reglab/housing_qa huggingface dataset:
IN Code § 14-25.5-4-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 25.5. Enforcement Actions by the Division of Water|Chapter 4. Penalties|14-25.5-4-1. Revocation of Permit; Causes

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.
IN Code § 14-25.5-4-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 25.5. Enforcement Actions by the Division of Water|Chapter 4. Penalties|14-25.5-4-2. Revoked Permit; Mitigation of Violation

Sec. 2. (a) If a permit is revoked under this chapter, the department may do either or both of the following:(1) Order the person to mitigate the violation.(2) Mitigate the violation.(b) The revocation of a permit under this chapter does not relieve the person to whom the permit relates of the responsibilities imposed by this article.(c) If the department elects to mitigate under subsection (a)(2), the person to whom the permit relates remains liable for the costs of mitigating the violation.As added by P.L.145-2002, SEC.3.
IN Code § 14-25.5-4-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 25.5. Enforcement Actions by the Division of Water|Chapter 4. Penalties|14-25.5-4-3. Civil Penalties

Sec. 3. (a) If the department has authority to assess a civil penalty for the violation of a statute in an article described in IC 14-25.5-1-1, the department also has authority to assess a civil penalty for the violation of a rule adopted in connection with that statute.(b) Each day during which a violation continues may be considered a separate violation for purposes of assessing a civil penalty.(c) The department may bring a civil action under section 5 of this chapter to recover a civil penalty described in this section and to enjoin a person from continuing a violation.As added by P.L.145-2002, SEC.3. Amended by P.L.195-2014, SEC.28.
IN Code § 14-25.5-4-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 25.5. Enforcement Actions by the Division of Water|Chapter 4. Penalties|14-25.5-4-4. Applicability of Adjudicative Proceedings to Civil Penalties

Sec. 4. (a) A civil penalty assessed for a violation described in section 3 of this chapter is subject to IC 4-21.5-3-6 and becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative review within thirty (30) days after receipt of the notice of assessment.(b) A civil penalty that is assessed for a violation described in section 3 of this chapter shall be deposited in the fund.As added by P.L.145-2002, SEC.3. Amended by P.L.195-2014, SEC.29.
IN Code § 14-25.5-4-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 25.5. Enforcement Actions by the Division of Water|Chapter 4. Penalties|14-25.5-4-5. Actions by Attorney General

Sec. 5. The division director may request the attorney general to institute an action in an appropriate court for the following:(1) The recovery of civil penalties owed for a violation described in section 3 of this chapter.(2) To restrain a person from commencing to violate or continuing to violate any of the following:(A) An article to which this article applies or a rule adopted under an article to which this article applies.(B) An order of the department.As added by P.L.145-2002, SEC.3. Amended by P.L.195-2014, SEC.30.
IN Code § 14-26-1-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-1. Legislative Findings Regarding Need for Reservoir Sites

Sec. 1. (a) It is recognized that the growth and spread of urban development and highways is encroaching upon and often eliminating many open areas that are suitable for reservoirs needed for water supply storage in the near future. Because of the varied topography and the geological differences that exist in the subsurface, there are a limited number of desirable reservoir sites in Indiana. There is an increasing demand for water supply storage to be used for the following purposes:(1) Domestic use.(2) Municipal use.(3) Commercial use.(4) Industrial use.(5) Agricultural use, including irrigation.(6) Recreational use.(7) Sewage dilution.(8) Pollution abatement.(9) General health purposes.(10) Power.(11) Transportation.(12) Maintenance of desirable levels of stream flow.(13) Flood prevention and control.(b) Therefore, it is the duty of the general assembly to provide both for the immediate and future needs of the people of Indiana. The general assembly is providing the means through this chapter by which the state, municipalities, special taxing districts, and public utilities may secure needed reservoir sites to meet both the present and the future needs for storage of water even though there may be no present, immediate need.[Pre-1995 Recodification Citation: 13-2-9-1.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-1-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-2. Legislative Findings Regarding Regulation of Flow of Rivers and Waters

