage by the agreement.
"Our mission all along has been to advocate for Little Sugar to be returned to a free-flowing creek, and this agreement would essentially accomplish that. But it has always been our contention, supported by multiple legal opinions, that the conveyance agreement on which Cooper bases its claim that Bentonville was required to maintain the dam forever, is not a legally binding document," the release says.
"That being the case, in addition to the fact Cooper gifted the land to the Trailblazers Association and not to the city, we believe Cooper has no right to dictate any terms governing what the city can or cannot do with the Lake Bella Vista property."
Council member Octavio Sanchez reflected the sentiments of many in the area when he said: "A large legal obstacle is out of the way, allowing the city to remove the dam while honoring the history of the lake, including the creation of a memorial item to recognize the Cooper family's gift of the property."
Count me among those who hope this brings an end to the extended litigation and arguments over the dam and the beginning of a free-flowing Christmas gift for everyone to appreciate and enjoy.
Now go out into the world and treat everyone you meet exactly like you want them to treat you.
Mike Masterson is a longtime Arkansas journalist, was editor of three Arkansas dailies and headed the master's journalism program at Ohio State University. Email him at [email protected].