Ind. Code § 14-28-1-3 — Indiana Code / Title 14 / Article 28 / Chapter 1 / Section 14-28-1-3
"Flood easement"
Status: in_force

Sec. 3. As used in this chapter, "flood easement" means an easement on property to be inundated or covered by water.

[Pre-1995 Recodification Citation: 13-2-22-3(15).]

As added by P.L.1-1995, SEC.21.
Ind. Code § 14-34-10-2 — Indiana Code / Title 14 / Article 34 / Chapter 10 / Section 14-34-10-2
Duties of permittee
Status: in_force

Sec. 2. (a) As used in this section, "higher or better uses" means postmining land uses that have a higher:

(1) economic value; or

(2) nonmonetary benefit;

to the landowner or the community than the premining land uses.

(b) In addition to other standards a permittee must meet under rules of the commission, a permittee shall do the following:

(1) Place markers on the site to readily identify the permit area.

(2) Conduct the surface coal mining operation in a manner that maximizes the use and conservation of the solid fuel resource that is recovered so that reaffecting the land in the future through surface coal mining is minimized.

(3) Restore the land affected to a condition capable of supporting the uses that the land was capable of supporting before mining or higher or better uses of which there is a reasonable likelihood if:

(A) those uses do not:

(i) present an actual or a probable hazard to public health or safety; or

(ii) pose an actual or a probable threat of water diminution or pollution; and

(B) the permit applicant's declared proposed land use following reclamation:

(i) is not impractical or unreasonable;

(ii) is not inconsistent with applicable land use policies and plans;

(iii) does not involve unreasonable delay in implementation; or

(iv) does not violate federal, state, or local law.

(4) Except as provided in subdivisions (5) and (6) and section 4 of this chapter with respect to all surface coal mining operations backfill, compact where advisable to ensure stability or prevent the leaching of toxic materials, and grade to restore the approximate original contour of the land with all highwalls, spoil piles, and depressions eliminated. Small depressions are allowed if needed to retain moisture to assist revegetation or as otherwise authorized under this article.

(5) In a surface coal mining operation that:

(A) is carried out at the same location over a substantial time;

(B) transects the coal deposit and the thickness of the coal deposit relative to the volume of the overburden that is large; and

(C) has overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area that is insufficient, giving due consideration to volumetric expansion, to restore the approximate original contour;

the operator, at a minimum, shall backfill, grade, and compact, where advisable, using all available overburden and other spoil and waste materials to attain the lowest practicable grade but not more than the angle of repose to provide adequate drainage and to cover all acid-forming and other toxic materials to achieve an ecologically sound land use compatible with the surrounding region.

(6) If in surface coal mining:

(A) the volume of overburden is large relative to the thickness of the coal deposit; and

(B) the operator demonstrates that due to volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour;

the operator shall, after restoring the approximate contour, backfill, grade, and compact, where advisable, the excess overburden and other spoil and waste materials to attain the lowest grade but not more than the angle of repose and to cover all acid-forming and other toxic materials to achieve an ecologically sound land use compatible with the surrounding region. The overburden or spoil shall be shaped and graded in a way that prevents slides, erosion, and water pollution and revegetated in accordance with the requirements of this article.

(7) Stabilize and protect all surface areas, including spoil piles, affected by the surface coal mining and reclamation operation to effectively control erosion and attendant air and water pollution.

(8) Remove the topsoil from the land in a separate layer and:

(A) replace the topsoil on the backfill area; or

(B) if the topsoil is not used immediately;

(i) segregate the topsoil in a separate pile from other spoil; and

(ii) if the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick growing plants or other means so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation.

However, if the topsoil is of insufficient quantity or of poor quality to sustain vegetation or if other strata are more suitable for vegetation requirements, the operator shall remove, segregate, and preserve, in a like manner, the strata that are best able to support vegetation.

(9) Restore the topsoil or the best available subsoil that is best able to support vegetation.

(10) For all prime farmland as identified in IC 14-34-3-3(16), comply with the specifications for soil removal, storage, replacement, and reconstruction established by rules of the commission and do the following:

(A) Segregate the A horizon of the natural soil unless it is shown that other available soil materials will create a final soil that has a greater productive capacity, stockpile this material, if not used immediately, separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material.

(B) Segregate the B horizon of the natural soil, or underlying C horizons or other strata, or a combination of those horizons or other strata that are texturally and chemically suitable for plant growth and equal to or more favorable for plant growth than the B horizon, in sufficient quantities to create in the regraded final soil a root zone of comparable depth and quality to that existing in the natural soil, stockpile this material, if not used immediately, separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material.

(C) Replace and regrade the root zone material described in clause (B) with proper compaction and uniform depth over the regraded spoil material.

(D) Redistribute and grade in a uniform manner the surface soil horizon described in clause (A).

(11) Create, if authorized in the approved surface coal mining and reclamation plan, permanent impoundments of water on mining sites. The permittee may create the permanent impoundment only after the permittee demonstrates the following:

(A) The size of the impoundment is adequate for the intended purposes.

(B) The impoundment dam construction will be designed to achieve necessary stability with an adequate margin of safety compatible with that of structures constructed under 16 U.S.C. 1006.

(C) The quality of impounded water will be suitable, on a permanent basis, for the intended use and discharges from the impoundment will not degrade the water quality below water quality standards established under applicable federal and state law in the receiving stream.

(D) The level of water will be reasonably stable.

(E) Final grading will provide adequate safety and access for proposed water users.

(F) The water impoundments will not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses.

(12) Conduct an augering operation associated with surface coal mining in a manner that maximizes the recoverability of mineral reserves remaining after the surface coal mining and reclamation operation is complete and seal all auger holes with an impervious and noncombustible material to prevent drainage except where the director determines that the resulting impoundment of water in those auger holes may create a hazard to the environment or the public health or safety. The director may prohibit augering if necessary to:

(A) maximize the use, recoverability, or conservation of the solid fuel resources; or

(B) protect against adverse water quality impacts.

(13) Minimize disturbances to the prevailing hydrologic balance at the mine site and associated offsite areas and to the quality and quantity of water in surface and ground water systems during and after surface coal mining and reclamation operations by doing the following:

(A) Avoiding acid or other toxic mine drainage by measures such as the following:

(i) Preventing or removing water from contact with toxic-producing deposits.

(ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to watercourses.

(iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells and keep acid or other toxic drainage from entering ground and surface water.

(B) Conducting surface coal mining and reclamation operations so as to prevent, to the extent possible using the best technology currently available, violations of the effluent limitations for coal mining operations established under applicable state or federal law.

(C) Constructing siltation structures under clause (B) before commencement of surface coal mining operations that will be certified by an engineer licensed under IC 25-31 and constructed as designed and approved in the reclamation plan.

(D) Cleaning out and removing temporary or large settling ponds or other siltation structures from drainageways after disturbed areas are revegetated and stabilized and depositing the silt and debris at a site and in a manner approved by the director.

(E) Restoring recharge capacity of the mined area to approximate premining conditions.

(F) Avoiding channel deepening or enlargement in operations requiring the discharge of water from mines.

(G) Other actions required under the permit.

(14) With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine workings or excavations, the following:

(A) Stabilize all waste piles in designated areas through construction in compacted layers, including the use of incombustible and impervious materials if necessary.

(B) Assure the following:

(i) The final contour of the waste pile will be compatible with natural surroundings.

(ii) The site will be stabilized and revegetated according to this article.

(15) Refrain from surface coal mining within five hundred (500) feet of active and abandoned underground mines to prevent breakthroughs and to protect the health or safety of miners. However, the director shall permit an operator to mine near, through, or partially through an abandoned underground mine or closer to an active underground mine if the following conditions exist:

(A) The nature, timing, and sequencing of the approximate coincidence of specific coal surface mining activities with specific underground coal mining activities are jointly approved by the regulatory authorities concerned with surface coal mining regulation and the health and safety of underground miners.

(B) The operations will result in:

(i) improved resource recovery;

(ii) abatement of water pollution; or

(iii) elimination of hazards to the health and safety of the public.

(16) Design, locate, construct, operate, maintain, enlarge, modify, and remove or abandon, in accordance with the standards and criteria used by the United States Secretary of the Interior to ensure that flood control structures are safe and effectively perform their functions, all existing and new coal mine waste piles:

(A) consisting of:

(i) mine wastes;

(ii) tailings;

(iii) coal processing wastes; or

(iv) other liquid and solid wastes; and

(B) used temporarily or permanently as dams or embankments.

(17) Ensure the following:

(A) All debris, acid-forming materials, toxic materials, or materials constituting a fire hazard are treated, buried, and compacted or otherwise disposed of in a manner designed to prevent contamination of ground or surface water.

(B) Contingency plans are developed to prevent sustained combustion.

(18) Ensure that explosives are used only in accordance with the following:

(A) IC 14-34-12.

(B) Applicable state and federal law.

(C) The rules adopted by the commission.

(19) Ensure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable with the surface coal mining operations. However, if the applicant proposes to combine surface coal mining operations with underground coal mining operations to assure maximum practical recovery of the mineral resources, the director may grant a variance for specific areas within the reclamation plan from the requirement that reclamation efforts proceed as contemporaneously as practicable and permit underground coal mining operations before reclamation if the following conditions are met:

(A) The director finds in writing the following:

(i) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations.

(ii) The proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple disturbance of the surface.

(iii) The applicant has satisfactorily demonstrated that the plan for the underground coal mining operations conforms to the requirements for underground coal mining in that jurisdiction and that permits necessary for the underground coal mining operations have been issued by the appropriate authority.

(iv) The applicant has shown the areas proposed for the variance are necessary for the implementation of the proposed underground coal mining operations.

(v) Substantial adverse environmental damage, either onsite or offsite, will not result from the delay in completion of reclamation as required by this article.

(vi) The provisions for the offsite storage of spoil will comply with subdivision (25).

(B) The commission has adopted specific rules to govern the granting of variances in accordance with this subdivision.

(C) Variances granted under this subdivision are to be reviewed by the director not more than three (3) years from the date of issuance of the permit.

(D) Liability under the bond filed by the applicant with the director under IC 14-34-6 is for the duration of underground coal mining operations and until the requirements of this section and IC 14-34-6 are fully complied with.

(20) Ensure that the construction, maintenance, and postmining conditions of access roads into and across the site of operations will control or prevent the following:

(A) Erosion and siltation.

(B) Pollution of water.

(C) Damage to the following:

(i) Fish or wildlife or their habitat.

(ii) Public or private property.

(21) Refrain from the construction of roads or other access ways:

(A) up a stream bed or drainage channel; or

(B) in the proximity of a channel;

that seriously alters the normal flow of water.

(22) Establish on the regraded areas and all other land affected a diverse, an effective, and a permanent vegetative cover:

(A) of the same seasonal variety native to the area of land to be affected; and

(B) that is capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area.

However, an introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan.

(23) Assume the responsibility for successful revegetation, as required by subdivision (22), as follows:

(A) On lands not eligible for remining, for five (5) full years after the last year of augmented seeding, fertilizing, irrigation, or other work to assure compliance with subdivision (22). However, if the director approves a long term intensive agricultural postmining land use, the applicable five (5) or ten (10) year period of responsibility for revegetation commences at the date of initial planting for the long term intensive agricultural postmining land use. If the director issues a written finding approving a long term intensive agricultural postmining land use as part of the mining and reclamation plan, the director may grant exception to subdivision (22).

(B) On lands eligible for remining, for two (2) full years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to ensure compliance with subdivision (22).

(24) Protect offsite areas from slides or damage occurring during the surface coal mining and reclamation operations and not deposit spoil material or locate any part of the operations or waste accumulations outside the permit area.

(25) Place all excess spoil material resulting from coal surface mining and reclamation activities to ensure the following:

(A) Spoil is transported and placed in a controlled manner in a position for concurrent compaction and in a manner that assures mass stability and prevents mass movement.

(B) The areas of disposal are within the bonded permit areas and all organic matter is removed immediately before spoil placement.

(C) Appropriate surface and internal drainage systems and diversion ditches are used in a manner that prevents spoil erosion and movement.

(D) The disposal area does not contain springs, natural watercourses, or wet weather seeps unless lateral drains are constructed from the wet areas to the main underdrains in a manner that prevents filtration of the water into the spoil pile.

(E) If placed on a slope, the spoil is placed as follows:

(i) On the most moderate slope among the slopes on which, in the judgment of the director, the spoil could be placed in compliance with all the requirements of this article.

(ii) If possible, upon or above a natural terrace, bench, or berm if the placement provides additional stability and prevents mass movement.

(F) Where the toe of the spoil rests on a downslope, a rock toe buttress of sufficient size to prevent mass movement is constructed.

(G) The final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses.

(H) Design of the spoil disposal area is certified by an engineer licensed under IC 25-31 and in conformance with professional standards.

(I) All other provisions of this article are met.

(26) To the extent possible using the best technology currently available the following:

(A) Minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values.

(B) Enhance those resources where practicable.

(27) Provide for an undisturbed natural barrier:

(A) beginning at the elevation of the lowest coal seam to be mined; and

(B) extending from the outslope for a distance determined by the director;

to serve as a barrier to slides and erosion.

(28) Replace the water supply of an owner of interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or a surface source if the supply is affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation. This article does not affect the right of a person to enforce or protect under applicable law the person's interest in water resources affected by a surface coal mining operation.

(29) Meet other criteria that are necessary to achieve reclamation in accordance with the purposes of this article, taking into consideration the physical, climatological, and other characteristics of the site.

[Pre-1995 Recodification Citations: 13-4.1-1-3(3.5); 13-4.1-8-1.]

As added by P.L.1-1995, SEC.27. Amended by P.L.179-1995, SEC.6.
Ind. Code § 14-8-2-147 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-147
"Land use easement"
Status: in_force

Sec. 147. "Land use easement", for purposes of IC 14-29-6-13, has the meaning set forth in IC 14-29-6-13.

[Pre-1995 Recodification Citation: 13-2-26-3(k).]

As added by P.L.1-1995, SEC.1.
Ind. Code § 14-8-2-192 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-192
"Other state"
Status: in_force

Sec. 192. "Other state", for purposes of IC 14-28-1 and IC 14-28-3, means the following:

(1) Any state other than Indiana.

(2) The government of another state.

(3) An agency, an officer, a board, a bureau, a commission, a department, a division, or an instrumentality of another state.

[Pre-1995 Recodification Citation: 13-2-22-3(23).]

As added by P.L.1-1995, SEC.1.
Ind. Code § 14-12-1-11 — Indiana Code / Title 14 / Article 12 / Chapter 1 / Section 14-12-1-11
Establishment of fund
Status: in_force

Sec. 11. (a) The Indiana natural resources fund is established. Expenditures from the fund may be made only to carry out the purposes of this chapter. The foundation shall do the following:

(1) Hold the fund in the name of the foundation.

(2) Administer the fund.

(3) Make all expenditures from the fund.

(b) Gifts of money to the fund or the foundation or the proceeds from the sale of gifts donated to the fund or the foundation shall be deposited in the fund.

(c) The expenses of administering this chapter shall be paid from money in the fund.

(d) The money in the fund at the end of a state fiscal year remains in the fund and does not revert to any other fund. If the foundation is terminated, the money in the fund reverts to the department.

(e) The fund is subject to audit as if the foundation were a state agency.

[Pre-1995 Recodification Citation: 14-3-17-13.]

As added by P.L.1-1995, SEC.5.
Ind. Code § 14-26-2.1-1 — Indiana Code / Title 14 / Article 26 / Chapter 2.1 / Section 14-26-2.1-1
"Lake Michigan"
Status: in_force

Sec. 1. As used in this chapter, "Lake Michigan" means:

(1) the waters of Lake Michigan;

(2) the land under the waters of Lake Michigan; and

(3) the land adjoining the waters of Lake Michigan up to the ordinary high water mark;

within the boundaries of Indiana.

As added by P.L.164-2020, SEC.57.
Ind. Code § 14-33-17-2 — Indiana Code / Title 14 / Article 33 / Chapter 17 / Section 14-33-17-2
Filing petition
Status: in_force

Sec. 2. Freeholders residing in the two (2) districts who desire the merger of the districts must initiate proceedings by filing a petition in the office of the clerk of the circuit court for the county containing the most land in the proposed merged district.

[Pre-1995 Recodification Citation: 13-3-3-96.5(b).]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-22-6-12 — Indiana Code / Title 14 / Article 22 / Chapter 6 / Section 14-22-6-12
Taking of coyotes
Status: in_force

Sec. 12. A person:

(1) who possesses land; or

(2) designated in writing by a person who possesses land;

may take coyotes on the land at any time.

[Pre-1995 Recodification Citation: 14-2-4-8.]

As added by P.L.1-1995, SEC.15.
Ind. Code § 14-16-1-11 — Indiana Code / Title 14 / Article 16 / Chapter 1 / Section 14-16-1-11
Expired
Status: repealed

[Pre-1995 Recodification Citations: 14-1-3-5(a), (b), (c), (d) part.]

As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.44; P.L.259-2013, SEC.35. Expired 1-1-2017 by P.L.259-2013, SEC.35.
Ind. Code § 14-22-22-1 — Indiana Code / Title 14 / Article 22 / Chapter 22 / Section 14-22-22-1
Issuance
Status: in_force

Sec. 1. The department may issue to a properly accredited individual a license authorizing the individual to collect and possess:

(1) wild birds;

(2) the nests and eggs of wild birds; or

(3) other wild animals;

in Indiana for scientific purposes only under rules adopted under IC 4-22-2.

[Pre-1995 Recodification Citation: 14-2-7-17 part.]

As added by P.L.1-1995, SEC.15.
Ind. Code § 14-23-8-3 — Indiana Code / Title 14 / Article 23 / Chapter 8 / Section 14-23-8-3
"Corps" defined
Status: in_force

Sec. 3. As used in this chapter, "corps" refers to the youth conservation corps established by this chapter.

[Pre-1995 Recodification Citation: 14-5-8-3 part.]

As added by P.L.1-1995, SEC.16.
Ind. Code § 14-25.5-4-1 — Indiana Code / Title 14 / Article 25.5 / Chapter 4 / Section 14-25.5-4-1
Revocation of permit; causes
Status: in_force

Sec. 1. The department may revoke a permit issued under an article to which this article applies if the department finds any of the following:

(1) The permit was issued through fraud or misrepresentation.

(2) The person to whom the permit was issued has violated an article to which this article applies or has violated a rule adopted under an article to which this article applies.

(3) The information or conditions upon which a permit was issued have substantially changed since the permit was issued.

(4) The person to whom the permit was issued has received a notice of violation under this article and has failed to do at least one (1) of the following:

(A) Mitigate the violation within the time limit set forth within the notice.

(B) Secure from the division in writing an extension of time within which to mitigate the violation before the expiration of the time established for mitigation.

(C) Request a proceeding under IC 4-21.5-3-6 within:

(i) thirty (30) days after receipt of the notice; or

(ii) the time provided by the division for mitigation;

whichever is longer.

As added by P.L.145-2002, SEC.3.
Ind. Code § 14-24-6-2 — Indiana Code / Title 14 / Article 24 / Chapter 6 / Section 14-24-6-2
"Hardiness zone" defined
Status: in_force

Sec. 2. As used in this chapter, "hardiness zone" means a designated geographic area found on the Plant Hardiness Zone Map prepared and amended by the Agricultural Research Service of the United States Department of Agriculture.

[Pre-1995 Recodification Citation: 14-7-12-2.]

As added by P.L.1-1995, SEC.17.
Ind. Code § 14-25-13-8 — Indiana Code / Title 14 / Article 25 / Chapter 13 / Section 14-25-13-8
Governor to transmit copies to parties
Status: in_force

Sec. 8. The governor shall transmit an authenticated copy of this chapter and the compact contained in this chapter to each jurisdiction party to the compact.