Sec. 2. (a) The unregulated flow of the rivers and water of Indiana results in periods of destructive floods upsetting the orderly processes of industry, agriculture, commerce, and life in general and causing loss of life and property. The unregulated flow results in periods of inadequate water flow during which municipal, industrial, and agricultural water supplies are made inadequate and the propagation of fish and wildlife is adversely affected.(b) This unregulated flow is a menace to the general welfare and economy of the people of Indiana. The regulation of the flow of the rivers and water of Indiana is a proper activity of the state, independently or in cooperation with the United States, an agency of the United States, or a political subdivision of the state.(c) The state should improve or participate in the improvement of the rivers and water of Indiana to regulate the flood and low water flow of the rivers and water and so that the lives and general welfare of the people of Indiana are protected and enhanced.[Pre-1995 Recodification Citation: 13-2-9-1.5.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-1-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-3. Public Purpose

Sec. 3. Storage reservoirs providing for the regulation of the flow of the rivers and water of Indiana in the interest of:(1) flood control, water supply for all beneficial purposes, water quality control, navigation, and both general and fish and wildlife recreation; or(2) any feasible combination of the purposes described in subdivision (1);are in the public interest and contribute to the general economy, welfare, public health, and safety of the people of Indiana.[Pre-1995 Recodification Citation: 13-2-9-1.7.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-1-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-4. Purchase or Condemnation of Land by Commission

Sec. 4. The commission may do the following:(1) Act on behalf of the state under this chapter.(2) Purchase or condemn easements or fee simple interests, as provided in this chapter, in land necessary for reservoirs for storage of water to be used for:(A) any;(B) a combination of any; or(C) all;purposes stated in section 1 of this chapter.(3) Construct and otherwise develop necessary structures for impoundment of water on sites acquired for reservoirs. If the impoundment inundates or otherwise physically affects properties under the jurisdiction of any other commission or department of the state, the commission shall secure the consent of the other commission or department before proceeding with the impoundment.[Pre-1995 Recodification Citation: 13-2-9-2 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-1-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-5. Purchase or Condemnation of Land on Behalf of Public Entity With Right or Duty to Supply or Store Water

Sec. 5. The commission, on behalf of the state, or a municipality, special taxing district, or public utility that by other law has the right or duty to supply or store water for any of the purposes stated in section 1 of this chapter may do the following:(1) Purchase the fee simple interest in land or easements over, upon, and across land for the purpose of flooding, inundation, and storage of water necessary to water supply to be used for any of the purposes stated in section 1 of this chapter.(2) Condemn and take the fee simple interest or easement if a reservoir for water supply storage is considered to be necessary at any time within twenty (20) years after the date of the taking.[Pre-1995 Recodification Citation: 13-2-9-3.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-1-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-6. Statement Regarding Condemnation of Property; Valuation

Sec. 6. (a) If an agreement cannot be reached by the owner of the land considered needed for the reservoir site and the taker that is authorized to condemn the site by section 5 of this chapter, the taker must set forth the following:(1) The interest to be taken in the land.(2) The earliest date on which the taker intends to store water or to start construction to create a reservoir impoundment for the purposes set forth in section 1 of this chapter.(b) The appraisers appointed by the court in the condemnation proceedings shall value the interest to be taken accordingly, giving due consideration to the fact that the owner of the land has use of the land, subject to the terms of the interest sought to be taken, until the date upon which the land may be inundated according to the terms of the complaint. In arriving at the proper valuation to be paid the owner of the land for the easement or the interest in fee to be taken or purchased, the landowner is considered to own the land for a term of years ending with the date set out in the complaint. The interest taken shall be valued as a remainder interest after that term of years.[Pre-1995 Recodification Citation: 13-2-9-4.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-1-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-7. Cost of Easement or Interest in Land

Sec. 7. The cost of an easement or interest in the fee, either purchased or condemned, for present or for future needs, is considered to be the cost of used and useful property commencing with the date the payment for the land or an interest in the land is made. The Indiana utility regulatory commission shall take due note of the fact that a fee simple interest or easement, however acquired, is used and useful property in a rate making proceeding in which a utility owning a fee simple interest or easement is involved.[Pre-1995 Recodification Citation: 13-2-9-5.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-1-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-8. Rights of Owners From Whom Easements or Remainder Interests Taken

