DUNWOODY, GA — A dispute is growing over a damaged spillway at Kingsley Lake in Dunwoody, with questions over who is responsible for repairs.

Residents say a collapsed emergency spillway is worsening and could threaten nearby structures and a DeKalb County sewer line. Dozens of residents attended a city council meeting to urge action.

Hal Parris, a Kingsley Lake resident, said the manmade lake has received city and county stormwater for decades. “The lake has served as a retention facility, or a bucket, to receive storm water, but of course it’s not an unlimited water repository,” Parris said.

Parris also told council members that city stormwater flowing into the lake caused the problem.

“11 storm drains dump into Kingsley Lake; at the spillway that’s the only way drain water can come over, there is nothing supplied by the city to drain the water out of the lake, not one,” he said.

He added, “In the Georgia state constitution there are two sections addressing municipality stormwater, it combines stormwater and sewage collection, and disposal.”

City Manager Eric Linton says Kingsley Lake sits on private property and was created in the 1960s when developers dammed a creek to form a private lake.

“Kingsley lake first of all is not a natural lake. A developer dammed a creek to create a private lake for the private enjoyment of the homeowners surrounding it,” Linton said.

Linton says that makes repairs the responsibility of the homeowners’ association. “This is private property that the general public does not have access to, and the city of Dunwoody is not responsible for repairing this private property,” he said.

He added, “The city of Dunwoody does not control the lake, the dam, or the flume that is damaged.”

Linton also said, “There are certain properties in the city where recorded plats required DeKalb County to maintain stormwater infrastructure on private property. When the city was formed, the city assumed this responsibility from the county; Redfield is one of those particular properties, but Kingsley Lake and the Flume are not.”

The spillway runs over a sewer line maintained by DeKalb County.

More discussions are planned, and litigation remains a possibility as residents and city leaders continue to debate responsibility for repairs.

WSB Radio’s Graham Carroll contributed to this story.