[Pre-1995 Recodification Citation: 13-5-3-5.]

As added by P.L.1-1995, SEC.18.
Ind. Code § 14-8-2-231 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-231
"Reasonable beneficial use"
Status: in_force

Sec. 231. "Reasonable beneficial use", for purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-6.

[Pre-1995 Recodification Citation: 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.
Ind. Code § 14-13-9-24 — Indiana Code / Title 14 / Article 13 / Chapter 9 / Section 14-13-9-24
Uses of money collected from special assessments
Status: in_force

Sec. 24. A county shall use money retained under section 22(d) of this chapter for the following purposes:

(1) To improve flood storage capacity along the tributaries of the Kankakee River and the Yellow River.

(2) Flood control and drainage projects within the basin.

As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-6-4 — Indiana Code / Title 14 / Article 13 / Chapter 6 / Section 14-13-6-4
"Wabash River" defined
Status: in_force

Sec. 4. As used in this chapter, "Wabash River" includes the following:

(1) The Little River.

(2) The portage between the Little River and the Maumee River.

[Pre-1995 Recodification Citation: 14-6-36-5.]

As added by P.L.1-1995, SEC.6.
Ind. Code § 14-27-6-3 — Indiana Code / Title 14 / Article 27 / Chapter 6 / Section 14-27-6-3
"Gate" defined
Status: in_force

Sec. 3. As used in this chapter, "gate" means any opening in a levee that can be closed mechanically to prevent the flow of water through the levee.

[Pre-1995 Recodification Citation: 13-2-31-1 part.]

As added by P.L.1-1995, SEC.20.
Ind. Code § 14-8-2-159.5 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-159.5
"Mechanical integrity test"
Status: in_force

Sec. 159.5. "Mechanical integrity test", for purposes of IC 14-39, has the meaning set forth in IC 14-39-0.6-15.

As added by P.L.161-2026, SEC.18.
Ind. Code § 14-8-2-234 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-234
"Recreational purpose"
Status: in_force

Sec. 234. "Recreational purpose", for purposes of IC 14-26-2-5, has the meaning set forth in IC 14-26-2-5.

[Pre-1995 Recodification Citation: 13-2-11.1-1 part.]

As added by P.L.1-1995, SEC.1.
Ind. Code § 14-8-2-132 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-132
"Inn"
Status: in_force

Sec. 132. "Inn", for purposes of IC 14-18-2-3, has the meaning set forth in IC 14-18-2-3.

[Pre-1995 Recodification Citation: 14-3-8-3 part.]

As added by P.L.1-1995, SEC.1.
Ind. Code § 14-15-9-6 — Indiana Code / Title 14 / Article 15 / Chapter 9 / Section 14-15-9-6
Diving within 150 feet of anchored watercraft
Status: in_force

Sec. 6. A diver may not dive or display a divers down flag within one hundred fifty (150) feet of an anchored watercraft unless the watercraft is directly involved in supporting the diver.

[Pre-1995 Recodification Citation: 14-1-7-7.]

As added by P.L.1-1995, SEC.8.
Ind. Code § 14-30.5-3.5-4 — Indiana Code / Title 14 / Article 30.5 / Chapter 3.5 / Section 14-30.5-3.5-4
Flood damage reduction and drainage; plan and activities; potential coordination with another governmental entity
Status: in_force

Sec. 4. (a) The board of a watershed development commission shall develop a plan for flood damage reduction and drainage within the commission's designated watershed.

(b) A watershed development commission:

(1) subject to subsection (f), has authority to perform drainage, storm water management, flood damage reduction, and soil and water conservation activities within the designated watershed;

(2) may participate in the flood control program established under IC 5-1.2-13; and

(3) may acquire interests in land, including easements, for the commission's use in:

(A) providing flood storage; and

(B) the construction of low profile berms and other flood damage reduction improvements.

(c) The drainage, storm water management, flood damage reduction, and soil and water conservation activities that a watershed development commission has authority to perform under subsection (b)(1) include the following:

(1) Bank stabilization.

(2) Tree removal.

(3) Construction and operation of sediment traps.

(4) Channel reconstruction.

(5) Sediment removal.

(6) Two-stage ditch construction.

(7) Installation of best management practices (as described in the local Natural Resources Conservation Service Field Office Technical Guide as of July 1, 2025, and any amendments thereto), including:

(A) blind tile inlets;

(B) cover crops;

(C) grass buffer or filter strips;

(D) regional detention ponds;

(E) tile inlet buffers;

(F) nutrient management;

(G) edge of field bioreactors;

(H) riparian buffers; and

(I) wetland restoration.

(8) The acquisition, construction, and maintenance of access roads to levees and the channel of a river to which subsection (b)(1) applies.

(9) Other actions that the board of the watershed development commission reasonably considers necessary to carry out this chapter.

(d) Subject to subsection (f), a county must obtain the authorization of the board of the watershed development commission before performing any:

(1) construction work; or

(2) drainage or flood damage reduction activities;

within the area described in subsection (b)(1) unless the work must be performed in response to an emergency.

(e) Subsection (f) applies if a governmental entity other than the watershed development commission has authority:

(1) to perform one (1) or more activities set forth in subsection (c) within any part of the watershed development commission's designated watershed; and

(2) to collect a tax or an assessment or to impose another duty of financial contribution upon the owners of property located in any part of the watershed development commission's designated watershed.

(f) The board of a watershed development commission may enter into an interlocal cooperation agreement under IC 36-1-7 with a governmental entity described in subsection (e):

(1) under which:

(A) the watershed development commission will perform, and the other governmental entity will relinquish its authority to perform, the activity or activities set forth in subsection (c) within the watershed development commission's designated watershed; and

(B) the governmental entity will cease collecting the tax or assessment or imposing the other duty of financial contribution described in subsection (e)(2) for performing the activity or activities set forth in subsection (c) within the watershed development commission's designated watershed; or

(2) under which:

(A) the governmental entity will continue to perform, and the watershed development commission will relinquish its authority to perform, the activity or activities set forth in subsection (c) within the part of the watershed development commission's designated watershed in which the governmental entity performs those activities;

(B) the governmental entity will continue collecting the tax or assessment or imposing the other duty of financial contribution described in subsection (e)(2) in the part of the watershed development commission's designated watershed in which the governmental entity performs the activity or activities set forth in subsection (c); and

(C) the watershed development commission will:

(i) relinquish its authority to receive; or

(ii) appropriately reduce;

the annual special assessments or support by optional methods to which the watershed development commission is otherwise entitled under IC 14-30.5-5 with respect to taxable parcels of real property located in the part of the watershed development commission's designated watershed in which the governmental entity performs the activity or activities set forth in subsection (c).

As added by P.L.104-2025, SEC.5.
Ind. Code § 14-31-1-10 — Indiana Code / Title 14 / Article 31 / Chapter 1 / Section 14-31-1-10
Property rights
Status: in_force

Sec. 10. (a) The department may, on behalf of the state, acquire nature preserves by gift, devise, purchase, exchange, condemnation, or any other method of acquiring real property or an estate, an interest, or a right in real property. However, an interest owned by the state or by a subdivision of the state may be dedicated only by voluntary act of the agency having jurisdiction. The department may acquire the fee simple interest in an area or a lesser estate, interest, or right in an area, including any of the following:

(1) A leasehold estate.

(2) An easement:

(A) either:

(i) appurtenant; or

(ii) in gross; and

(B) either:

(i) granting the state specified rights of use;

(ii) denying to the grantor specified rights of use; or

(iii) both.

(3) A license.

(4) A covenant.

(5) Other contractual rights.

(b) A nature preserve may be acquired voluntarily for the consideration that the department considers advisable or without consideration.

[Pre-1995 Recodification Citation: 14-4-5-6(a).]

As added by P.L.1-1995, SEC.24.
Ind. Code § 14-8-2-320 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-320
"Wildlife"
Status: in_force

Sec. 320. "Wildlife" has the following meaning:

(1) For purposes of IC 14-22, except as provided in subdivision (2), means all wild birds, fish, crustaceans, mollusks, amphibians, reptiles, and mammals.

(2) For purposes of IC 14-22-34, the meaning set forth in IC 14-22-34-6.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-2-2-1 part; subdivision (2) formerly 14-2-8.5-1(i).]

As added by P.L.1-1995, SEC.1. Amended by P.L.123-2026, SEC.15.
Ind. Code § 14-33-11-3 — Indiana Code / Title 14 / Article 33 / Chapter 11 / Section 14-33-11-3
Method of issuance
Status: in_force

Sec. 3. Bonds may be issued by either of the following methods:

(1) Solely against the revenues expected to be produced by the operation of the district. The board may make proper contractual arrangements to pay the bonds from the net revenues produced.

(2) Against the real property of the district in anticipation of the collection of special benefits taxes. Bonds issued against the real property of the district may be paid in part:

(A) by revenues derived from reasonable charges for services or property produced incident to the operation of the district; or

(B) from the collection of assessments for exceptional benefits.

[Pre-1995 Recodification Citation: 13-3-3-81 part.]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-30-6-3 — Indiana Code / Title 14 / Article 30 / Chapter 6 / Section 14-30-6-3
"Municipal corporation"
Status: in_force

Sec. 3. A commission established by this chapter:

(1) is a separate municipal corporation; and

(2) may sue and be sued.

As added by P.L.123-2026, SEC.38.
Ind. Code § 14-8-2-114 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-114
Repealed
Status: repealed

[Pre-1995 Recodification Citation: 13-8-2-12.5.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.80-2005, SEC.8.
Ind. Code § 14-22-41-5 — Indiana Code / Title 14 / Article 22 / Chapter 41 / Section 14-22-41-5
Citations in participating state
Status: in_force

Sec. 5. ARTICLE III

(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a participating state in the same manner as the officer would issue a citation to a resident of the issuing state and may not require the person to post collateral to secure appearance, subject to the exception in subsection (b), if the officer receives the recognizance of the person that the person will comply with the terms of the citation.

(b) Personal recognizance is acceptable if:

(1) not prohibited by local law or the compact manual; and

(2) the violator provides adequate proof of identification to the wildlife officer.

(c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state in which the wildlife citation was issued. The report must be made in accordance with procedures specified by the issuing state.

(d) Upon receipt of the report of conviction or noncompliance under subsection (c), the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in the form and content prescribed in the compact manual.

As added by P.L.23-1999, SEC.2.
Ind. Code § 14-28-3-4 — Indiana Code / Title 14 / Article 28 / Chapter 3 / Section 14-28-3-4
Assistance and cooperation from commission
Status: in_force

Sec. 4. (a) The commission may provide technical data and information and otherwise assist a county or municipality in the following:

(1) The identification and delineation of all flood hazard areas within the jurisdiction of the county or municipality.

(2) The preparation of all necessary ordinances, rules, and regulations.

(b) The commission may cooperate with a state, regional, local, or federal board, commission, or agency in the preparation of necessary information or data.

(c) In furtherance of the objectives of subsections (a) and (b), the commission shall hold a meeting at least once every five (5) years with officials of counties and municipalities to do the following:

(1) Promote cooperation among the counties and municipalities participating in the National Flood Insurance Program managed by the Federal Emergency Management Agency.

(2) Provide technical and data assistance to officials of counties and municipalities.

(3) Conduct training for and provide communication and outreach to officials of counties and municipalities.

(d) In addition to attending meetings held under subsection (c), officials of a county or municipality may voluntarily request to meet with the commission on a periodic basis that the officials consider appropriate to further the objectives of this chapter.

[Pre-1995 Recodification Citation: 13-2-22.5-4.]

As added by P.L.1-1995, SEC.21. Amended by P.L.191-2023, SEC.11.
Ind. Code § 14-19-1-0.5 — Indiana Code / Title 14 / Article 19 / Chapter 1 / Section 14-19-1-0.5
"Motorized cart"
Status: in_force

Sec. 0.5. (a) "Motorized cart" means a conveyance that is:

(1) motor driven, either by gas or electricity;

(2) used to carry passengers or equipment; and

(3) smaller than the types of motor vehicles required to be registered by the bureau of motor vehicles such as a:

(A) passenger motor vehicle (as defined in IC 9-13-2-123);

(B) recreational vehicle (as defined in IC 9-13-2-150); or

(C) truck (as defined in IC 9-13-2-188).

A motorized cart may be characterized as a golf cart, utility cart, or similar form of motor vehicle.

(b) The term does not include:

(1) an electric personal assistive mobility device (as defined in IC 9-13-2-49.3);

(2) a motorcycle (as defined in IC 9-13-2-108);

(3) a motor driven cycle (as defined in IC 9-13-2-104.1);

(4) an off-road vehicle; or

(5) an electric foot scooter (as defined in IC 9-13-2-49.4).

As added by P.L.225-2005, SEC.14. Amended by P.L.221-2014, SEC.86; P.L.142-2019, SEC.10.
Ind. Code § 14-32-4-15 — Indiana Code / Title 14 / Article 32 / Chapter 4 / Section 14-32-4-15
Removal of supervisor
Status: in_force

Sec. 15. The board may, upon notice and a hearing, remove a supervisor for neglect of duty or malfeasance in office, but for no other reason.

[Pre-1995 Recodification Citation: 13-3-1-7(k).]

As added by P.L.1-1995, SEC.25.
Ind. Code § 14-24-11-2 — Indiana Code / Title 14 / Article 24 / Chapter 11 / Section 14-24-11-2
Revocation of permit, certification, or other authorization
Status: in_force

Sec. 2. The commission may revoke a permit, certification, or other authorization issued under this article if the commission finds at least one (1) of the following:

(1) The permit, certification, or other authorization was issued as a result of fraud or misrepresentation by the recipient.

(2) The person who holds the permit, certification, or other authorization has violated any of the following:

(A) This article.

(B) A rule adopted under this article.

[Pre-1995 Recodification Citation: 14-7-11-2.]

As added by P.L.1-1995, SEC.17.
Ind. Code § 14-18-5-3 — Indiana Code / Title 14 / Article 18 / Chapter 5 / Section 14-18-5-3
Power to dispose of rights-of-way
Status: in_force

Sec. 3. The state reserves the power to sell, transfer, and convey, as provided by law, rights-of-way in land that is subject to this chapter for railroads, street and interurban railroads, switch tracts, lateral railroads, pipelines, gas pipelines, water pipelines, sewer lines, head race or tail race for hydro development, electric transmission lines, telephone lines, and telegraph lines to a public utility organized under Indiana law.

[Pre-1995 Recodification Citation: 14-3-10-1 part.]

As added by P.L.1-1995, SEC.11.
Ind. Code § 14-9-8-25 — Indiana Code / Title 14 / Article 9 / Chapter 8 / Section 14-9-8-25
Conservation officers authorized to work with law enforcement agencies
Status: in_force

Sec. 25. The director may authorize a conservation officer to work temporarily with a law enforcement agency in Indiana, another state, or Canada under the following conditions:

(1) The authorization may not be for longer than thirty (30) days, but the authorization may be renewed.

(2) The authorization must relate to a specific problem or operation.

(3) The authorization must be in writing.

[Pre-1995 Recodification Citation: 14-3-4-14(b).]

As added by P.L.1-1995, SEC.2.
Ind. Code § 14-31-2-3 — Indiana Code / Title 14 / Article 31 / Chapter 2 / Section 14-31-2-3
"Campaign" defined
Status: in_force

Sec. 3. As used in this chapter, "campaign" refers to the Indiana natural heritage protection campaign established by this chapter.

[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]

As added by P.L.1-1995, SEC.24.
Ind. Code § 14-32-5-6 — Indiana Code / Title 14 / Article 32 / Chapter 5 / Section 14-32-5-6
Cooperation among districts
Status: in_force

Sec. 6. Districts organized under this article or IC 13-3-1 (before its repeal) may cooperate with each other in carrying on the work of the districts. However, this section does not permit the transfer of authority or powers from one (1) district to another.

[Pre-1995 Recodification Citation: 13-3-1-9.]

As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997, SEC.33.
Ind. Code § 14-33-5-23 — Indiana Code / Title 14 / Article 33 / Chapter 5 / Section 14-33-5-23
Gifts of money or property
Status: in_force

Sec. 23. The board may accept gifts of money or other property to be used for certain aspects of a general purpose for which the district is established.

[Pre-1995 Recodification Citation: 13-3-3-47.]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-33-8-5 — Indiana Code / Title 14 / Article 33 / Chapter 8 / Section 14-33-8-5
Appraisal of damages to property
Status: in_force

Sec. 5. (a) In determining damages, the board of directors shall give the appraisers the description of land needed in fee simple and of land over which an easement is needed. If an easement is designated by the board of directors, the purpose and extent of the easement must be definitely stated.

(b) The appraisers shall do the following:

(1) Appraise the real property and the amount of damages.

(2) Make a report to the court of the findings.

(c) If the board of appraisers does not return an appraisal of damages to real property, that constitutes a finding that damages will not be sustained by that real property.

[Pre-1995 Recodification Citation: 13-3-3-61(e).]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-33-5-10 — Indiana Code / Title 14 / Article 33 / Chapter 5 / Section 14-33-5-10
Advisory members of board; area directors
Status: in_force

Sec. 10. (a) Notwithstanding other provisions of this chapter, this section applies to all districts described in IC 14-33-9-4.

(b) The following shall serve as advisory members of the board and have all privileges of membership except the right to vote:

(1) The city engineer of each second class city in the district.

(2) The county surveyor of the county.

(3) The chairman of the county soil and water conservation district.

(c) On the same day as the primary election held in even-numbered years, the voters shall select the area directors. At the initial election held under this section, the authority that makes the initial appointment of directors under section 1 of this chapter shall designate the initial terms of the directors elected as follows:

(1) One-half (1/2) plus one (1) of the directors serve for two (2) year terms.

(2) The other directors serve for four (4) year terms.

After the first election, all directors serve for four (4) year terms. Area directors take office on June 1 after election.

(d) The initial appointments of directors under section 1 of this chapter shall be made so that the directors serve until the election in the first even-numbered year following the year of appointment.

(e) Nominations for director signed by at least five (5) freeholders shall be filed with the county election board during the period when filing for other county offices takes place, and the board shall publicly invite nominations at least five (5) days before this filing period begins.

(f) Each director must be a freeholder and a resident of the district from which elected. Only one (1) director may be elected from each district.

(g) When a vacancy occurs on the board:

(1) the chairman of the board; or

(2) five (5) freeholders from the district where the vacancy exists;

may petition the appointing authority to have the appointing authority make an appointment to fill the vacancy for the remainder of the unexpired term.

[Pre-1995 Recodification Citation: 13-3-3-34.5.]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-8-2-317 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-317
"Well for oil and gas purposes"
Status: in_force

Sec. 317. "Well for oil and gas purposes", for purposes of IC 14-37, means a well bore drilled, deepened, or converted for any purpose for which a permit is required under IC 14-37. The term includes the following:

(1) An oil well.

(2) A natural gas well.

(3) A coal bed methane well.

(4) A Class II well.

(5) A structure test well.

(6) A well used for the sole purpose of supplying water for the secondary recovery of petroleum resources.

(7) An underground gas storage well or underground gas storage observation well.

[Pre-1995 Recodification Citation: 13-8-2-22.]

As added by P.L.1-1995, SEC.1. Amended by P.L.78-2010, SEC.3.
Ind. Code § 14-35-1-8 — Indiana Code / Title 14 / Article 35 / Chapter 1 / Section 14-35-1-8
Permit approval by commission; governor's signature
Status: in_force

Sec. 8. A permit must be approved by the commission and signed by the governor.

[Pre-1995 Recodification Citation: 14-3-2-5 part.]