Sec. 8. (a) The owner of the land from which:(1) an easement is taken; or(2) the remainder interest in fee simple is taken;may use and enjoy the land in any way consistent with the rights of the holder of the easement or remainder interest in fee simple.(b) The owner may use the land for agricultural, recreational, or other purposes, but the use is subject to the dominant purpose of storage of water.(c) If:(1) any improvements are placed on the land after the land is taken or purchased for a reservoir site, either by the taking or purchase of an easement or a fee after a fixed term of years; and(2) the improvements interfere with the use of the land for any of the purposes of storage of water;when the land is used for storage of water, the improvements may be removed without compensation and at the expense of the person who held the land subject to the remainder easement or fee.[Pre-1995 Recodification Citation: 13-2-9-6.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-1-9 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-9. Approval of Complaint for Condemnation

Sec. 9. A complaint for condemnation, other than by the commission, under this chapter may not be filed in a court unless the taker has received approval from both the department and the department of environmental management. These agencies shall give approval only if the agencies find the following:(1) That based on sound engineering principles, the site is satisfactory for water supply storage.(2) That there is a probable future need for water supply storage that can be served from the reservoir site.[Pre-1995 Recodification Citation: 13-2-9-7.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-1-10 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-10. Source of Money for Commission

Sec. 10. (a) The commission shall, when acting on behalf of the state under this chapter, derive the needed money for purchase or taking and for construction of necessary structures for impoundment from either or both of the following:(1) The water resources development fund created by IC 14-25-2-4.(2) Appropriations that the general assembly makes available to the commission for these purposes.(b) The income derived to the commission from:(1) the sale of water from impoundments; or(2) payments made by persons or corporations, private or public, who have contracted with the commission for the maintenance by the commission of certain minimum quantities of stream flow;shall be deposited in the water resources development fund.[Pre-1995 Recodification Citation: 13-2-9-8.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-1-11 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-11. Cooperation With Federal Government Not Authorized

Sec. 11. (a) This section applies to the following multipurpose reservoirs that have been authorized for construction by the United States Congress:(1) Big Blue.(2) Big Pine.(3) Big Walnut.(4) Clifty Creek.(5) Lafayette.(b) Notwithstanding Acts 1967, c.100, s.3, Acts 1969, c.434, s.3, and Acts 1969, c.434, s.4, the department may not:(1) cooperate with the United States or an agency of the United States in the planning, construction, operation, or maintenance of;(2) enter into, on behalf of the state, an agreement with the United States or an agency of the United States relating to; or(3) pay a share of the costs for water supply or recreation of;a reservoir subject to this section.[Pre-1995 Recodification Citation: 13-2-9-9.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-1-12 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 1. Reservoirs; Land Acquisition and Creation|14-26-1-12. Cooperation With Federal Government Authorized

Sec. 12. (a) The department shall cooperate with the United States and the appropriate agencies of the United States in the planning, construction, operation, and maintenance of:(1) the Downeyville multiple purpose reservoir, which has been authorized for construction by the Congress of the United States; and(2) the Richland Creek reservoir in Greene County if the construction of the Richland Creek reservoir is authorized by Congress.(b) The department may, on behalf of the state and subject to the approval of the governor, enter into agreements with the United States or agencies of the United States necessary to do the following:(1) Fully effectuate the authorized purposes and functions of the reservoirs.(2) Pay a share of the costs of the reservoirs for the purposes of water supply and recreation.(c) The state's share of the costs:(1) must be computed on the basis of the laws of the United States pertaining to multiple purpose reservoir projects; and(2) must be requested by the department in the regular biennial budget requests.[Pre-1995 Recodification Citations: 13-2-9-10; 13-2-9-11.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-2-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-1. Applicability of Chapter

Sec. 1. This chapter does not apply to the following:(1) Lake Michigan.(2) Land under the waters of Lake Michigan.(3) Any part of the land in Indiana that borders on Lake Michigan.[Pre-1995 Recodification Citation: 13-2-11.1-9.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-2-1.2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-1.2. "Acquiescence"

Sec. 1.2. As used in this chapter, "acquiescence" means consent without conditions, tacit or passive compliance, or acceptance.As added by P.L.6-2008, SEC.3.
IN Code § 14-26-2-1.5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-1.5. "Lake"