As added by P.L.1-1995, SEC.28.
Ind. Code § 14-22-2-10 — Indiana Code / Title 14 / Article 22 / Chapter 2 / Section 14-22-2-10
Authority to adjust license and permit fees
Status: in_force

Sec. 10. (a) Notwithstanding any law in this article, the commission may adjust a license and permit fee, including an application fee, in an amount that is above the minimum fee established under the following:

(1) Section 4 of this chapter (Licenses and permits written by the director).

(2) IC 14-22-9-10 (Aquatic vegetation control).

(3) IC 14-22-13-1 (Commercial fishing).

(4) IC 14-22-13-2 (Commercial fishing on the Ohio River).

(5) IC 14-22-13-2.5 (Roe harvester or dealer).

(6) IC 14-22-15-2 (Fishing guide).

(7) IC 14-22-15.5-3 (Hunting guide).

(8) IC 14-22-16-1 (Bait dealer).

(9) IC 14-22-19-2 (Fur buyer).

(10) IC 14-22-20-1 (Game breeder).

(11) IC 14-22-21-2 (Taxidermist).

(12) IC 14-22-22-2 (Scientific purposes).

(13) IC 14-22-23-3 (Falconry).

(14) IC 14-22-24-2 (Field trials).

(15) IC 14-22-25-3 (Fish and wild animal importation).

(16) IC 14-22-26-4 (Wild animal possession).

(17) IC 14-22-27-2 (Fish stocking).

(18) IC 14-22-31-2 (Private shooting preserve).

(b) Before adopting fees under this section, the commission shall consider the amount that is reasonably necessary to generate revenue sufficient to offset the costs incurred in carrying out the department's responsibilities and operating any related programs.

(c) A fee that is submitted with an application for a license or permit listed under subsection (a) is not refundable.

As added by P.L.195-2017, SEC.8. Amended by P.L.154-2019, SEC.2; P.L.141-2022, SEC.7.
Ind. Code § 14-27-6-37 — Indiana Code / Title 14 / Article 27 / Chapter 6 / Section 14-27-6-37
Eminent domain powers; description of land; statement of purpose
Status: in_force

Sec. 37. Within sixty (60) days after land or interests in land is acquired or taken under this chapter, the board shall file and cause to be recorded in the recorder's office of the county in which the land is situated the following, which a majority of the board shall sign:

(1) A description of the land or interest in land sufficiently accurate for identification.

(2) A statement of the purpose for which the land or interest in land is required or taken.

[Pre-1995 Recodification Citation: 13-2-31-18(e).]

As added by P.L.1-1995, SEC.20.
Ind. Code § 14-32-2-9 — Indiana Code / Title 14 / Article 32 / Chapter 2 / Section 14-32-2-9
Quorum
Status: in_force

Sec. 9. A majority of the members of the board constitutes a quorum. The concurrence of a majority of the members is required for the board to take any action.

[Pre-1995 Recodification Citation: 13-3-1-4(c) part.]

As added by P.L.1-1995, SEC.25.
Ind. Code § 14-37-10-1 — Indiana Code / Title 14 / Article 37 / Chapter 10 / Section 14-37-10-1
"Fund" defined
Status: in_force

Sec. 1. As used in this chapter, "fund" refers to the oil and gas environmental fund established by this chapter.

[Pre-1995 Recodification Citation: 13-8-12-1 part.]

As added by P.L.1-1995, SEC.30.
Ind. Code § 14-8-2-321 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-321
"Withdrawal use"
Status: in_force

Sec. 321. "Withdrawal use", for purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-9.

[Pre-1995 Recodification Citation: 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.
Ind. Code § 14-8-2-141 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-141
"Land conservation"
Status: in_force

Sec. 141. "Land conservation", for purposes of IC 14-32-7, has the meaning set forth in IC 14-32-7-3.

[Pre-1995 Recodification Citation: 13-4-3-3(c).]

As added by P.L.1-1995, SEC.1.
Ind. Code § 14-16-1-5 — Indiana Code / Title 14 / Article 16 / Chapter 1 / Section 14-16-1-5
"Operator"
Status: in_force

Sec. 5. As used in this chapter, "operator" means an individual who:

(1) operates; or

(2) is in actual physical control of;

an off-road vehicle or a snowmobile.

[Pre-1995 Recodification Citation: 14-1-3-1(a).]

As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.38.
Ind. Code § 14-22-3-4 — Indiana Code / Title 14 / Article 22 / Chapter 3 / Section 14-22-3-4
Remittance and transfer of money; records
Status: in_force

Sec. 4. (a) A court that collects money under section 3(1) of this chapter shall promptly remit the money to the department.

(b) The department shall, on the first day of each month, pay to the state comptroller all money received by the department under this section during the preceding month.

(c) The state comptroller shall keep a record of the money received and shall transfer the money to the treasurer of state.

[Pre-1995 Recodification Citation: 14-3-1-16(a) part, (b) part.]

As added by P.L.1-1995, SEC.15. Amended by P.L.9-2024, SEC.353.
Ind. Code § 14-21-1-7 — Indiana Code / Title 14 / Article 21 / Chapter 1 / Section 14-21-1-7
"Human remains" defined
Status: in_force

Sec. 7. As used in this chapter, "human remains" means any part of the body of a human being in any:

(1) stage of decomposition; or

(2) state of preservation.

[Pre-1995 Recodification Citation: 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.14.
Ind. Code § 14-29-1-1 — Indiana Code / Title 14 / Article 29 / Chapter 1 / Section 14-29-1-1
Petition
Status: in_force

Sec. 1. The board of county commissioners of each county may declare any stream or watercourse in the county navigable on the petition of at least twenty-four (24) freeholders of the county residing in the vicinity of the stream.

[Pre-1995 Recodification Citation: 13-2-4-1.]

As added by P.L.1-1995, SEC.22.
Ind. Code § 14-8-2-58.5 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-58.5
"Corrective action"
Status: in_force

Sec. 58.5. "Corrective action", for purposes of IC 14-39, has the meaning set forth in IC 14-39-0.6-12.5.

As added by P.L.161-2026, SEC.14.
Ind. Code § 14-27-4-1 — Indiana Code / Title 14 / Article 27 / Chapter 4 / Section 14-27-4-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to a levee association or corporation that meets the following conditions:

(1) The levee association or corporation was a levee association originally organized under Acts 1913, c.165, that:

(A) accepted the provisions of:

(i) IC 23-7-1 (before its repeal on September 2, 1971);

(ii) IC 23-7-1.1 (before its repeal on August 1, 1991); or

(iii) IC 23-17; and

(B) merged with a levee association originally organized under IC 23-7-1.

(2) The surviving corporation or association of the merger has in the articles of merger restated the provisions of the corporation's or association's articles to do the following:

(A) Include among the corporation's or association's purposes the construction, extension, changing, improvement, maintenance, or repair of a levee, dike, breakwater, dam, sewer, ditch, drain, diversion channel, creek, water course, pumping station, syphon, flood gate, waste gate, or a combination of more than one (1) of these objects or in any work determined to be necessary for or to be an aid to the protection, drainage, reclamation, or improvement of wet or overflowed land subject to overflow.

(B) Use all statutes relating to levees, ditches, and drains.

(3) At least one (1) of the following has occurred:

(A) The levee association has entered into a commitment with a state or federal authority or agency for the construction of a levee or for the planning of a levee.

(B) Federal or state money has been appropriated or expended in feasibility studies or for preconstruction planning before March 10, 1967, as a consequence of the commitment.

[Pre-1995 Recodification Citation: 13-2-28-1 part.]

As added by P.L.1-1995, SEC.20.
Ind. Code § 14-34-19-1.5 — Indiana Code / Title 14 / Article 34 / Chapter 19 / Section 14-34-19-1.5
Reclamation set-aside fund
Status: in_force

Sec. 1.5. (a) As used in this section, "fund" refers to the reclamation set-aside fund established by subsection (b).

(b) The reclamation set-aside fund is established for the following purposes:

(1) The protection of public health and property from the extreme danger of the adverse effects of coal mining practices.

(2) The assurance that safety and general welfare are not affected by the extreme danger of adverse effects of coal mining practices.

(3) The protection of public health from the adverse effects of coal mining practices.

(4) The assurance that safety and general welfare are not affected by the adverse effects of coal mining practices.

(5) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water, excluding channelization, woodland, fish and wildlife, recreation resources, and agricultural productivity.

(c) The department shall administer the fund.

(d) The fund consists of the following:

(1) Accrued interest and other investment earnings of the fund.

(2) Gifts, grants, donations, or appropriations from any source.

(e) Money in the fund does not revert to the state general fund at the end of a state fiscal year.

(f) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

As added by P.L.165-2011, SEC.28. Amended by P.L.6-2012, SEC.105.
Ind. Code § 14-33-7-10 — Indiana Code / Title 14 / Article 33 / Chapter 7 / Section 14-33-7-10
Loans from federal agencies for works of improvement
Status: in_force

Sec. 10. (a) The board may apply to the federal Farmers Home Administration, the United States Department of Housing and Urban Development, or any other federal agency authorized to make loans for works of improvement for a long term or short term loan to cover the following:

(1) Expenses of establishing the district.

(2) General, legal, and administrative expenses.

(3) Costs of engineering or other costs of preparing the district plan.

(4) Costs of putting the district plan into effect by the necessary construction, maintenance, and operation of the works of improvement that have been authorized by the approval of the district plan.

(5) Refinancing a loan whose proceeds have been used for any of the purposes described in this subsection.

(b) A loan under this section:

(1) may be evidenced by one (1) installment note or by a series of notes; and

(2) may be secured by:

(A) revenues; or

(B) the collection of the special benefits tax levied on the real property in the district.

If a loan is secured by a pledge of collection of the tax, the loan may be paid in whole or in part by revenues or the collection of assessments.

(c) If the board decides not to evidence the financing with a federal agency by an installment note or series of notes and instead prepares a bond issue, the bond issue may, in whole or in part, be offered for sale to the federal agency without:

(1) a public offering; or

(2) the securing of competitive bids on the bond offering.

(d) Repayment of a loan begins at the time upon which the board and the federal agency agree. The:

(1) amount of interest;

(2) time of making payments of interest; and

(3) interval at which interest must be paid;

are subject to the agreement of the parties.

[Pre-1995 Recodification Citation: 13-3-3-68(a), (c), (d).]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-39-0.5-1 — Indiana Code / Title 14 / Article 39 / Chapter 0.5 / Section 14-39-0.5-1
Adoption of rules
Status: in_force

Sec. 1. The natural resources commission, in coordination with the department, shall adopt rules under IC 4-22-2 to implement this article.

As added by P.L.158-2023, SEC.2. Amended by P.L.161-2026, SEC.37.
Ind. Code § 14-31-1-1 — Indiana Code / Title 14 / Article 31 / Chapter 1 / Section 14-31-1-1
Public policy
Status: reserved

Sec. 1. (a) As part of the continuing growth of the population and the development of the economy of Indiana, it is necessary and desirable that areas of unusual natural significance be set aside and preserved for the benefit of present and future generations before the areas have been destroyed. Once the areas have been destroyed, the areas cannot be wholly restored. The areas are irreplaceable as:

(1) laboratories for scientific research;

(2) reservoirs of natural materials, not all of the uses of which are now known;

(3) habitats for plant and animal species and biotic communities whose diversity enriches the meaning and enjoyment of human life;

(4) living museums where people may observe natural biotic and environmental systems of the earth and the interdependence of all forms of life; and

(5) reminders of the vital dependence of the health of the human community upon the health of the natural communities of which the human community is an inseparable part.

(b) It is essential to the people of Indiana that the people retain the opportunities to:

(1) maintain close contact with the living communities and environmental systems of the earth described in subsection (a); and

(2) benefit from the scientific, esthetic, cultural, and spiritual values the living communities and environmental systems possess.

(c) It is therefore the public policy of Indiana that:

(1) the department establish and maintain a registry of the areas described in subsection (a);

(2) the state acquire and preserve the areas described in subsection (a); and

(3) other agencies, organizations, and individuals, both public and private, be encouraged to set aside the areas described in subsection (a) for the common benefit of the people of present and future generations.

[Pre-1995 Recodification Citation: 14-4-5-1.]

As added by P.L.1-1995, SEC.24.
Ind. Code § 14-33-9-11 — Indiana Code / Title 14 / Article 33 / Chapter 9 / Section 14-33-9-11
Reservoir conservancy district maximum annual special benefits tax levy
Status: in_force

Sec. 11. (a) This section applies only to a reservoir conservancy district established under IC 14-33-24.

(b) Notwithstanding IC 14-33-7-1(b) and IC 14-33-21-5, the maximum annual levy of the special benefits tax imposed by the board of a reservoir conservancy district established under IC 14-33-24 is two million dollars ($2,000,000). The department of local government finance shall annually calculate the special benefits tax rate of the reservoir conservancy district which, when applied to the assessed valuation of the real property located within the boundaries of the reservoir conservancy district and not exempt from the special benefits tax, will produce revenue in the amount of the annual levy determined by the board of the reservoir conservancy district. The amount of the annual levy may be less than two million dollars ($2,000,000) but may not exceed two million dollars ($2,000,000).

(c) The board of a reservoir conservancy district shall certify under section 5(a) of this chapter to the auditor of each county having land in the reservoir conservancy district the special benefits tax rate calculated by the department of local government finance under subsection (b) that will produce the revenue amount of the annual levy determined by the board of the reservoir conservancy district, which may be less than two million dollars ($2,000,000) but may not exceed two million dollars ($2,000,000).

(d) The assessed value growth quotient determined under IC 6-1.1-18.5-2 does not apply to the amount of the maximum annual levy that may be imposed under this section.

As added by P.L.148-2020, SEC.15.
Ind. Code § 14-38-1-26 — Indiana Code / Title 14 / Article 38 / Chapter 1 / Section 14-38-1-26
Royalties
Status: in_force

Sec. 26. (a) This section applies when a royalty is required to be paid under this chapter:

(1) for oil, at the option of the commission:

(A) at the mouth of the wells into tanks provided by the commission; or

(B) into the pipeline with which the wells are connected, to the commission's credit; and

(2) for gas, including casinghead gas or other gaseous substance.

(b) The lessee shall account to the commission for the market value of the oil or gas at the well for all that is sold by the lessee or used by the lessee in the manufacture of gasoline or other products. At the election of the commission, instead of delivering the royalty, when oil in kind, the lessee shall purchase the oil at the oil's market value at the well when produced.

[Pre-1995 Recodification Citation: 14-4-3-22.]

As added by P.L.1-1995, SEC.31.
Ind. Code § 14-25-7-12 — Indiana Code / Title 14 / Article 25 / Chapter 7 / Section 14-25-7-12
Powers of commission
Status: in_force

Sec. 12. The commission may do the following:

(1) Collect and disseminate information relating to the water resource.

(2) Consult with and advise all users of the water resource as to availability of the water resource and the most practical method of water withdrawal, development, conservation, and use.

(3) Make the necessary investigations and inspections for proper administration of this chapter.

(4) Enter at reasonable times with proper notice upon any property other than a dwelling place for the purpose of inspecting and investigating significant water withdrawal facilities or enforcing this chapter.

(5) Establish, by rule, the criteria for the determination of minimum stream flows and minimum ground water levels.

(6) When necessary for the proper administration and enforcement of this chapter, require the metering or other reasonable measurement of water withdrawals from significant water withdrawal facilities and the reporting of the metering or measurement to the commission.

(7) Cooperate with other state and local agencies, other states and their state agencies, and agencies of the United States in water resource development, conservation, and use.

(8) Accept and administer money from any source to aid in carrying out this chapter.

(9) Exercise the additional authority necessary to carry out this chapter.

[Pre-1995 Recodification Citation: 13-2-6.1-4.]

As added by P.L.1-1995, SEC.18.
Ind. Code § 14-28-4-3 — Indiana Code / Title 14 / Article 28 / Chapter 4 / Section 14-28-4-3
Establishment of flood plain commissions
Status: in_force

Sec. 3. A county or municipality may establish a flood plain commission by ordinance of the unit's legislative body. The commission may regulate land uses within identified flood hazard areas under this chapter.

[Pre-1995 Recodification Citation: 13-2-22.6-2.]

As added by P.L.1-1995, SEC.21.
Ind. Code § 14-25-17-4 — Indiana Code / Title 14 / Article 25 / Chapter 17 / Section 14-25-17-4
"Notable user"
Status: in_force

Sec. 4. As used in this chapter, "notable user" means a person that transfers or proposes to transfer:

(1) more than an annual average of thirty million (30,000,000) gallons of water per day; or

(2) water from an area determined by the department under IC 14-25-3 to be a restricted use area.

As added by P.L.99-2025, SEC.4.
Ind. Code § 14-38-1-22 — Indiana Code / Title 14 / Article 38 / Chapter 1 / Section 14-38-1-22
Development considerations
Status: in_force

Sec. 22. (a) After the issuance of a petroleum lease the lessee shall proceed to develop the petroleum in the land through the drilling of the wells that will efficiently extract the petroleum. The development must take into account the following:

(1) The productiveness of the producing horizon.

(2) The depth at which the producing horizon occurs.

(3) The average cost of wells.

(4) The market requirements obtaining at any given time.

(5) The maintenance of proper oil and gas ratios.

(b) The commission shall determine, either by rule or by inclusion in the terms of a lease, the rapidity and extent of development of the oil, gas, or other petroleum field covered by the lease.

[Pre-1995 Recodification Citation: 14-4-3-18.]

As added by P.L.1-1995, SEC.31.
Ind. Code § 14-10-2-5 — Indiana Code / Title 14 / Article 10 / Chapter 2 / Section 14-10-2-5
Rules
Status: in_force

Sec. 5. (a) The department may adopt rules under IC 4-22-2 to carry out the duties of the department under the following:

(1) IC 14-9.

(2) This article.

(3) IC 14-11.

(4) IC 14-12-2.

(5) IC 14-14.

(6) IC 14-15.

(7) IC 14-17-3.

(8) IC 14-18, except IC 14-18-6 and IC 14-18-8.

(9) IC 14-19-1 and IC 14-19-8.

(10) IC 14-21.

(11) IC 14-22-3, IC 14-22-4, and IC 14-22-5.

(12) IC 14-23-1.

(13) IC 14-24.

(14) IC 14-25, except IC 14-25-8-3 and IC 14-25-13.

(15) IC 14-26.

(16) IC 14-27.

(17) IC 14-28.

(18) IC 14-29.

(19) IC 14-35-1, IC 14-35-2, and IC 14-35-3.

(20) IC 14-37.

(21) IC 14-38, except IC 14-38-3.

(22) IC 14-39.

(b) An emergency rule adopted under subsection (a) (as effective before July 1, 2023) expires not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register.

(c) A person who violates:

(1) an emergency rule adopted by the department under IC 4-22-2-37.1 before July 1, 2023; or

(2) a rule adopted by the department under IC 4-22-2 after June 30, 2023;

to carry out a provision described in subsection (a) commits a Class C infraction, unless otherwise specified under state law.

[Pre-1995 Recodification Citation: 14-3-3-26.]

As added by P.L.1-1995, SEC.3. Amended by P.L.186-2003, SEC.34; P.L.123-2006, SEC.32; P.L.140-2011, SEC.2; P.L.167-2011, SEC.13; P.L.133-2012, SEC.172; P.L.195-2017, SEC.4; P.L.154-2019, SEC.1; P.L.164-2020, SEC.47; P.L.158-2023, SEC.1; P.L.249-2023, SEC.69; P.L.93-2024, SEC.120.
Ind. Code § 14-25-15-1 — Indiana Code / Title 14 / Article 25 / Chapter 15 / Section 14-25-15-1
Agreement for the compact
Status: in_force

Sec. 1. The following interstate agreement on the use of water resources in the Great Lakes—St. Lawrence River basin is enacted into law and entered into by this state with all other states legally joining the interstate agreement in substantially the following form:

AGREEMENT

Section 1. The states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, and the Commonwealth of Pennsylvania hereby solemnly covenant and agree with each other, upon enactment of concurrent legislation by the respective state legislatures and consent by the Congress of the United States as follows:

GREAT LAKES—ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT

ARTICLE 1

SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION

Section 1.1. Short title. This act shall be known and may be cited as the "Great Lakes—St. Lawrence River Basin Water Resources Compact".

Section 1.2. Definitions. For the purposes of the compact, and of any supplemental or concurring legislation enacted under the compact, except as may be otherwise required by the context:

"Adaptive management" means a water resources management system that provides a systematic process for evaluation, monitoring, and learning from the outcomes of operational programs and adjustment of policies, plans, and programs based on experience and the evolution of scientific knowledge concerning water resources and water dependent natural resources.

"Agreement" means the Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement.

"Applicant" means a person who is required to submit a proposal that is subject to management and regulation under the compact. "Application" has a corresponding meaning.

"Basin" or "Great Lakes—St. Lawrence River basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivières, Québec, within the jurisdiction of the parties.

"Basin ecosystem" or "Great Lakes—St. Lawrence River basin ecosystem" means the interacting components of air, land, water, and living organisms, including humankind, within the basin.

"Community within a straddling county" means any incorporated city, town, or the equivalent thereof, that is located outside the basin but wholly within a county that lies partly within the basin and that is not a straddling community.

"Compact" means this compact.

"Consumptive use" means that portion of the water withdrawn or withheld from the basin that is lost or otherwise not returned to the basin due to evaporation, incorporation into products, or other processes.

"Council" means the Great Lakes—St. Lawrence River basin water resources council, created by the compact.

"Council review" means the collective review by the council members as described in article 4 of the compact.

"County" means the largest territorial division for local government in a state. The county boundaries shall be defined as those boundaries that exist as of December 13, 2005.

"Cumulative impacts" means the impact on the basin ecosystem that results from incremental effects of all aspects of a withdrawal, diversion, or consumptive use in addition to other past, present, and reasonably foreseeable future withdrawals, diversions, and consumptive uses regardless of who undertakes the other withdrawals, diversions, and consumptive uses. Cumulative impacts can result from individually minor but collectively significant withdrawals, diversions, and consumptive uses taking place over a period of time.

"Decision making standard" means the decision making standard established by section 4.11 for proposals subject to management and regulation in section 4.10.

"Diversion" means a transfer of water from the basin into another watershed, or from the watershed of one (1) of the Great Lakes into that of another by any means of transfer, including but not limited to a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, a tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the basin or watershed. "Divert" has a corresponding meaning.

"Environmentally sound and economically feasible water conservation measures" means those measures, methods, technologies, or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use, or diversion that:

(i) are environmentally sound;

(ii) reflect best practices applicable to the water use sector;

(iii) are technically feasible and available;

(iv) are economically feasible and cost effective based on an analysis that considers direct and avoided economic and environmental costs; and

(v) consider the particular facilities and processes involved, taking into account the environmental impact, age of equipment and facilities involved, processes employed, energy impacts, and other appropriate factors.

"Exception" means a transfer of water that is excepted under section 4.9 from the prohibition against diversions in section 4.8.

"Exception standard" means the standard for exceptions established in section 4.9.4.

"Intra-basin transfer" means the transfer of water from the watershed of one (1) of the Great Lakes into the watershed of another Great Lake.

"Measures" means any legislation, law, regulation, directive, requirement, guideline, program, policy, administrative practice, or other procedure.

"New or increased diversion" means a new diversion, an increase in an existing diversion, or the alteration of an existing withdrawal so that it becomes a diversion.

"New or increased withdrawal or consumptive use" means a new withdrawal or consumptive use or an increase in an existing withdrawal or consumptive use.

"Originating party" means the party within whose jurisdiction an application or registration is made or required.

"Party" means a state party to the compact.

"Person" means a human being or a legal person, including a government or a nongovernmental organization, including any scientific, professional, business, nonprofit, or public interest organization or association that is neither affiliated with, nor under the direction of, a government.

"Product" means something produced in the basin by human or mechanical effort or through agricultural processes and used in manufacturing, commercial, or other processes or intended for intermediate or end use consumers.

(i) Water used as part of the packaging of a product shall be considered to be part of the product.

(ii) Other than water used as part of the packaging of a product, water that is used primarily to transport materials in or out of the basin is not a product or part of a product.

(iii) Except as provided in item (i), water that is transferred as part of a public or private supply is not a product or part of a product.

(iv) Water in its natural state such as in lakes, rivers, reservoirs, aquifers, or water basins is not a product.

"Proposal" means a withdrawal, diversion, or consumptive use of water that is subject to the compact.

"Province" means Ontario or Québec.

"Public water supply purposes" means water distributed to the public through a physically connected system of treatment, storage, and distribution facilities serving a group of largely residential customers that may also serve industrial, commercial, and other institutional operators. Water withdrawn directly from the basin and not through such a system shall not be considered to be used for public water supply purposes.

"Regional body" means the members of the council and the premiers of Ontario and Québec or their designee as established by the agreement.

"Regional review" means the collective review by the regional body as described in article 4 of the compact.

"Source watershed" means the watershed from which a withdrawal originates. If water is withdrawn directly from a Great Lake or from the St. Lawrence River, then the source watershed shall be considered to be the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively. If water is withdrawn from the watershed of a stream that is a direct tributary to a Great Lake or a direct tributary to the St. Lawrence River, then the source watershed shall be considered to be the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively, with a preference to the direct tributary stream watershed from which it was withdrawn.

"Standard of review and decision" means the exception standard, decision making standard, and reviews as outlined in article 4 of the compact.

"State" means one (1) of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, or Wisconsin, or the Commonwealth of Pennsylvania.

"Straddling community" means any incorporated city, town, or the equivalent thereof, wholly within any county that lies partly or completely within the basin, whose corporate boundary existing as of the effective date of the compact, is partly within the basin or partly within two (2) Great Lakes watersheds.

"Technical review" means a detailed review conducted to determine whether or not a proposal that requires regional review under the compact meets the standard of review and decision following procedures and guidelines as set out in the compact.

"Water" means ground or surface water contained within the basin.

"Water dependent natural resources" means the interacting components of land, water, and living organisms affected by the waters of the basin.

"Waters of the basin" or "basin water" means the Great Lakes and all streams, rivers, lakes, connecting channels, and other bodies of water, including tributary groundwater, within the basin.

"Withdrawal" means the taking of water from surface water or groundwater. "Withdraw" has a corresponding meaning.

Section 1.3. Findings and purposes. The legislative bodies of the respective parties hereby find and declare:

1. Findings:

a. the waters of the basin are precious public natural resources shared and held in trust by the states;

b. the waters of the basin are interconnected and part of a single hydrologic system;

c. the waters of the basin can concurrently serve multiple uses. Such multiple uses include municipal, public, industrial, commercial, agriculture, mining, navigation, energy development and production, recreation, the subsistence, economic and cultural activities of native peoples, water quality maintenance, and the maintenance of fish and wildlife habitat and a balanced ecosystem; and, other purposes are encouraged, recognizing that such uses are interdependent and must be balanced;

d. future diversions and consumptive uses of basin water resources have the potential to significantly impact the environment, economy, and welfare of the Great Lakes—St. Lawrence River region;

e. continued sustainable, accessible, and adequate water supplies for the people and economy of the basin are of vital importance; and

f. the parties have a shared duty to protect, conserve, restore, improve, and manage the renewable but finite waters of the basin for the use, benefit, and enjoyment of all their citizens, including generations yet to come. The most effective means of protecting, conserving, restoring, improving, and managing the basin waters is through the joint pursuit of unified and cooperative principles, policies, and programs mutually agreed upon, enacted, and adhered to by all parties.

2. Purposes:

a. to act together to protect, conserve, restore, improve, and effectively manage the waters and water dependent natural resources of the basin under appropriate arrangements for intergovernmental cooperation and consultation because current lack of full scientific certainty should not be used as a reason for postponing measures to protect the basin ecosystem;

b. to remove causes of present and future controversies;

c. to provide for cooperative planning and action by the parties with respect to such water resources;

d. to facilitate consistent approaches to water management across the basin while retaining state management authority over water management decisions within the basin;

e. to facilitate the exchange of data, strengthen the scientific information base upon which decisions are made, and engage in consultation on the potential effects of proposed withdrawals and losses on the waters and water dependent natural resources of the basin;

f. to prevent significant adverse impacts of withdrawals and losses on the basin's ecosystems and watersheds;

g. to promote interstate and state-provincial comity; and

h. to promote an adaptive management approach to the conservation and management of basin water resources, which recognizes, considers, and provides adjustments for the uncertainties in, and evolution of, scientific knowledge concerning the basin's waters and water dependent natural resources.

Section 1.4. Science.

1. The parties commit to provide leadership for the development of a collaborative strategy with other regional partners to strengthen the scientific basis for sound water management decision making under the compact.

2. The strategy shall guide the collection and application of scientific information to support:

a. an improved understanding of the individual and cumulative impacts of withdrawals from various locations and water sources on the basin ecosystem and to develop a mechanism by which impacts of withdrawals may be assessed;

b. the periodic assessment of cumulative impacts of withdrawals, diversions, and consumptive uses on the Great Lakes and St. Lawrence River watershed basin;

c. improved scientific understanding of the waters of the basin;

d. improved understanding of the role of groundwater in basin water resources management; and

e. the development, transfer, and application of science and research related to water conservation and water use efficiency.

ARTICLE 2

ORGANIZATION

Section 2.1. Council created. The Great Lakes—St. Lawrence River Basin water resources council is hereby created as a body politic and corporate, with succession for the duration of the compact, as an agency and instrumentality of the governments of the respective parties.

Section 2.2. Council membership. The council shall consist of the governors of the parties, ex officio.

Section 2.3. Alternates. Each member of the council shall appoint at least one (1) alternate who may act in his or her place and stead, with authority to attend all meetings of the council and with power to vote in the absence of the member. Unless otherwise provided by law of the party for which he or she is appointed, each alternate shall serve during the term of the member appointing him or her, subject to removal at the pleasure of the member. In the event of a vacancy in the office of alternate, it shall be filled in the same manner as an original appointment for the unexpired term only.

Section 2.4. Voting.

1. Each member is entitled to one (1) vote on all matters that may come before the council.

2. Unless otherwise stated, the rule of decision shall be by a simple majority.

3. The council shall annually adopt a budget for each fiscal year, and the amount required to balance the budget shall be apportioned equitably among the parties by unanimous vote of the council. The appropriation of such amounts shall be subject to such review and approval as may be required by the budgetary processes of the respective parties.

4. The participation of council members from a majority of the parties shall constitute a quorum for the transaction of business at any meeting of the council.

Section 2.5. Organization and procedure. The council shall provide for its own organization and procedure, and may adopt rules and regulations governing its meetings and transactions, as well as the procedures and timeline for submission, review, and consideration of proposals that come before the council for its review and action. The council shall organize, annually, by the election of a chair and vice chair from among its members. Each member may appoint an adviser, who may attend all meetings of the council and its committees, but shall not have voting power. The council may employ or appoint professional and administrative personnel, including an executive director, as it may deem advisable, to carry out the purposes of the compact.

Section 2.6. Use of existing offices and agencies. It is the policy of the parties to preserve and utilize the functions, powers, and duties of existing offices and agencies of government to the extent consistent with the compact. Further, the council shall promote and aid the coordination of the activities and programs of the parties concerned with water resources management in the basin. To this end, but without limitation, the council may:

1. advise, consult, contract, assist, or otherwise cooperate with any and all such agencies;

2. employ any other agency or instrumentality of any of the parties for any purpose; and

3. develop and adopt plans consistent with the water resources plans of the parties.

Section 2.7. Jurisdiction. The council shall have, exercise, and discharge its functions, powers, and duties within the limits of the basin. Outside the basin, it may act in its discretion, but only to the extent such action may be necessary or convenient to effectuate or implement its powers or responsibilities within the basin and subject to the consent of the jurisdiction wherein it proposes to act.

Section 2.8. Status, immunities, and privileges. The council, its members, and personnel in their official capacity and when engaged directly in the affairs of the council, its property, and its assets, wherever located and by whomsoever held, shall enjoy the same immunity from suit and every form of judicial process as is enjoyed by the parties, except to the extent that the council may expressly waive its immunity for the purposes of any proceedings or by the terms of any contract.

The property and assets of the council, wherever located and by whomsoever held, shall be considered public property and shall be immune from search, requisition, confiscation, expropriation, or any other form of taking or foreclosure by executive or legislative action.

The council, its property, and its assets, income and the operations it carries out under the compact shall be immune from all taxation by or under the authority of any of the parties or any political subdivision thereof. However, in lieu of property taxes, the council may make reasonable payments to local taxing districts in annual amounts that shall approximate the taxes lawfully assessed upon similar property.

Section 2.9. Advisory committees. The council may constitute and empower advisory committees, which may be comprised of representatives of the public and of federal, state, tribal, county, and local governments, water resources agencies, water using industries and sectors, water interest groups, and academic experts in related fields.

ARTICLE 3

GENERAL POWERS AND DUTIES

Section 3.1. General. The waters and water dependent natural resources of the basin are subject to the sovereign right and responsibilities of the parties, and it is the purpose of the compact to provide for joint exercise of such powers of sovereignty by the council in the common interests of the people of the region, in the manner and to the extent provided in the compact. The council and the parties shall use the standard of review and decision and procedures contained in or adopted under the compact as the means to exercise their authority under the compact.

The council may revise the standard of review and decision, after consultation with the provinces and upon unanimous vote of all council members, by regulation duly adopted in accordance with section 3.3 of the compact and in accordance with each party's respective statutory authorities and applicable procedures.

The council shall identify priorities and develop plans and policies relating to basin water resources. It shall adopt and promote uniform and coordinated policies for water resources conservation and management in the basin.

Section 3.2. Council powers. The council may:

1. plan;

2. conduct research and collect, compile, analyze, interpret, report, and disseminate data on water resources and uses;

3. forecast water levels;

4. conduct investigations;

5. institute court actions;

6. design, acquire, construct, reconstruct, own, operate, maintain, control, sell, and convey real and personal property and any interest therein as it may deem necessary, useful or convenient to carry out the purposes of the compact;

7. make contracts;

8. receive and accept such payments, appropriations, grants, gifts, loans, advances, and other funds, properties, and services as may be transferred or made available to it by any party or by any other public or private agency, corporation, or individual; and

9. exercise such other and different powers as may be delegated to it by the compact or otherwise under law, and have and exercise all powers necessary or convenient to carry out its express powers or which may be reasonably implied therefrom.

Section 3.3. Rules and regulations.

1. The council may promulgate and enforce such rules and regulations as may be necessary for the implementation and enforcement of the compact. The council may adopt by regulation, after public notice and public hearing, reasonable application fees with respect to those proposals for exceptions that are subject to council review under section 4.9 of the compact. Any rule or regulation of the council, other than one that deals solely with the internal management of the council or its property, shall be adopted only after public notice and hearing.

2. Each party, in accordance with its respective statutory authorities and applicable procedures, may adopt and enforce rules and regulations to implement and enforce the compact and the programs adopted by such party to carry out the management programs contemplated by the compact.

Section 3.4. Program review and findings.

1. Each party shall submit a report to the council and the regional body detailing its water management and conservation and efficiency programs that implement the compact. The report shall set out the manner in which water withdrawals are managed by sector, water source, quantity, or any other means, and how the provisions of the standard of review and decision and conservation and efficiency programs are implemented. The first report shall be provided by each party one (1) year from the effective date of the compact and thereafter every five (5) years.

2. The council, in cooperation with the provinces, shall review its water management and conservation and efficiency programs and those of the parties that are established in the compact and make findings on whether the water management program provisions in the compact are being met and, if not, recommend options to assist the parties in meeting the provisions of the compact. Such review shall take place:

a. thirty (30) days after the first report is submitted by all parties;

b. every five (5) years after the effective date of the compact; and

c. at any other time at the request of one (1) of the parties.

3. As one of its duties and responsibilities, the council may recommend a range of approaches to the parties with respect to the development, enhancement, and application of water management and conservation and efficiency programs to implement the standard of review and decision reflecting improved scientific understanding of the waters of the basin, including groundwater, and the impacts of withdrawals on the basin ecosystem.

ARTICLE 4

WATER MANAGEMENT AND REGULATION

Section 4.1. Water resources inventory, registration, and reporting.

1. Within five (5) years of the effective date of the compact, each party shall develop and maintain a water resources inventory for the collection, interpretation, storage, retrieval exchange, and dissemination of information concerning the water resources of the party, including, but not limited to, information on the location, type, quantity, and use of those resources and the location, type, and quantity of withdrawals, diversions, and consumptive uses. To the extent feasible, the water resources inventory shall be developed in cooperation with local, state, federal, tribal, and other private agencies and entities, as well as the council. Each party's agencies shall cooperate with that party in the development and maintenance of the inventory.

2. The council shall assist each party to develop a common base of data regarding the management of the water resources of the basin and to establish systematic arrangements for the exchange of those data with other states and provinces.

3. To develop and maintain a compatible base of water use information, within five (5) years of the effective date of the compact any person who withdraws water in an amount of one hundred thousand (100,000) gallons per day or greater average in any thirty (30) day period (including consumptive uses) from all sources, or diverts water of any amount, shall register the withdrawal or diversion by a date set by the council unless the person has previously registered in accordance with an existing state program. The person shall register the withdrawal or diversion with the originating party using a form prescribed by the originating party that shall include, at a minimum and without limitation:

a. the name and address of the registrant and date of registration;

b. the locations and sources of the withdrawal or diversion;

c. the capacity of the withdrawal or diversion per day and the amount withdrawn or diverted from each source;

d. the uses made of the water;

e. places of use and places of discharge; and

f. such other information as the originating party may require.

All registrations shall include an estimate of the volume of the withdrawal or diversion in terms of gallons per day average in any thirty (30) day period.

4. All registrants shall annually report the monthly volumes of the withdrawal, consumptive use, and diversion in gallons to the originating party and any other information requested by the originating party.

5. Each party shall annually report the information gathered under this section to a Great Lakes—St. Lawrence River water use data base repository, and aggregated information shall be made publicly available, consistent with the confidentiality requirements in section 8.3 of the compact.

6. Information gathered by the parties under this section shall be used to improve the sources and applications of scientific information regarding the waters of the basin and the impacts of the withdrawals and diversions from various locations and water sources on the basin ecosystem, and to better understand the role of groundwater in the basin. The council and the parties shall coordinate the collection and application of scientific information to further develop a mechanism by which individual and cumulative impacts of withdrawals, consumptive uses, and diversions shall be assessed.

Section 4.2. Water conservation and efficiency programs.

1. The council commits to identify, in cooperation with the provinces, basinwide water conservation and efficiency objectives to assist the parties in developing their water conservation and efficiency program. These objectives are based on the goals of:

a. ensuring improvement of the waters and water dependent natural resources;

b. protecting and restoring the hydrologic and ecosystem integrity of the basin;

c. retaining the quantity of surface water and groundwater in the basin;

d. ensuring sustainable use of waters of the basin; and

e. promoting the efficiency of use and reducing losses and waste of water.

2. Within two (2) years of the effective date of the compact, each party shall develop its own water conservation and efficiency goals and objectives consistent with the basinwide goals and objectives, and shall develop and implement a water conservation and efficiency program, either voluntary or mandatory, within its jurisdiction based on the party's goals and objectives. Each party shall annually assess its programs in meeting the party's goals and objectives, report to the council and the regional body and make this annual assessment available to the public.