Sec. 1.5. As used in this chapter, "lake" means a reasonably permanent body of water that:(1) existed on March 12, 1947;(2) is substantially at rest in a depression in the surface of the earth that is naturally created;(3) is of natural origin or part of a watercourse, including a watercourse that has been dammed; and(4) covers an area of at least five (5) acres within the shoreline and water line, including bays and coves.As added by P.L.6-2008, SEC.4.
IN Code § 14-26-2-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-2. "Natural Resources"

Sec. 2. As used in this chapter, "natural resources" means the water, fish, plant life, and minerals in a public freshwater lake.[Pre-1995 Recodification Citation: 13-2-11.1-1 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-2-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-3. "Public Freshwater Lake"

Sec. 3. (a) As used in this chapter, "public freshwater lake" means a lake that has been used by the public with the acquiescence of a riparian owner.(b) The term does not include the following:(1) Lake Michigan.(2) A lake lying wholly or in part within the corporate boundaries of any of the three (3) cities having the largest population in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).(3) A privately owned body of water:(A) used for the purpose of; or(B) created as a result of;surface coal mining.[Pre-1995 Recodification Citation: 13-2-11.1-1 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-2-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-4. "Shoreline or Water Line"

Sec. 4. As used in this chapter, "shoreline or water line" means:(1) if the water level has been legally established, the line formed on the bank or shore by the water surface at the legally established average normal level; or(2) if the water level has not been legally established, the line formed by the water surface at the average level as determined by:(A) existing water level records; or(B) if water level records are not available, the action of the water that has marked upon the soil of the bed of the lake a character distinct from that of the bank with respect to vegetation as well as the nature of the soil.[Pre-1995 Recodification Citation: 13-2-11.1-1 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-2-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-5. Public Rights

Sec. 5. (a) As used in this section, "natural scenic beauty" means the natural condition as left by nature without manmade additions or alterations.(b) As used in this section, "recreational purpose" means the following:(1) Fishing.(2) Boating.(3) Swimming.(4) The storage of water to maintain water levels.(5) Any other purpose for which lakes are ordinarily used and adapted.(c) The:(1) natural resources and the natural scenic beauty of Indiana are a public right; and(2) public of Indiana has a vested right in the following:(A) The preservation, protection, and enjoyment of all the public freshwater lakes of Indiana in their present state.(B) The use of the public freshwater lakes for recreational purposes.(d) The state:(1) has full power and control of all of the public freshwater lakes in Indiana both meandered and unmeandered; and(2) holds and controls all public freshwater lakes in trust for the use of all of the citizens of Indiana for recreational purposes.(e) A person owning land bordering a public freshwater lake does not have the exclusive right to the use of the waters of the lake or any part of the lake.[Pre-1995 Recodification Citations: 13-2-11.1-1 part; 13-2-11.1-2.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-2-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-7. Construction of Ditches or Dams So as to Lower Water Level Prohibited

Sec. 7. (a) This section applies to a public freshwater lake, regulated or otherwise, that covers an area of at least ten (10) acres.(b) A person may not order or recommend the:(1) construction;(2) reconstruction;(3) recleaning; or(4) repair;of a ditch, dam, or other project that will affect or is likely to affect a lowering of the water level of the public freshwater lake.[Pre-1995 Recodification Citation: 13-2-11.1-3(b).]As added by P.L.1-1995, SEC.19. Amended by P.L.6-2008, SEC.5.
IN Code § 14-26-2-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-8. Accretion Rights

Sec. 8. Accretion rights in public freshwater lakes are limited to land from which the waters have receded or may recede from natural causes only. Accretion rights do not accrue to a riparian landowner as a consequence of lowering the public freshwater lake level by any of the following:(1) Drainage.(2) Extending the shoreline into the water of the public freshwater lake by filling the public freshwater lake with soil or any other substance.(3) Extending the shoreline away from the public freshwater lake by excavating, dredging, or channeling through the shoreline.[Pre-1995 Recodification Citation: 13-2-11.1-4.]As added by P.L.1-1995, SEC.19. Amended by P.L.6-2008, SEC.6.