3. Beginning five (5) years after the effective date of the compact, and every five (5) years thereafter, the council, in cooperation with the provinces, shall review and modify as appropriate the basinwide objectives, and the parties shall have regard for any such modifications in implementing their programs. This assessment will be based on examining new technologies, new patterns of water use, new resource demands and threats, and cumulative impact assessment under section 4.15.

4. Within two (2) years of the effective date of the compact, the parties commit to promote environmentally sound and economically feasible water conservation measures such as:

a. measures that promote efficient use of water;

b. identification and sharing of best management practices and state of the art conservation and efficiency technologies;

c. application of sound planning principles;

d. demand-side and supply-side measures or incentives; and

e. development, transfer, and application of science and research.

5. Each party shall implement in accordance with paragraph 2 above a voluntary or mandatory water conservation program for all, including existing basin water users. Conservation programs need to adjust to new demands and the potential impacts of cumulative effects and climate.

Section 4.3. Party powers and duties.

1. Each party, within its jurisdiction, shall manage and regulate new or increased withdrawals, consumptive uses, and diversions, including exceptions, in accordance with the compact.

2. Each party shall require an applicant to submit an application in such manner and with such accompanying information as the party shall prescribe.

3. No party may approve a proposal if the party determines that the proposal is inconsistent with the compact or the standard of review and decision or any implementing rules or regulations promulgated thereunder. The party may approve, approve with modifications, or disapprove any proposal depending on the proposal's consistency with the compact and the standard of review and decision.

4. Each party shall monitor the implementation of any approved proposal to ensure consistency with the approval and may take all necessary enforcement actions.

5. No party shall approve a proposal subject to council or regional review, or both, under the compact unless it shall have been first submitted to and reviewed by either the council or regional body, or both, and approved by the council, as applicable. Sufficient opportunity shall be provided for comment on the proposal's consistency with the compact and the standard of review and decision. All such comments shall become part of the party's formal record of decision, and the party shall take into consideration any such comments received.

Section 4.4. Requirement for originating party approval. No proposal subject to management and regulation under the compact shall hereafter be undertaken by any person unless it shall have been approved by the originating party.

Section 4.5. Regional review.

1. General.

a. It is the intention of the parties to participate in regional review of proposals with the provinces, as described in the compact and the agreement.

b. Unless the applicant or the originating party otherwise requests, it shall be the goal of the regional body to conclude its review no later than ninety (90) days after notice under paragraph 2 of this section of such proposal is received from the originating party.

c. Proposals for exceptions subject to regional review shall be submitted by the originating party to the regional body for regional review and, where applicable, to the council for concurrent review.

d. The parties agree that the protection of the integrity of the Great Lakes—St. Lawrence River basin ecosystem shall be the overarching principle for reviewing proposals subject to regional review, recognizing uncertainties with respect to demands that may be placed on basin water, including groundwater, levels and flows of the Great Lakes and the St. Lawrence River, future changes in environmental conditions, the reliability of existing data, and the extent to which diversions may harm the integrity of the basin ecosystem.

e. The originating party shall have lead responsibility for coordinating information for resolution of issues related to evaluation of a proposal, and shall consult with the applicant throughout the regional review process.

f. A majority of the members of the regional body may request regional review of a regionally significant or potentially precedent setting proposal. Such regional review must be conducted, to the extent possible, within the time frames set forth in this section. Any such regional review shall be undertaken only after consulting the applicant.

2. Notice from originating party to the regional body.

a. The originating party shall determine if a proposal is subject to regional review. If so, the originating party shall provide timely notice to the regional body and the public.

b. Such notice shall not be given unless and until all information, documents, and the originating party's technical review needed to evaluate whether the proposal meets the standard of review and decision have been provided.

c. An originating party may:

i. provide notice to the regional body of an application, even if notification is not required; or

ii. request regional review of an application, even if regional review is not required. Any such regional review shall be undertaken only after consulting the applicant.

d. An originating party may provide preliminary notice of a potential proposal.

3. Public participation.

a. To ensure adequate public participation, the regional body shall adopt procedures for the review of proposals that are subject to regional review in accordance with this article of the compact.

b. The regional body shall provide notice to the public of a proposal undergoing regional review. Such notice shall indicate that the public has an opportunity to comment in writing to the regional body on whether the proposal meets the standard of review and decision.

c. The regional body shall hold a public meeting in the state or province of the originating party in order to receive public comment on the issue of whether the proposal under consideration meets the standard of review and decision.

d. The regional body shall consider the comments received before issuing a declaration of finding.

e. The regional body shall forward the comments it receives to the originating party.

4. Technical review.

a. The originating party shall provide the regional body with its technical review of the proposal under consideration.

b. The originating party's technical review shall thoroughly analyze the proposal and provide an evaluation of the proposal sufficient for a determination of whether the proposal meets the standard of review and decision.

c. Any member of the regional body may conduct the member's own technical review of any proposal subject to regional review.

d. At the request of the majority of its members, the regional body shall make such arrangements as it considers appropriate for an independent technical review of a proposal.

e. All parties shall exercise their best efforts to ensure that a technical review undertaken under sections 4.5.4.c and 4.5.4.d does not unnecessarily delay the decision by the originating party on the application. Unless the applicant or the originating party otherwise requests, all technical reviews shall be completed no later than sixty (60) days after the date the notice of the proposal was given to the regional body.

5. Declaration of finding.

a. The regional body shall meet to consider a proposal. The applicant shall be provided with an opportunity to present the proposal to the regional body at such time.

b. The regional body, having considered the notice, the originating party's technical review, any other independent technical review that is made, any comments or objections including the analysis of comments made by the public, First Nations and federally recognized tribes, and any other information that is provided under the compact shall issue a declaration of finding that the proposal under consideration:

i. meets the standard of review and decision;

ii. does not meet the standard of review and decision; or

iii. would meet the standard of review and decision if certain conditions were met.

c. An originating party may decline to participate in a declaration of finding made by the regional body.

d. The parties recognize and affirm that it is preferable for all members of the regional body to agree whether the proposal meets the standard of review and decision.

e. If the members of the regional body who participate in the declaration of finding all agree, they shall issue a written declaration of finding with consensus.

f. In the event that the members cannot agree, the regional body shall make every reasonable effort to achieve consensus within twenty-five (25) days.

g. Should consensus not be achieved, the regional body may issue a declaration of finding that presents different points of view and indicates each party's conclusions.

h. The regional body shall release the declarations of finding to the public.

i. The originating party and the council shall consider the declaration of finding before making a decision on the proposal.

Section 4.6. Proposals subject to prior notice.

1. Beginning no later than five (5) years after the effective date of the compact, the originating party shall provide all parties and the provinces with detailed and timely notice and an opportunity to comment within ninety (90) days on any proposal for a new or increased consumptive use of five million (5,000,000) gallons per day or greater average in any ninety (90) day period. Comments shall address whether or not the proposal is consistent with the standard of review and decision. The originating party shall provide a response to any such comment received from another party.

2. A party may provide notice, an opportunity to comment, and a response to comments even if this is not required under paragraph 1 of this section. Any provision of such notice and opportunity to comment shall be undertaken only after consulting the applicant.

Section 4.7. Council actions.

1. Proposals for exceptions subject to council review shall be submitted by the originating party to the council for council review and, where applicable, to the regional body for concurrent review.

2. The council shall review and take action on proposals in accordance with the compact and the standard of review and decision. The council shall not take action on a proposal subject to regional review under the compact unless the proposal shall have been first submitted to and reviewed by the regional body. The council shall consider any findings resulting from such review.

Section 4.8. Prohibition of new or increased diversions. All new or increased diversions are prohibited, except as provided for in this article of the compact.

Section 4.9. Exceptions to the prohibition of diversions.

1. Straddling communities. A proposal to transfer water to an area within a straddling community but outside the basin or outside the source Great Lake watershed shall be excepted from the prohibition against diversions and be managed and regulated by the originating party provided that, regardless of the volume of water transferred, all the water so transferred shall be used solely for public water supply purposes within the straddling community, and:

a. all water withdrawn from the basin shall be returned, either naturally or after use, to the source watershed less an allowance for consumptive use. No surface water or groundwater from outside the basin may be used to satisfy any portion of this criterion except if it:

i. is part of a water supply or wastewater treatment system that combines water from inside and outside of the basin;

ii. is treated to meet applicable water quality discharge standards and to prevent the introduction of invasive species into the basin; and

iii. maximizes the portion of water returned to the source watershed as basin water and minimizes the surface water or groundwater from outside the basin;

b. if the proposal results from a new or increased withdrawal of one hundred thousand (100,000) gallons per day or greater average over any ninety (90) day period, the proposal shall also meet the exception standard; and

c. if the proposal results in a new or increased consumptive use of five million (5,000,000) gallons per day or greater average over any ninety (90) day period, the proposal shall also undergo regional review.

2. Intra-basin transfer. A proposal for an intra-basin transfer that would be considered a diversion under the compact, and not already excepted under paragraph 1 of this section, shall be excepted from the prohibition against diversions, provided that:

a. If the proposal results from a new or increased withdrawal less than one hundred thousand (100,000) gallons per day average over any ninety (90) day period, the proposal shall be subject to management and regulation at the discretion of the originating party.

b. If the proposal results from a new or increased withdrawal of one hundred thousand (100,000) gallons per day or greater average over any ninety (90) day period and if the consumptive use resulting from the withdrawal is less than five million (5,000,000) gallons per day average over any ninety (90) day period:

i. the proposal shall meet the exception standard and be subject to management and regulation by the originating party, except that the water may be returned to another Great Lake watershed rather than the source watershed;

ii. the applicant shall demonstrate that there is no feasible, cost effective, and environmentally sound water supply alternative within the Great Lake watershed to which the water will be transferred, including conservation of existing water supplies; and

iii. the originating party shall provide notice to the other parties prior to making any decision with respect to the proposal.

c. If the proposal results in a new or increased consumptive use of five million (5,000,000) gallons per day or greater average over any ninety (90) day period:

i. the proposal shall be subject to management and regulation by the originating party and shall meet the exception standard, ensuring that water withdrawn shall be returned to the source watershed;

ii. the applicant shall demonstrate that there is no feasible, cost effective, and environmentally sound water supply alternative within the Great Lake watershed to which the water will be transferred, including conservation of existing water supplies;

iii. the proposal undergoes regional review; and

iv. the proposal is approved by the council. Council approval shall be given unless one (1) or more council members vote to disapprove.

3. Straddling counties. A proposal to transfer water to a community within a straddling county that would be considered a diversion under the compact shall be excepted from the prohibition against diversions, provided that it satisfies all of the following conditions:

a. The water shall be used solely for the public water supply purposes of the community within a straddling county that is without adequate supplies of potable water.

b. The proposal meets the exception standard, maximizing the portion of water returned to the source watershed as basin water and minimizing the surface water or groundwater from outside the basin.

c. The proposal shall be subject to management and regulation by the originating party, regardless of its size.

d. There is no reasonable water supply alternative within the basin in which the community is located, including conservation of existing water supplies.

e. Caution shall be used in determining whether or not the proposal meets the conditions for this exception. This exception should not be authorized unless it can be shown that it will not endanger the integrity of the basin ecosystem.

f. The proposal undergoes regional review.

g. The proposal is approved by the council. Council approval shall be given unless one (1) or more council members vote to disapprove.

A proposal must satisfy all of the conditions listed above. Further, substantive consideration will also be given to whether or not the proposal can provide sufficient scientifically based evidence that the existing water supply is derived from groundwater that is hydrologically interconnected to waters of the basin.

4. Exception standard. Proposals subject to management and regulation in this section shall be declared to meet this exception standard and may be approved as appropriate only when the following criteria are met:

a. The need for all or part of the proposed exception cannot be reasonably avoided through the efficient use and conservation of existing water supplies.

b. The exception will be limited to quantities that are considered reasonable for the purposes for which it is proposed.

c. All water withdrawn shall be returned, either naturally or after use, to the source watershed less an allowance for consumptive use. No surface water or groundwater from outside the basin may be used to satisfy any portion of this criterion except if it:

i. is part of a water supply or wastewater treatment system that combines water from inside and outside the basin; and

ii. is treated to meet applicable water quality discharge standards and to prevent the introduction of invasive species into the basin.

d. The exception will be implemented so as to ensure that it will result in no significant individual or cumulative adverse impacts to the quantity or quality of the waters and water dependent natural resources of the basin with consideration given to the potential cumulative impacts of any precedent setting consequences associated with the proposal.

e. The exception will be implemented so as to incorporate environmentally sound and economically feasible water conservation measures to minimize water withdrawals or consumptive use.

f. The exception will be implemented so as to ensure that it is in compliance with all applicable municipal, state, and federal laws as well as regional interstate and international agreements, including the Boundary Waters Treaty of 1909.

g. All other applicable criteria in this section have also been met.

Section 4.10. Management and regulation of new or increased withdrawals and consumptive uses.

1. Within five (5) years of the effective date of the compact, each party shall create a program for the management and regulation of new or increased withdrawals and consumptive uses by adopting and implementing measures consistent with the decision making standard. Each party, through a considered process, shall set and may modify threshold levels for the regulation of new or increased withdrawals in order to assure an effective and efficient water management program that will ensure that uses overall are reasonable, that withdrawals overall will not result in significant impacts to the waters and water dependent natural resources of the basin determined on the basis of significant impacts to the physical, chemical, and biological integrity of source watersheds, and that all other objectives of the compact are achieved. Each party may determine the scope and thresholds of its program, including which new or increased withdrawals and consumptive uses will be subject to the program.

2. Any party that fails to set threshold levels that comply with paragraph 1 of this section any time before ten (10) years after the effective date of the compact shall apply a threshold level for management and regulation of all new or increased withdrawals of one hundred thousand (100,000) gallons per day or greater average in any ninety (90) day period.

3. The parties intend programs for new or increased withdrawals and consumptive uses to evolve as may be necessary to protect basin waters. Pursuant to section 3.4, the council, in cooperation with the provinces, shall periodically assess the water management programs of the parties. Such assessments may produce recommendations for the strengthening of the programs, including without limitation, establishing lower thresholds for management and regulation in accordance with the decision making standard.

Section 4.11. Decision making standard. Proposals subject to management and regulation in section 4.10 shall be declared to meet this decision making standard and may be approved as appropriate only when the following criteria are met:

1. All water withdrawn shall be returned, either naturally or after use, to the source watershed less an allowance for consumptive use.

2. The withdrawal or consumptive use will be implemented so as to ensure that the proposal will result in no significant individual or cumulative adverse impacts to the quantity or quality of the waters and water dependent natural resources and the applicable source watershed.

3. The withdrawal or consumptive use will be implemented so as to incorporate environmentally sound and economically feasible water conservation measures.

4. The withdrawal or consumptive use will be implemented so as to ensure that it is in compliance with all applicable municipal, state, and federal laws as well as regional interstate and international agreements, including the Boundary Waters Treaty of 1909.

5. The proposed use is reasonable, based upon a consideration of the following factors:

a. Whether the proposed withdrawal or consumptive use is planned in a fashion that provides for efficient use of the water, and will avoid or minimize the waste of water.

b. If the proposal is for an increased withdrawal or consumptive use, whether efficient use is made of existing water supplies.

c. The balance between economic development, social development, and environmental protection of the proposed withdrawal and use and other existing or planned withdrawals and water uses sharing the water source.

d. The supply potential of the water source, considering quantity, quality, and reliability and safe yield of hydrologically interconnected water sources.

e. The probable degree and duration of any adverse impacts caused or expected to be caused by the proposed withdrawal and use under foreseeable conditions to other lawful consumptive or nonconsumptive uses of water or to the quantity or quality of the waters and water dependent natural resources of the basin, and the proposed plans and arrangements for avoidance or mitigation of such impacts.

f. If a proposal includes restoration of hydrologic conditions and functions of the source watershed, the party may consider that.

Section 4.12. Applicability.

1. Minimum standard. This standard of review and decision shall be used as a minimum standard. Parties may impose a more restrictive decision making standard for withdrawals under their authority. It is also acknowledged that although a proposal meets the standard of review and decision it may not be approved under the laws of the originating party that has implemented more restrictive measures.

2. Baseline.

a. To establish a baseline for determining a new or increased diversion, consumptive use, or withdrawal, each party shall develop either or both of the following lists for their jurisdiction:

i. A list of existing withdrawal approvals as of the effective date of the compact.

ii. A list of the capacity of existing systems as of the effective date of the compact. The capacity of the existing systems should be presented in terms of withdrawal capacity, treatment capacity, distribution capacity, or other capacity limiting factors. The capacity of the existing systems must represent the state of the systems. Existing capacity determinations shall be based upon approval limits or the most restrictive capacity information.

b. For all purposes of the compact, volumes of diversions, consumptive uses, or withdrawals of water set forth in the list prepared by each party in accordance with this section shall constitute the baseline volume.

c. The list shall be furnished to the regional body and the council within one (1) year of the effective date of the compact.

3. Timing of additional applications. Applications for new or increased withdrawals, consumptive uses, or exceptions shall be considered cumulatively within ten (10) years of any application.

4. Change of ownership. Unless a new owner proposes a project that results in a proposal for a new or increased diversion or consumptive use subject to regional review or council approval, the change of ownership in and of itself shall not require regional review or council approval.

5. Groundwater. The basin surface water divide shall be used for the purpose of managing and regulating new or increased diversions, consumptive uses, or withdrawals of surface water and groundwater.

6. Withdrawal systems. The total volume of surface water and groundwater resources that supply a common distribution system shall determine the volume of a withdrawal, consumptive use, or diversion.

7. Connecting channels. The watershed of each Great Lake shall include its upstream and downstream connecting channels.

8. Transmission in water lines. Transmission of water within a line that extends outside the basin as it conveys water from one point to another within the basin shall not be considered a diversion if none of the water is used outside the basin.

9. Hydrologic units. The Lake Michigan and Lake Huron watersheds shall be considered to be a single hydrologic unit and watershed.

10. Bulk water transfer. A proposal to withdraw water and to remove it from the basin in any container greater than five and seven-tenths (5.7) gallons shall be treated under the compact in the same manner as a proposal for a diversion. Each party shall have the discretion, within its jurisdiction, to determine the treatment of proposals to withdraw water and to remove it from the basin in any container of five and seven-tenths (5.7) gallons or less.

Section 4.13. Exemptions. Withdrawals from the basin for the following purposes are exempt from the requirements of article 4.

1. To supply vehicles, including vessels and aircraft, whether for the needs of the persons or animals being transported or for ballast or other needs related to the operation of the vehicles.

2. To use in a noncommercial project on a short term basis for firefighting, humanitarian, or emergency response purposes.

Section 4.14. United States Supreme Court decree: Wisconsin et al. v. Illinois et al.

1. Notwithstanding any terms of the compact to the contrary, with the exception of paragraph 5 of this section, current, new, or increased withdrawals, consumptive uses, and diversions of basin water by the state of Illinois shall be governed by the terms of the United States Supreme Court decree in Wisconsin et al. v. Illinois et al. and shall not be subject to the terms of the compact nor any rules or regulations promulgated under the compact. This means that, with the exception of paragraph 5 of this section, for purposes of the compact, current, new, or increased withdrawals, consumptive uses, and diversions of basin water within the state of Illinois shall be allowed unless prohibited by the terms of the United States Supreme Court decree in Wisconsin et al. v. Illinois et al.

2. The parties acknowledge that the United States Supreme Court decree in Wisconsin et al. v. Illinois et al. shall continue in full force and effect, that the compact shall not modify any terms thereof, and that the compact shall grant the parties no additional rights, obligations, remedies, or defenses thereto. The parties specifically acknowledge that the compact shall not prohibit or limit the state of Illinois in any manner from seeking additional basin water as allowed under the terms of the United States Supreme Court decree in Wisconsin et al. v. Illinois et al., any other party from objecting to any request by the state of Illinois for additional basin water under the terms of said decree, or any party from seeking any other type of modification to said decree. If an application is made by any party to the Supreme Court of the United States to modify said decree, the parties to the compact who are also parties to the decree shall seek formal input from the Canadian provinces of Ontario and Québec, with respect to the proposed modification, use best efforts to facilitate the appropriate participation of said provinces in the proceedings to modify the decree, and shall not unreasonably impede or restrict such participation.

3. With the exception of paragraph 5 of this section, because current, new, or increased withdrawals, consumptive uses, and diversions of basin water by the state of Illinois are not subject to the terms of the compact, the state of Illinois is prohibited from using any term of the compact, including section 4.9 of the compact, to seek new or increased withdrawals, consumptive uses, or diversions of basin water.

4. With the exception of paragraph 5 of this section, because sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12 (paragraphs 1, 2, 3, 4, 6, and 10 only), and 4.13 of the compact all relate to current, new, or increased withdrawals, consumptive uses, and diversions of basin waters, said provisions do not apply to the state of Illinois. All other provisions of the compact not listed in the preceding sentence shall apply to the state of Illinois, including the water conservation programs provision of section 4.2 of the compact.

5. In the event of a proposal for a diversion of basin water for use outside the territorial boundaries of the parties to the compact, decisions by the state of Illinois regarding such a proposal would be subject to all terms of the compact, except paragraphs 1, 3, and 4 of this section.

6. For purposes of the state of Illinois' participation in the compact, the entirety of section 4.14 of the compact is necessary for the continued implementation of the compact, and, if severed, the compact shall no longer be binding on or enforceable by or against the state of Illinois.

Section 4.15. Assessment of cumulative impacts.

1. The parties in cooperation with the provinces shall collectively conduct within the basin, on a lake watershed and St. Lawrence River basin basis, a periodic assessment of the cumulative impacts of withdrawals, diversions, and consumptive uses from the waters of the basin, every five (5) years or each time the incremental basin water losses reach fifty million (50,000,000) gallons per day average in any ninety (90) day period in excess of the quantity at the time of the most recent assessment, whichever comes first, or at the request of one (1) or more of the parties. The assessment shall form the basis for a review of the standard of review and decision, council and party regulations, and their application. This assessment shall:

a. utilize the most current and appropriate guidelines for such a review, which may include but not be limited to Council on Environmental Quality and Environment Canada guidelines;

b. give substantive consideration to climate change or other significant threats to basin waters and take into account the current state of scientific knowledge, or uncertainty, and appropriate measures to exercise caution in cases of uncertainty if serious damage may result;

c. consider adaptive management principles and approaches, recognizing, considering, and providing adjustments for the uncertainties in, and evolution of, science concerning the basin's water resources, watersheds, and ecosystems, including potential changes to basinwide processes, such as lake level cycles and climate.

2. The parties have the responsibility of conducting this cumulative impact assessment. Applicants are not required to participate in this assessment.

3. Unless required by other statutes, applicants are not required to conduct a separate cumulative impact assessment in connection with an application but shall submit information about the potential impacts of a proposal to the quantity or quality of the waters and water dependent natural resources of the applicable source watershed. An applicant may, however, provide an analysis of how the applicant's proposal meets the no significant adverse cumulative impact provision of the standard of review and decision.

ARTICLE 5

TRIBAL CONSULTATION

Section 5.1. Consultation with tribes.

1. In addition to all other opportunities to comment under section 6.2 of the compact, appropriate consultations shall occur with federally recognized tribes in the originating party for all proposals subject to council or regional review under the compact. Such consultations shall be organized in the manner suitable to the individual proposal and the laws and policies of the originating party.

2. All federally recognized tribes within the basin shall receive reasonable notice indicating that they have an opportunity to comment in writing to the council or the regional body, or both, and other relevant organizations on whether the proposal meets the requirements of the standard of review and decision when a proposal is subject to regional review or council approval. Any notice from the council shall inform the tribes of any meeting or hearing that is to be held under section 6.2 of the compact and invite them to attend. The parties and the council shall consider the comments received under this section before approving, approving with modifications, or disapproving any proposal subject to council or regional review.

3. In addition to the specific consultation mechanisms described above, the council shall seek to establish mutually agreed upon mechanisms or processes to facilitate dialogue with, and input from, federally recognized tribes on matters to be dealt with by the council, and the council shall seek to establish mechanisms and processes with federally recognized tribes designed to facilitate ongoing scientific and technical interaction and data exchange regarding matters falling within the scope of the compact. This may include participation of tribal representatives on advisory committees established under the compact or such other processes that are mutually agreed upon with federally recognized tribes individually or through duly authorized intertribal agencies or bodies.

ARTICLE 6

PUBLIC PARTICIPATION

Section 6.1. Meetings, public hearings, and records.

1. The parties recognize the importance and necessity of public participation in promoting management of the water resources of the basin. Consequently, all meetings of the council shall be open to the public, except with respect to issues of personnel.

2. The minutes of the council shall be a public record open to inspection at its offices during regular business hours.

Section 6.2. Public participation. It is the intent of the council to conduct public participation processes concurrently and jointly with processes undertaken by the parties and through regional review. To ensure adequate public participation, each party or the council shall ensure procedures for the review of proposals subject to the standard of review and decision consistent with the following requirements:

1. Provide public notification of receipt of all applications and a reasonable opportunity for the public to submit comments before applications are acted upon.

2. Assure public accessibility to all documents relevant to an application, including public comment received.

3. Provide guidance on standards for determining whether to conduct a public meeting or hearing for an application, date, time, and place of such a meeting or hearing, and procedures for conducting of the same.

4. Provide the record of decision for public inspection, including comments, objections, responses and approvals, approvals with conditions, and disapprovals.

ARTICLE 7

DISPUTE RESOLUTION AND ENFORCEMENT

Section 7.1. Good faith implementation. Each of the parties pledges to support implementation of all provisions of the compact, and covenants that its officers and agencies shall not hinder, impair, or prevent any other party carrying out any provision of the compact.

Section 7.2. Alternative dispute resolution.

1. Desiring that the compact be carried out in full, the parties agree that disputes between the parties regarding interpretation, application, and implementation of the compact shall be settled by alternative dispute resolution.

2. The council, in consultation with the provinces, shall provide by rule procedures for the resolution of disputes under this section.

Section 7.3. Enforcement.

1. Any person aggrieved by any action taken by the council under the authorities contained in the compact shall be entitled to a hearing before the council. Any person aggrieved by a party action shall be entitled to a hearing under the relevant party's administrative procedures and laws. After exhaustion of such administrative remedies:

(i) any aggrieved person shall have the right to judicial review of a council action in the United States District Courts for the District of Columbia or the district court in which the council maintains offices, provided such action is commenced within ninety (90) days; and

(ii) any aggrieved person shall have the right to judicial review of a party's action in the relevant party's court of competent jurisdiction, provided that an action or proceeding for such review is commenced within the time frames provided for by the party's law. For purposes of this paragraph, a state or province is deemed to be an aggrieved person with respect to any party action under the compact.

2.a. Any party or the council may initiate actions to compel compliance with the provisions of the compact, and the rules and regulations promulgated hereunder by the council. Jurisdiction over such actions is granted to the court of the relevant party, as well as the United States District Courts for the District of Columbia and the district court in which the council maintains offices. The remedies available to any such court shall include, but not be limited to, equitable relief and civil penalties.

2.b. Each party may issue orders within its respective jurisdiction and may initiate actions to compel compliance with the provisions of its respective statutes and regulations adopted to implement the authorities contemplated by the compact in accordance with the provisions of the laws adopted in each party's jurisdiction.

3. Any aggrieved person, party, or the council may commence a civil action in the relevant party's courts and administrative systems to compel any person to comply with the compact should any such person, without approval having been given, undertake a new or increased withdrawal, consumptive use, or diversion that is prohibited or subject to approval under the compact.

a. No action under this subsection may be commenced if:

i. the originating party or council approval for the new or increased withdrawal, consumptive use, or diversion has been granted; or

ii. the originating party or council has found that the new or increased withdrawal, consumptive use, or diversion is not subject to approval under the compact.

b. No action under this subsection may be commenced unless:

i. a person commencing such action has first given sixty (60) days prior notice to the originating party, the council, and the person alleged to be in noncompliance; and

ii. neither the originating party nor the council has commenced and is diligently prosecuting appropriate enforcement actions to compel compliance with the compact.

The available remedies shall include equitable relief, and the prevailing or substantially prevailing party may recover the costs of litigation, including reasonable attorney and expert witness fees, whenever the court determines that such an award is appropriate.

4. Each of the parties may adopt provisions providing additional enforcement mechanisms and remedies, including equitable relief and civil penalties applicable within its jurisdiction to assist in the implementation of the compact.

ARTICLE 8

ADDITIONAL PROVISIONS

Section 8.1. Effect on existing rights.

1. Nothing in the compact shall be construed to affect, limit, diminish, or impair any rights validly established and existing as of the effective date of the compact under state or federal law governing the withdrawal of waters of the basin.

2. Nothing contained in the compact shall be construed as affecting or intending to affect or in any way to interfere with the law of the respective parties relating to common law water rights.

3. Nothing in the compact is intended to abrogate or derogate from treaty rights or rights held by any tribe recognized by the federal government of the United States based upon its status as a tribe recognized by the federal government of the United States.

4. An approval by a party or the council under the compact does not give any property rights, nor any exclusive privileges, nor shall it be construed to grant or confer any right, title, easement, or interest in, to or over any land belonging to or held in trust by a party; neither does it authorize any injury to private property or invasion of private rights, nor infringement of federal, state, or local laws or regulations; nor does it obviate the necessity of obtaining federal assent when necessary.

Section 8.2. Relationship to agreements concluded by the United States of America.

1. Nothing in the compact is intended to provide nor shall be construed to provide, directly or indirectly, to any person any right, claim, or remedy under any treaty or international agreement, nor is it intended to derogate any right, claim, or remedy that already exists under any treaty or international agreement.

2. Nothing in the compact is intended to infringe nor shall be construed to infringe upon the treaty power of the United States of America, nor shall any term hereof be construed to alter or amend any treaty or term thereof that has been or may hereafter be executed by the United States of America.

3. Nothing in the compact is intended to affect nor shall be construed to affect the application of the Boundary Waters Treaty of 1909 whose requirements continue to apply in addition to the requirements of the compact.

Section 8.3. Confidentiality.

1. Nothing in the compact requires a party to breach confidentiality obligations or requirements prohibiting disclosure, or to compromise security of commercially sensitive or proprietary information.

2. A party may take measures, including but not limited to deletion and redaction, deemed necessary to protect any confidential, proprietary, or commercially sensitive information when distributing information to other parties. The party shall summarize or paraphrase any such information in a manner sufficient for the council to exercise its authorities contained in the compact.

Section 8.4. Additional laws. Nothing in the compact shall be construed to repeal, modify, or qualify the authority of any party to enact any legislation or enforce any additional conditions and restrictions regarding the management and regulation of waters within its jurisdiction.

Section 8.5. Amendments and supplements. The provisions of the compact shall remain in full force and effect until amended by action of the governing bodies of the parties and consented to and approved by any other necessary authority in the same manner as the compact is required to be ratified to become effective.

Section 8.6. Severability. Should a court of competent jurisdiction hold any part of the compact to be void or unenforceable, it shall be considered severable from those portions of the compact capable of continued implementation in the absence of the voided provisions. All other provisions capable of continued implementation shall continue in full force and effect.

Section 8.7. Duration of compact and termination. Once effective, the compact shall continue in force and remain binding upon each and every party unless terminated. The compact may be terminated at any time by a majority vote of the parties. In the event of such termination, all rights established under it shall continue unimpaired.

ARTICLE 9

EFFECTUATION

Section 9.1. Repealer. All acts and parts of acts inconsistent with this act are to the extent of such inconsistency hereby repealed.

Section 9.2. Effectuation by chief executive. The governor is authorized to take such action as may be necessary and proper in his or her discretion to effectuate the compact and the initial organization and operation thereunder.

Section 9.3. Entire agreement. The parties consider the compact to be complete and an integral whole. Each provision of the compact is considered material to the entire compact, and failure to implement or adhere to any provision may be considered a material breach. Unless otherwise noted in the compact, any change or amendment made to the compact by any party in its implementing legislation or by the Congress of the United States when giving its consent to the compact is not considered effective unless concurred in by all parties.

Section 9.4. Effective date and execution. The compact shall become binding and effective when ratified through concurring legislation by the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Wisconsin, and the Commonwealth of Pennsylvania and consented to by the Congress of the United States. The compact shall be signed and sealed in nine (9) identical original copies by the respective chief executives of the signatory parties. One (1) such copy shall be filed with the secretary of state of each of the signatory parties or in accordance with the laws of the state in which the filing is made, and one (1) copy shall be filed and retained in the archives of the council upon its organization. The signatures shall be affixed and attested under the following form:

In witness whereof, and in evidence of the adoption and enactment into law of the compact by the legislatures of the signatory parties and consent by the Congress of the United States, the respective governors do hereby, in accordance with the authority conferred by law, sign the compact in nine (9) duplicate original copies, attested by the respective secretaries of state, and have caused the seals of the respective states to be hereunto affixed this____ day of (month), (year).

As added by P.L.4-2008, SEC.5.
Ind. Code § 14-33-10-4 — Indiana Code / Title 14 / Article 33 / Chapter 10 / Section 14-33-10-4
Delinquent tax or assessment
Status: in_force

Sec. 4. (a) An assessment is a lien on the real property assessed equal to taxes levied on the property. If an installment of an assessment is not paid when due, the real property is subject to the same rate of interest and penalty as is provided by statute for delinquent taxes. If an installment or assessment is not paid in the amount and at the time when due, the board shall prepare, certify, and file with the auditor of the county in which the real property assessed is located the amount of the assessment against the real property with the default in payment.

(b) The county auditor shall place the amount, together with interest and penalty, upon the tax duplicate to be collected as state and county taxes are collected at the next date for the semiannual payment of taxes. If the assessment, interest, and penalty are not paid at that time, the real property is subject to sale as is provided by statute for the sale of real property on which there are delinquent taxes. Upon the sale the proceeds shall be prorated equally among the assessment and any delinquent taxes. A sale for a delinquent tax or delinquent assessment does not extinguish the assessment.

[Pre-1995 Recodification Citation: 13-3-3-80.]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-34-19-5 — Indiana Code / Title 14 / Article 34 / Chapter 19 / Section 14-34-19-5
Director entering property to conduct studies or exploratory work
Status: in_force

Sec. 5. (a) The director may enter upon any property for the purpose of conducting studies or exploratory work to determine the following:

(1) The existence of adverse effects of past coal mining practices.

(2) The feasibility of restoration, reclamation, abatement, control, or prevention of the adverse effects.

(b) Entry under this section is:

(1) an exercise of the police power for the protection of public health, safety, and general welfare; and

(2) not an act of:

(A) condemnation of property; or

(B) trespass.

[Pre-1995 Recodification Citation: 13-4.1-15-5.]

As added by P.L.1-1995, SEC.27.
Ind. Code § 14-31-3-19 — Indiana Code / Title 14 / Article 31 / Chapter 3 / Section 14-31-3-19
Violations; dealing out of season
Status: in_force

Sec. 19. A ginseng dealer who buys, sells, or possesses ginseng in violation of section 10 of this chapter commits a Class B misdemeanor.

[Pre-1995 Recodification Citation: 14-4-8-10(e).]

As added by P.L.1-1995, SEC.24.
Ind. Code § 14-19-11-9 — Indiana Code / Title 14 / Article 19 / Chapter 11 / Section 14-19-11-9
Executive director; additional powers
Status: in_force

Sec. 9. The executive director, or the executive director's designee, has the authority to do the following:

(1) Make and execute contracts and other instruments necessary or convenient to carry out the purposes, power, and duties of the authority.

(2) Request assistance, information, and advice regarding the duties and functions of the authority.

(3) Employ or contract with technical experts, officers, agents, and employees, and legal counsel without the approval of the attorney general, as considered necessary to carry out the efficient operation of the authority.

(4) Enter into a memorandum of understanding with state agencies as necessary to carry out the duties and purposes of the authority.

(5) Enter into contracts without the requirements set forth in IC 4-13-2-14.1.

As added by P.L.127-2022, SEC.23.
Ind. Code § 14-26-8-43 — Indiana Code / Title 14 / Article 26 / Chapter 8 / Section 14-26-8-43
New assessments where no contract let
Status: in_force

Sec. 43. (a) If the surveyor is unable to let a contract and construct the proposed improvement for the estimated cost of construction, the surveyor shall report the fact to the court.

(b) The court shall immediately order a new assessment of benefits and damages if requested in writing by at least two-thirds (2/3) of the original petitioners.

(c) If the order for a new assessment is made:

(1) the procedure provided for following the making of the original assessment shall be followed with respect to the new assessment and subsequent actions; and

(2) the landowners have the same right to remonstrate and appeal as is provided for original assessments.

[Pre-1995 Recodification Citation: 13-2-18-16.]

As added by P.L.1-1995, SEC.19.
Ind. Code § 14-31-2-16 — Indiana Code / Title 14 / Article 31 / Chapter 2 / Section 14-31-2-16
Distribution of principal
Status: in_force

Sec. 16. The division may instruct the trustee of trust II to distribute part or all of the principal of trust II to an entity primarily responsible for management of a campaign acquisition if, in the discretion of the division, the income that can be made available to that entity from trust I and trust II under section 15 of this chapter is insufficient for the accomplishment of management activities that are necessary for the preservation of the natural features that justified the acquisition of the site.

[Pre-1995 Recodification Citation: 14-4-5.1-9.]

As added by P.L.1-1995, SEC.24.
Ind. Code § 14-27-6-34 — Indiana Code / Title 14 / Article 27 / Chapter 6 / Section 14-27-6-34
Eminent domain powers; land already in public use
Status: in_force

Sec. 34. (a) This section applies to land or the surface of the ground on, over, and across which it is necessary or advisable to construct a levee as provided in this chapter that:

(1) is already in use for any other public purpose; or

(2) has been condemned or appropriated for a use authorized by statute and is being used for that purpose by the corporation appropriating the land or surface of the ground.

(b) The public use or prior condemnation does not bar the right of the board to condemn the use of the ground for levee purposes.

(c) The use by the board does not permanently prevent the use of the land or the surface of the ground:

(1) for the prior public use; or

(2) by the corporation previously condemning or appropriating the land or surface of the ground.

(d) In a proceeding prosecuted by the board to condemn the use of land or the surface of ground for purposes permitted by this chapter, the board must show that the board's use will not permanently or seriously interfere with:

(1) the continued public use of the land or surface of ground; or

(2) the corporation previously condemning the land or surface or the corporation's successors.

However, in a proceeding the board may require and enforce the removal or the burying beneath the surface of the ground of wires, cables, power lines, or other structures within a restricted zone established as provided in this chapter.

[Pre-1995 Recodification Citation: 13-2-31-18(b).]

As added by P.L.1-1995, SEC.20.
Ind. Code § 14-22-7-5 — Indiana Code / Title 14 / Article 22 / Chapter 7 / Section 14-22-7-5
Use of revenues
Status: in_force

Sec. 5. (a) The department shall contract annually with an appropriate nonprofit organization to use fifty percent (50%) of the revenue credited to the special account under section 4 of this chapter for development of waterfowl propagation areas. Before paying the revenue to a nonprofit corporation developing waterfowl areas, the department must obtain evidence that the project is acceptable to the appropriate agency having jurisdiction over the land and water affected by the project.

(b) The department shall spend fifty percent (50%) of the revenue credited to the special account under section 4 of this chapter:

(1) for the acquisition or development of wetlands in Indiana; or

(2) to participate in the joint funding of North American waterfowl management plans.

[Pre-1995 Recodification Citation: 14-2-4.5-4.]

As added by P.L.1-1995, SEC.15. Amended by P.L.217-2017, SEC.81.
Ind. Code § 14-15-3-26 — Indiana Code / Title 14 / Article 15 / Chapter 3 / Section 14-15-3-26
Anchoring so as to interfere with traffic
Status: in_force

Sec. 26. A person may not anchor a boat in the traveled part of a river or channel so as to:

(1) prevent;

(2) impede; or

(3) interfere with;

the safe passage of another boat through the river or channel.

[Pre-1995 Recodification Citation: 14-1-1-38.]

As added by P.L.1-1995, SEC.8.
Ind. Code § 14-25.5-3-5 — Indiana Code / Title 14 / Article 25.5 / Chapter 3 / Section 14-25.5-3-5
Expenditure from fund not releasing responsible party
Status: in_force

Sec. 5. (a) An expenditure made from the fund under this chapter does not release a responsible person from liability.

(b) The department may seek from a responsible person reimbursement for expenses incurred under this chapter.

As added by P.L.145-2002, SEC.3.
Ind. Code § 14-30-6-18 — Indiana Code / Title 14 / Article 30 / Chapter 6 / Section 14-30-6-18
Budget and appropriation
Status: in_force

Sec. 18. (a) A participating county may budget, appropriate, and disburse money to carry out the purposes of the commission under this chapter.

(b) The appropriation from the participating county that is needed for all or part of the commission's budget must be either:

(1) apportioned among the participating counties in direct relationship to the amount of land area in each participating county certified under section 2 of this chapter; or

(2) divided equally among the participating counties.

(c) The appropriation that is needed under subsection (b) shall be presented to the county executive at the same time that budgets are presented by county officers.

As added by P.L.123-2026, SEC.38.
Ind. Code § 14-16-1-16 — Indiana Code / Title 14 / Article 16 / Chapter 1 / Section 14-16-1-16
Expired
Status: repealed

[Pre-1995 Recodification Citation: 14-1-3-7.]

As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.48; P.L.246-2005, SEC.119; P.L.259-2013, SEC.40. Expired 1-1-2017 by P.L.259-2013, SEC.40.
Ind. Code § 14-8-2-116.5 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-116.5
"Golf cart"
Status: in_force

Sec. 116.5. "Golf cart", for purposes of IC 14-8-2-185 and IC 14-19-1-0.5, has the meaning set forth in IC 9-13-2-69.7.

As added by P.L.150-2009, SEC.20.
Ind. Code § 14-18-6-2 — Indiana Code / Title 14 / Article 18 / Chapter 6 / Section 14-18-6-2
"Interested person" defined
Status: in_force

Sec. 2. (a) As used in this chapter, "interested person" means:

(1) the owner of real property; or

(2) the owner of an easement for public park purposes in, over, or through any real property;

bordering on Lake Michigan.

(b) The term includes a unit (as defined in IC 36-1-2-23).

[Pre-1995 Recodification Citation: 4-20.5-8-2.]

As added by P.L.1-1995, SEC.11.
Ind. Code § 14-23-3-2 — Indiana Code / Title 14 / Article 23 / Chapter 3 / Section 14-23-3-2
Establishment of fund
Status: in_force

Sec. 2. The state forestry fund is established.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.16.
Ind. Code § 14-34-15-2 — Indiana Code / Title 14 / Article 34 / Chapter 15 / Section 14-34-15-2
Operations removing or disturbing strata serving as aquifers
Status: in_force

Sec. 2. (a) For those surface coal mining and reclamation operations that remove or disturb strata that serve as aquifers that significantly ensure the hydrologic balance of water use either on or off the mining site, the director shall specify the following:

(1) Monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence.

(2) Monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined.

(3) Records of well logs and borehole data to be maintained.

(4) Monitoring sites to record precipitation.

(b) The monitoring, data collection, and analysis required by this section shall be conducted according to standards and procedures set forth by rules of the commission to assure reliability and validity.

[Pre-1995 Recodification Citation: 13-4.1-11-1.5.]

As added by P.L.1-1995, SEC.27.
Ind. Code § 14-15-2-15 — Indiana Code / Title 14 / Article 15 / Chapter 2 / Section 14-15-2-15
Violations
Status: in_force

Sec. 15. (a) A person who violates section 1, 2, 3, 6, 7(b), 9, 10, or 13 of this chapter commits a Class C infraction.

(b) A person who violates section 7(c) or 8 of this chapter commits a Class A infraction. Notwithstanding IC 34-28-5-4(a), a judgment of at least one thousand dollars ($1,000) shall be imposed for each Class A infraction committed in violation of section 7(c) or 8 of this chapter.

[Pre-1995 Recodification Citation: 14-1-1-59 part.]

As added by P.L.1-1995, SEC.8. Amended by P.L.137-2007, SEC.32; P.L.195-2014, SEC.3; P.L.111-2016, SEC.10; P.L.127-2022, SEC.21; P.L.94-2026, SEC.67.
Ind. Code § 14-33-17-3 — Indiana Code / Title 14 / Article 33 / Chapter 17 / Section 14-33-17-3
Necessary signatures
Status: in_force

Sec. 3. (a) A petition must be signed by not less than five percent (5%) of the freeholders owning land in each of the existing districts.

(b) The court shall, before conducting an election under section 6 of this chapter, determine whether the petition bears the necessary signatures. If the petition does not bear the necessary signatures, the court shall dismiss the petition. The court may not dismiss a petition with the requisite signatures because of alleged defects without permitting amendments to correct errors in form or content.

(c) IC 14-33-2-16(c) and IC 14-33-2-16(d) apply to the petition.

[Pre-1995 Recodification Citation: 13-3-3-96.5(c) part.]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-16-1-15 — Indiana Code / Title 14 / Article 16 / Chapter 1 / Section 14-16-1-15
Expired
Status: repealed

[Pre-1995 Recodification Citation: 14-1-3-6(c).]

As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.47; P.L.246-2005, SEC.118; P.L.259-2013, SEC.39. Expired 1-1-2017 by P.L.259-2013, SEC.39.
Ind. Code § 14-22-35-2 — Indiana Code / Title 14 / Article 22 / Chapter 35 / Section 14-22-35-2
Conservation officer to administer program
Status: in_force

Sec. 2. The director shall designate a conservation officer to administer the program. The officer shall do the following:

(1) Outline all phases of instruction.

(2) Conduct general supervision of individual programs.

(3) Distribute information on the programs.

[Pre-1995 Recodification Citation: 14-2-10-1 part.]

As added by P.L.1-1995, SEC.15.
Ind. Code § 14-13-5-4 — Indiana Code / Title 14 / Article 13 / Chapter 5 / Section 14-13-5-4
Members
Status: in_force

Sec. 4. The commission consists of the following fifteen (15) members:

(1) Eight (8) members who serve four (4) year terms as follows:

(A) Two (2) residents of Jeffersonville appointed by the executive of Jeffersonville.

(B) Two (2) residents of Clarksville appointed by the executive of Clarksville.

(C) Two (2) residents of New Albany appointed by the executive of New Albany.

(D) One (1) resident of Clark County appointed by the governor.

(E) One (1) resident of Floyd County appointed by the governor.

(2) The executive of Jeffersonville.

(3) The executive of New Albany.

(4) The president of the legislative body of Clarksville.

(5) The director of the office of tourism development or the director's designee (before July 1, 2020) or the director of the Indiana destination development corporation or the director's designee (after June 30, 2020), who serves as a nonvoting member.

(6) The director of the department or the director's designee, who serves as a nonvoting member.

(7) The commissioner of the Indiana department of transportation or the commissioner's designee, who serves as a nonvoting member.

(8) The president of the Indiana economic development corporation or the president's designee, who serves as a nonvoting member.

[Pre-1995 Recodification Citation: 14-6-37-4(a).]

As added by P.L.1-1995, SEC.6. Amended by P.L.229-2005, SEC.12; P.L.78-2019, SEC.15.
Ind. Code § 14-26-5-10 — Indiana Code / Title 14 / Article 26 / Chapter 5 / Section 14-26-5-10
Complaints; filing
Status: in_force

Sec. 10. (a) Except as provided in subsection (b), a person, firm, limited liability company, or corporation that is adversely affected by a decision of the department may appeal the decision by filing a complaint in the circuit or superior court of the county in which the lake or a part of the lake is situated.

(b) If the proposed work is the work petitioned for in a pending drainage proceeding, the complaint:

(1) must be filed in the court in which the drainage proceeding is pending; and

(2) shall be heard and determined as part of the drainage proceeding.

[Pre-1995 Recodification Citation: 13-2-15-2 part.]

As added by P.L.1-1995, SEC.19.
Ind. Code § 14-28-1-22.2 — Indiana Code / Title 14 / Article 28 / Chapter 1 / Section 14-28-1-22.2
Expired
Status: repealed

As added by P.L.199-2021, SEC.7. Amended by P.L.104-2022, SEC.95. Expired 7-1-2022 by P.L.199-2021, SEC.7.
Ind. Code § 14-8-2-162 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-162
"Migratory birds"
Status: in_force

Sec. 162. "Migratory birds", for purposes of IC 14-22, refers to the following birds:

(1) Migratory game birds, including the following:

(A) Anatidae, or waterfowl, including brant, wild ducks, wild geese, and swans.

(B) Gruidae, or cranes, including little brown, sandhill, and whooping cranes.

(C) Rallidae, or rails, including coot, gallinules, sora, and other rails.

(D) Limicolae, or shorebirds, including avocets, curlews, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, tilts, surf birds, turnstones, willet, woodcock, tattlers, and yellow legs.

(E) Columbidae, or pigeons, including doves and wild pigeons.

(2) Migratory insectivorous birds, including the following:

(A) Cuckoos.

(B) Flickers and other woodpeckers.

(C) Nighthawks or bull-bats, and whippoorwills.

(D) Swifts.

(E) Hummingbirds and flycatchers.

(F) Bobolinks, meadowlarks, and orioles.

(G) Grosbeaks.

(H) Tanagers.

(I) Martins and other swallows.

(J) Waxwings.

(K) Shrikes and vireos.

(L) Warblers.

(M) Pipits.

(N) Catbirds and brown thrashers.

(O) Wrens.

(P) Brown creepers.

(Q) Nuthatches.

(R) Chickadees and titmice.

(S) Kinglets and gnat catchers.

(T) Robins and other thrushes.

(U) All other perching birds that feed entirely or chiefly on insects.

(3) Other migratory nongame birds, including the following:

(A) Auks.

(B) Auklets.

(C) Bitterns.

(D) Fulmars.

(E) Gannets.

(F) Grebes.

(G) Guillemots.

(H) Gulls.

(I) Herons.

(J) Jaegers.

(K) Loons.

(L) Murres.

(M) Petrels.

(N) Puffins.

(O) Shearwaters.

(P) Terns.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.
Ind. Code § 14-16-1-20 — Indiana Code / Title 14 / Article 16 / Chapter 1 / Section 14-16-1-20
Operation on highways and roads
Status: in_force

Sec. 20. (a) Except as provided in IC 9-21-1-3(a)(14) and IC 9-21-1-3.3, an individual may not operate a vehicle required to be registered under this chapter, under IC 9-18-2.5 (before its expiration), or under IC 9-18.1-14 upon a public highway, street, or rights-of-way thereof or on a public or private parking lot not specifically designated for the use of vehicles, except under the following conditions:

(1) A vehicle may be operated on the public right-of-way adjacent to the traveled part of the public highway, except a limited access highway, if there is sufficient width to operate at a reasonable distance off and away from the traveled part and in a manner so as not to endanger life or property.

(2) The operator of a vehicle may cross a public highway, other than a limited access highway, at right angles for the purpose of getting from one (1) area to another when the operation can be done in safety. The operator shall bring the vehicle to a complete stop before proceeding across a public highway and shall yield the right-of-way to all traffic.

(3) Notwithstanding this section, a vehicle may be operated on a highway in a county road system outside the corporate limits of a city or town if the highway is designated for this purpose by the county highway department having jurisdiction.

(4) A law enforcement officer of a city, town, or county or the state may authorize use of a vehicle on the public highways, streets, and rights-of-way within the officer's jurisdiction during emergencies when conventional motor vehicles cannot be used for transportation due to snow or other extreme highway conditions.

(5) A vehicle may be operated on a street or highway for a special event of limited duration conducted according to a prearranged schedule only under permit from the governmental unit having jurisdiction. The event may be conducted on the frozen surface of public waters only under permit from the department.

(b) An individual less than fourteen (14) years of age may not operate a vehicle without immediate supervision of an individual at least eighteen (18) years of age, except on land owned or under the control of the individual or the individual's parent or legal guardian.

(c) Except as provided in IC 9-21-1-3(a)(14) and IC 9-21-1-3.3, an individual may not operate a vehicle on a public highway without a valid motor vehicle driver's license.

(d) A vehicle may not be used to hunt, pursue, worry, or kill a wild bird or a domestic or wild animal.

[Pre-1995 Recodification Citation: 14-1-3-11.]

As added by P.L.1-1995, SEC.9. Amended by P.L.259-2013, SEC.42; P.L.198-2016, SEC.642; P.L.256-2017, SEC.184.
Ind. Code § 14-22-2-1 — Indiana Code / Title 14 / Article 22 / Chapter 2 / Section 14-22-2-1
"Public or private property" defined
Status: in_force

Sec. 1. As used in this chapter, "public or private property" does not include barns, dwellings, or other buildings.

[Pre-1995 Recodification Citation: 14-2-3-2(3) part.]

As added by P.L.1-1995, SEC.15.
Ind. Code § 14-33-2-29 — Indiana Code / Title 14 / Article 33 / Chapter 2 / Section 14-33-2-29
Final order
Status: in_force

Sec. 29. If:

(1) a district is established by order of the court and an appeal is not taken within thirty (30) days; or

(2) an order establishing a district is affirmed by the supreme court;

the establishment of the district is final and may not be directly or collaterally questioned in any action or proceeding.

[Pre-1995 Recodification Citation: 13-3-3-32.]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-13-1-37 — Indiana Code / Title 14 / Article 13 / Chapter 1 / Section 14-13-1-37
Public purpose
Status: in_force

Sec. 37. The exercise of the powers granted by this chapter is for the benefit of the people of Indiana and for the increase of their commerce, health, enjoyment, and prosperity. The operation, creation, development, and maintenance of the projects by the commission constitutes the performance of essential governmental functions.

[Pre-1995 Recodification Citation: 14-6-29-11 part.]

As added by P.L.1-1995, SEC.6.
Ind. Code § 14-30.5-2-3 — Indiana Code / Title 14 / Article 30.5 / Chapter 2 / Section 14-30.5-2-3
Watershed development commission established; member county entitled to representation on board; named after surface water outlet
Status: in_force

Sec. 3. (a) Upon the natural resources commission's issuance of an order recognizing a proposed watershed development commission under section 2 of this chapter:

(1) the commission is established as a public body corporate and politic; and

(2) each county recognized as a member of the commission under section 2(f) or 2(g) of this chapter becomes a member of the commission.

(b) A county recognized as a member of a commission under section 2(f) or 2(g) of this chapter is entitled to representation on the board of the commission under IC 14-30.5-4-1.

(c) A watershed development commission established under this chapter shall be named after the surface water outlet of the commission's designated watershed, in the following style: "(Name of Surface Water Outlet) Watershed Development Commission".

As added by P.L.251-2023, SEC.13.
Ind. Code § 14-33-20-3 — Indiana Code / Title 14 / Article 33 / Chapter 20 / Section 14-33-20-3
"Water facilities" and "water supply" defined
Status: in_force

Sec. 3. As used in this chapter, "water facilities" and "water supply" include the following:

(1) Source of supply.

(2) Treatment facilities.

(3) Purifying and storage facilities.

(4) Distribution systems.

(5) Appurtenant equipment.

(6) Materials and supplies.

(7) Land, easements, and rights-of-way.

(8) Buildings.

(9) All other facilities for the administration, operation, and maintenance of the items described in subdivisions (1) through (8).

[Pre-1995 Recodification Citation: 13-3-4-1(c).]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-30.5-4-1 — Indiana Code / Title 14 / Article 30.5 / Chapter 4 / Section 14-30.5-4-1
Members of the board of a watershed development commission
Status: in_force

Sec. 1. (a) The board of a watershed development commission consists of the following individuals:

(1) If the designated watershed includes the Maumee River basin the following:

(A) The director of the department or the director's designee.

(B) The county surveyor of each county that:

(i) is a member of the commission; and

(ii) is entitled to membership on the board.

(C) A member of the county executive from each county that:

(i) is a member of the commission; and

(ii) is entitled to membership on the board;

or the member's designee.

(D) One (1) individual who represents each second class city that is located in a participating county and within the basin, appointed by:

(i) the board of storm water management (as described in IC 8-1.5-5-4) of the second class city; or

(ii) if the second class city has no board of storm water management, the executive of the second class city.

(E) A member of the county soil and water conservation district board from each participating county within the basin or the member's designee.

(2) If the designated watershed does not include a basin described in subdivision (1), the following:

(A) The director of the department or the director's designee.

(B) The county surveyor of each county that:

(i) is a member of the commission; and

(ii) is entitled to membership on the board.

(C) An individual other than the county surveyor representing each county that:

(i) is a member of the commission; and

(ii) is entitled to membership on the board;

appointed by the county executive.

(D) Either:

(i) one (1) individual appointed to represent each second class city that is located in a participating county and within the basin; or

(ii) if a participating county does not include a second class city that is located within the basin, one (1) individual appointed to represent the municipality that has the largest population of all municipalities that are located in the participating county and within the basin.

An individual appointed to represent a second class city under item (i) shall be appointed by the board of storm water management (as described in IC 8-1.5-5-4) of the second class city or, if the second class city has no board of storm water management, by the executive of the second class city. An individual appointed under item (ii) to represent the municipality that has the largest population of all municipalities that are located in the participating county and within the basin shall be appointed by the board of storm water management (as described in IC 8-1.5-5-4) of the municipality or, if the municipality has no board of storm water management, by the executive of the municipality.

All of the members of the board of a commission to which this subsection applies are voting members.

(b) The executive of a county described in subsection (a)(2)(C) shall appoint the individual to represent the county on the board of the commission under subsection (a)(2)(C). However, if the position of an individual appointed under subsection (a)(2)(C) becomes vacant, the county surveyor of the county shall represent the county on the board under subsection (a)(2)(C) until a new appointment is made by the county executive under subsection (a)(2)(C). The executive of a county described in subsection (a)(1)(C) may appoint an individual as a designee to represent the county on the board of the commission under subsection (a)(1)(C). However, if the position of an individual appointed under subsection (a)(1)(C) becomes vacant, the county surveyor of the county shall represent the county on the board under subsection (a)(1)(C) until a new appointment is made by the county executive under subsection (a)(1)(C).

(c) An individual appointed or designated to represent a county on the board of a watershed development commission under subsection (a)(1)(C) or (a)(2)(C):

(1) must have a background in construction, project management, flood damage reduction, drainage, or a similar professional background; and

(2) must reside in the county.

(d) The term of office of an individual appointed or designated under subsection (a)(1)(C) or (a)(2)(C):

(1) is four (4) years; and

(2) continues until the individual's successor is appointed.

(e) An individual appointed under subsection (a)(1)(B) or (a)(2)(B) is eligible for reappointment.

As added by P.L.251-2023, SEC.13. Amended by P.L.104-2025, SEC.6.
Ind. Code § 14-22-34-7 — Indiana Code / Title 14 / Article 22 / Chapter 34 / Section 14-22-34-7
Investigations of nongame species; adoption of rules
Status: in_force

Sec. 7. (a) The director shall conduct investigations on nongame species to determine the species that are in need of management. The director may consider information relating to the following:

(1) Population.

(2) Distribution.

(3) Habitat needs.

(4) Limiting factors.

(5) Other biological and ecological data.

(b) On the basis of the determination made under subsection (a), the director shall adopt rules that do the following:

(1) Designate the species or subspecies of nongame species that the director considers in need of management under this section, giving the common and scientific names by species and subspecies.

(2) Develop management programs designed to ensure the continued ability of nongame species in need of management to perpetuate themselves successfully.

(c) The director shall conduct ongoing investigations of nongame species to determine if the rules need to be amended.

[Pre-1995 Recodification Citation: 14-2-8.5-2.]

As added by P.L.1-1995, SEC.15.
Ind. Code § 14-27-6-28 — Indiana Code / Title 14 / Article 27 / Chapter 6 / Section 14-27-6-28
Effective dates of ordinances
Status: in_force

Sec. 28. Whenever the board adopts an ordinance, the board shall at the same meeting designate the effective date of the ordinance. If the board fails to designate the effective date of the ordinance in the record of the proceedings of the board, the ordinance takes effect fourteen (14) days after passage.

[Pre-1995 Recodification Citation: 13-2-31-13.]

As added by P.L.1-1995, SEC.20.
Ind. Code § 14-33-24-10 — Indiana Code / Title 14 / Article 33 / Chapter 24 / Section 14-33-24-10
Authorized actions of reservoir conservancy district
Status: in_force

Sec. 10. (a) A reservoir conservancy district, subject to sections 7 and 11 of this chapter and the district plan of the reservoir conservancy district, is authorized to do the following:

(1) Install:

(A) catch basins;

(B) vegetative or constructed filtration systems; or

(C) both catch basins and vegetative or constructed filtration systems;

on or near the tributaries of the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district.

(2) Implement streambank remediation and erosion control measures:

(A) on the tributaries of the reservoir; and

(B) in the watershed of the reservoir;

within the boundaries of the reservoir conservancy district.

(3) Take action to control or remove algae and undesirable aquatic vegetation throughout the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district.

(4) Dredge throughout the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district to maintain sufficient depths for water recreation purposes.

(5) Perform any other acts of remediation, rehabilitation, or improvement that are necessary or useful to maintain the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district.

(b) Any chemicals used by the reservoir conservancy district under subsection (a)(3) must be approved for use by:

(1) the governing federal and state agencies; and

(2) the utility owner of the reservoir located within the boundaries of the reservoir conservancy district.

(c) Any action by the reservoir conservancy district under this section may be conducted only with the necessary authorization from the governing state and federal agencies.

As added by P.L.148-2020, SEC.16.
Ind. Code § 14-22-9-8 — Indiana Code / Title 14 / Article 22 / Chapter 9 / Section 14-22-9-8
Stocking fish in waters of the state
Status: in_force

Sec. 8. Except as otherwise provided, a person may not stock fish in the following:

(1) Waters containing state owned fish.

(2) Waters of the state.

(3) Boundary waters of the state.

[Pre-1995 Recodification Citation: 14-2-5-8.]

As added by P.L.1-1995, SEC.15.
Ind. Code § 14-37-1-5 — Indiana Code / Title 14 / Article 37 / Chapter 1 / Section 14-37-1-5
Applicability limitation
Status: in_force

Sec. 5. This article does not apply to methane ventilation governed under an approved federal Mine Safety and Health Administration coal mine ventilation plan.

As added by P.L.140-2011, SEC.3.
Ind. Code § 14-37-4-12 — Indiana Code / Title 14 / Article 37 / Chapter 4 / Section 14-37-4-12
Permit continuance for Class II wells
Status: repealed

Sec. 12. A permit for a Class II well continues until the well is plugged and abandoned, unless the permit is revoked, expired, or otherwise terminated.

[Pre-1995 Recodification Citation: 13-8-5-12.]

As added by P.L.1-1995, SEC.30.
Ind. Code § 14-33-8-16 — Indiana Code / Title 14 / Article 33 / Chapter 8 / Section 14-33-8-16
Amendment of board's report; court order
Status: in_force

Sec. 16. (a) At the hearing the court may order the report of the board of appraisers amended to conform with the evidence. The court then shall enter an order:

(1) dismissing the report; or

(2) approving the report.

(b) An appeal of the order may be made to the supreme court within thirty (30) days.

[Pre-1995 Recodification Citation: 13-3-3-62(f).]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-22-14-5 — Indiana Code / Title 14 / Article 22 / Chapter 14 / Section 14-22-14-5
License requirement
Status: in_force

Sec. 5. A person may not take fish from the Indiana waters of Lake Michigan with commercial fishing gear.

[Pre-1995 Recodification Citation: 14-2-12-7.]

As added by P.L.1-1995, SEC.15. Amended by P.L.141-2022, SEC.12.
Ind. Code § 14-32-8-5 — Indiana Code / Title 14 / Article 32 / Chapter 8 / Section 14-32-8-5
Purpose of program
Status: in_force

Sec. 5. The purpose of the program is to provide financial assistance to:

(1) soil and water conservation districts;

(2) land occupiers; and

(3) conservation groups;

to implement conservation practices to reduce nonpoint sources of water pollution through education, technical assistance, training, and cost sharing programs and to manage invasive plant species.

As added by P.L.160-1999, SEC.4. Amended by P.L.175-2006, SEC.18; P.L.12-2025, SEC.1.
Ind. Code § 14-26-5-6 — Indiana Code / Title 14 / Article 26 / Chapter 5 / Section 14-26-5-6
Permits; issuance
Status: in_force

Sec. 6. If the department finds that the proposed work will not:

(1) endanger:

(A) the legally established water level of a lake; or

(B) the normal water level of a lake whose water level has not been legally established; or

(2) result in unreasonably detrimental effects upon fish, wildlife, or botanical resources;

the department shall promptly grant the request and issue a permit to the person requesting the permit.

[Pre-1995 Recodification Citation: 13-2-15-1(b) part.]

As added by P.L.1-1995, SEC.19.
Ind. Code § 14-27-7.3-11 — Indiana Code / Title 14 / Article 27 / Chapter 7.3 / Section 14-27-7.3-11
Department immunity from liability
Status: in_force

Sec. 11. (a) The state is not liable for any death or injury that occurs on or resulting from a low head dam that is not owned by the state.

(b) Nothing in this chapter limits an owner's liability for any damage, loss, or injury that is caused by a low head dam.

As added by P.L.104-2020, SEC.3.
Ind. Code § 14-36-1-35 — Indiana Code / Title 14 / Article 36 / Chapter 1 / Section 14-36-1-35
Commission refusing to issue permit
Status: in_force

Sec. 35. The commission:

(1) may refuse to issue a permit to an operator whose permit the commission has repeatedly suspended for noncompliance or violation of:

(A) this chapter; or

(B) IC 13-4-6 (before its repeal); and

(2) shall refuse to issue a permit to an operator whose permit has been revoked more than three (3) times.

[Pre-1995 Recodification Citation: 13-4-6-10(b) part.]

As added by P.L.1-1995, SEC.29.
Ind. Code § 14-39-2-5.6 — Indiana Code / Title 14 / Article 39 / Chapter 2 / Section 14-39-2-5.6
Public comment and hearing
Status: in_force

Sec. 5.6. (a) The department shall hold a public hearing before issuing a permit.

(b) Notice of the hearing must be published for two (2) consecutive weeks in a newspaper of general circulation in each county where the carbon sequestration project is proposed to be located. Publication deadlines must comply with department rules.

(c) Notice of the hearing must be given to each:

(1) mineral lessee;

(2) mineral owner; and

(3) pore space owner;

within the carbon sequestration project and within one-half (1/2) mile of the reservoir's boundaries. Notice shall be completed by mail or third party commercial delivery and addressed to the last address of record for the individual or entity to be served.

(d) Notice of the hearing must be given to each surface owner of land overlying the carbon sequestration project and within one-half (1/2) mile of the reservoir's boundaries. Notice shall be completed by mail or third party commercial delivery and addressed to the last address of record for the individual or entity to be served.

(e) The department may provide notice of the hearing to any additional person the department deems necessary.

(f) Hearing notices required by this section must comply with deadlines set by the department and contain any additional information the department requires.

(g) An applicant for a permit shall pay the costs the department incurs in:

(1) publishing the notice for a hearing; and

(2) holding a hearing;

on a permit application.

(h) Following a public hearing under this section, the department must post the following on the website for the department:

(1) Whether a permit application has been tentatively denied.

(2) Whether a draft permit was prepared.

(3) Whether any other hearings have been scheduled.

(4) Whether an appeal was granted.

(i) Public notice is not required when a request for permit modification, revocation and reissuance, or termination is denied. The department must provide written notice of a denial to the requester and to the storage operator.

(j) The department must provide at least thirty (30) days for public comment.

(k) Notice of a public hearing must be given at least thirty (30) days before the public hearing.

(l) The department shall provide public notice of the public comment period and public hearing as required by federal regulations and rules adopted by the department. The department may recuperate expenses for notice from the storage operator.

(m) A notice of the public comment period or public hearing under this section must include the following information:

(1) The name and address of the office processing the permit action for which notice is being given.

(2) The name and address of the permittee of the permit applicant and, if different, of the facility or activity being regulated by the permit.

(3) A brief description of the business conducted at the facility or activity being described in the permit application or the draft permit.

(4) The name, address, and telephone number of a person at the department that an interested person may contact to obtain information, including copies of the draft permit, fact sheet, and the application.

(5) A brief description of the comment procedures required by the department and the date, time, and place of a public hearing that will be held, including information regarding how to request a hearing and other procedures by which the public may participate in the final permit decision.

(6) Reference to the date of previous public notices related to the permit.

(7) The date, time, and place of the hearing.

(8) A brief description of the nature and purpose of the hearing, including applicable rules and procedures.

(9) Any additional information required by the department.

(n) During a comment period, any interested person may submit written comments on the draft permit and may request a public hearing, if a hearing has not already been scheduled. A request for a public hearing must:

(1) be in writing; and

(2) state the nature of the issues proposed to be raised in the hearing.

All comments shall be considered by the department in making a final decision as to whether to issue the permit and must be answered as required under subsection (p).

(o) The department shall hold a public hearing whenever there is a significant degree of public interest in a draft permit. The department may hold a public hearing at the discretion of the department if the public hearing would clarify at least one (1) issue involved in the permit decision.

(p) At the time a final permit decision is issued, the department shall issue a response to comments. The response must:

(1) specify which provisions, if any, of the draft permit were changed in the final permit, and the reasons for each change; and

(2) briefly describe and respond to all substantive comments on the draft permit raised during the public comment period or during any hearing.

Response to comments must be made available to the public on the website for the department.

(q) The department shall adopt rules that mirror applicable federal regulations to implement this section.

As added by P.L.161-2026, SEC.59.
Ind. Code § 14-37-3-6 — Indiana Code / Title 14 / Article 37 / Chapter 3 / Section 14-37-3-6
Testing for wells placed on temporary abandonment
Status: in_force

Sec. 6. The commission shall establish standards and testing for wells for oil and gas purposes placed on temporary abandonment.

[Pre-1995 Recodification Citation: 13-8-4-7.]

As added by P.L.1-1995, SEC.30.
Ind. Code § 14-33-5.4-3 — Indiana Code / Title 14 / Article 33 / Chapter 5.4 / Section 14-33-5.4-3
Appointment; vacancies; election procedures
Status: in_force

Sec. 3. (a) Within twenty (20) days after the order establishing the district, the board of commissioners of the county shall appoint the initial board of directors. A director shall be appointed for each of the areas in the district as established by the court. A director must be a freeholder of the area of the district for which appointed or an officer or nominee of a corporate freeholder of the area of the district for which appointed and must be qualified by knowledge and experience in matters pertaining to the development of the district. A majority of the directors must be resident freeholders of the district if available and qualified. A majority of the initial directors must be petitioners for the establishment of the district, but for this purpose an officer or nominee of a corporate freeholder of the district, if the corporation is one (1) of the petitioners, is considered a petitioner.

(b) When vacancies on the board occur due to expiration of terms, resignation, or otherwise, directors shall be elected by a majority, written ballot vote of the freeholders of the district. Between April 24 and May 1, the board shall invite nominations to fill vacancies on the board by one (1) publication in a newspaper of general circulation in each of the counties in the district. Each publication must:

(1) contain the names of the directors whose terms are expiring and the area of the district involved;

(2) invite nominations to fill vacancies; and

(3) state the qualifications for the office, that are the same as prescribed by subsection (a), except a nominee need not have been a petitioner for the establishment of the district nor a resident of the area of the district for which nominations are invited.

(c) Nominations for director must be submitted to the office of the district in writing before June 1 following notice of vacancies and must be signed by at least five (5) freeholders from the areas designated by the secretary's notice. Nominations that are mailed are valid if delivered or postmarked before June 1 if the envelope has sufficient U.S. postage and is addressed to the district's office.

(d) The election of directors of a district shall be held the Saturday or Sunday immediately before or after July 4. The board of directors of a district shall establish the date for the election of directors.

(e) Notice of the annual election of directors of the district must be published in one (1) issue of a newspaper of general circulation in each county in the district. The notice must be published:

(1) not less than fourteen (14); and

(2) not more than thirty-one (31);

days before the election. The notice must contain the names of the nominees, the place where ballots can be cast in the election, and the date and time of the election.

(f) Before the election, the board shall prepare the ballots and a list of the freeholders of the district, that must be certified by the county auditor and placed in the district's files. No deficiency in this process or omission of the names of any freeholders voids action taken at an annual meeting.

(g) A freeholder is entitled to only one (1) vote per freeholder.

(h) Before the election of directors, the chairman shall appoint three (3) or, if necessary, more freeholders of the district to act as clerks of the election and to conduct the election.

(i) If a district fails to conduct an election of directors as provided by this chapter, any interested person of the district may petition the board of commissioners of the county to appoint a director to fill vacancies. The board of commissioners of the county shall make its appointment within fifteen (15) days from the date the petition is filed.

As added by P.L.185-1995, SEC.2.
Ind. Code § 14-34-19-12 — Indiana Code / Title 14 / Article 34 / Chapter 19 / Section 14-34-19-12
Liens
Status: in_force

Sec. 12. (a) Within six (6) months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the director:

(1) shall itemize the money expended; and

(2) if a lien reveals an increase in the property value of at least twenty-five thousand dollars ($25,000) per landowner per project, may, subject to subsection (b), have an independent appraisal conducted. A statement may be filed with the county recorder in the county in which the land lies together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices if the money expended results in a significant increase in property value. The statement constitutes a lien upon the land. The lien may not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.

(b) A lien may not be filed against the property of a person under subsection (a) who did not:

(1) consent to;

(2) participate in; or

(3) exercise control over;

the mining operation that necessitated the reclamation work performed under this chapter.

(c) The landowner may petition within sixty (60) days of the filing of the lien to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount reported to be the increase in value of the premises constitutes the amount of the lien and shall be recorded with the statement filed under subsection (a). A party aggrieved by the decision may appeal as provided by law.

(d) The director shall record the lien with the county recorder in the county in which the land is located. The statement:

(1) constitutes a lien upon the land as of the date of the expenditure of the money; and

(2) has priority as a lien second only to the lien of real estate taxes imposed upon the land.

[Pre-1995 Recodification Citation: 13-4.1-15-12.]

As added by P.L.1-1995, SEC.27. Amended by P.L.165-2011, SEC.31; P.L.111-2016, SEC.41.
Ind. Code § 14-8-2-14.5 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-14.5
"Area of review"
Status: in_force

Sec. 14.5. "Area of review", for purposes of IC 14-39, has the meaning set forth in IC 14-39-0.6-3.5.

As added by P.L.161-2026, SEC.4.
Ind. Code § 14-25-7-3 — Indiana Code / Title 14 / Article 25 / Chapter 7 / Section 14-25-7-3
"Ground water" defined
Status: in_force

Sec. 3. As used in this chapter, "ground water" means all water occurring beneath the surface of the ground regardless of location and form.

[Pre-1995 Recodification Citation: 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.18.
Ind. Code § 14-33-5.4-5 — Indiana Code / Title 14 / Article 33 / Chapter 5.4 / Section 14-33-5.4-5
Voting procedures; presence of candidate at polling place
Status: in_force

Sec. 5. (a) Two (2) observers may monitor the voting at each polling place on behalf of each candidate for director. The district must provide each observer with a copy of the list of freeholders provided to the district under section 4(a) of this chapter.

(b) A candidate for director may not be present in a polling place during the day of the election of directors except to cast a ballot.

(c) The relative of a candidate for director may not be present in a polling place during the day of the election of directors except:

(1) to cast a ballot; or

(2) to act as an observer under subsection (a).

As added by P.L.185-1995, SEC.2.
Ind. Code § 14-8-2-65 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-65
"Dealer"
Status: in_force

Sec. 65. "Dealer" has the following meaning:

(1) For purposes of IC 14-16-1, the meaning set forth in IC 14-16-1-2.

(2) For purposes of IC 14-24, the term means a person who grows or buys nursery stock for the purpose of reselling or reshipping the stock in Indiana.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-1-3-1(h); subdivision (2) formerly 14-1-3.5-1 part; subdivision (3) formerly 14-7-1-5.]

As added by P.L.1-1995, SEC.1. Amended by P.L.186-2003, SEC.28.
Ind. Code § 14-22-2-3 — Indiana Code / Title 14 / Article 22 / Chapter 2 / Section 14-22-2-3
Duties of director
Status: in_force

Sec. 3. The director shall do the following:

(1) Provide for the protection, reproduction, care, management, survival, and regulation of wild animal populations regardless of whether the wild animals are present on public or private property in Indiana.

(2) Organize and pursue a program of research and management of wild animals that will serve the best interests of the resources and the people of Indiana.

[Pre-1995 Recodification Citations: 14-2-1-2 part; 14-2-3-2(1).]

As added by P.L.1-1995, SEC.15.
Ind. Code § 14-8-2-121.5 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-121.5
"Height"
Status: in_force

Sec. 121.5. "Height", for purposes of IC 14-27-7.5, has the meaning set forth in IC 14-27-7.5-3.

As added by P.L.148-2002, SEC.2.
Ind. Code § 14-33-20-7 — Indiana Code / Title 14 / Article 33 / Chapter 20 / Section 14-33-20-7
Supplying water outside territorial authority
Status: in_force

Sec. 7. If a district proposes in:

(1) the district plan;

(2) a part of or an amendment to the district plan; or

(3) implementation of the district plan;

to provide water supply to users outside of the territory to which the district has been granted territorial authority, the district must petition the commission for territorial authority to serve the additional users.

[Pre-1995 Recodification Citation: 13-3-4-4(b) part.]

As added by P.L.1-1995, SEC.26.
Ind. Code § 14-8-2-191 — Indiana Code / Title 14 / Article 8 / Chapter 2 / Section 14-8-2-191
Repealed
Status: repealed

[Pre-1995 Recodification Citation: 13-2-22.2-12.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.
Ind. Code § 14-19-8-1 — Indiana Code / Title 14 / Article 19 / Chapter 8 / Section 14-19-8-1
"Fund"
Status: in_force

Sec. 1. As used in this chapter, "fund" refers to the state parks and reservoirs special revenue fund established by section 2 of this chapter.

As added by P.L.186-2003, SEC.56.