reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 15. Great Lakes—st. Lawrence River Basin Water Resources Compact › 14-25-15-9. Study and Findings by the General Assembly

Sec. 9. Not later than ten (10) years after the compact takes effect under section 9.4 of the compact, the general assembly shall study and make findings and recommendations concerning the following:
(1) The appropriateness of the permit threshold amounts established in section 7(a) of this chapter considering:
(A) advances made under section 1.4 of the compact; and
(B) other new water management technology and practices that become available.
(2) Any changes in those amounts that the general assembly deems warranted.
As added by P.L.4-2008, SEC.5. Amended by P.L.133-2012, SEC.177.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 15. Great Lakes—st. Lawrence River Basin Water Resources Compact › 14-25-15-10. Standard for Determination of Adverse Impacts of Water Withdrawals

Sec. 10. (a) The criterion of section 4.11.2 of the compact is met only if 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 of either:
(1) The basin considered as a whole; or
(2) The Lake Michigan or Lake Erie watershed considered as a whole.
(b) Impacts of a withdrawal or consumptive use on the quantity or quality of waters and water dependent natural resources of more localized areas that affect less than:
(1) the basin considered as a whole; or
(2) the Lake Michigan or Lake Erie watershed considered as a whole;
are considered a part of the evaluation of reasonable use under section 4.11.5 of the compact.
(c) When determining whether there will be significant individual or cumulative adverse impacts under this section:
(1) consideration shall be given to the impacts incurred in a particular tributary or stream reach where those impacts are important to:
(A) the basin; or
(B) the Lake Michigan or Lake Erie watershed as a whole; and
(2) a judgment shall be made of the nature, degree, scope, and materiality of the impacts and the regional importance of those impacts to:
(A) the basin; and
(B) the Lake Michigan or Lake Erie watershed.
As added by P.L.4-2008, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 15. Great Lakes—st. Lawrence River Basin Water Resources Compact › 14-25-15-11. Methods for Determining Consumptive Use Amounts

Sec. 11. An applicant may use either of the following methods to provide consumptive use amounts required under article 4 of the compact:
(1) The most current values published for the appropriate sector from:
(A) the United States Geological Survey;
(B) the Great Lakes Commission;
(C) the council; or
(D) other sources approved by the department.
(2) Site specific calculations for the applicant's facility that are based on standard engineering practices.
As added by P.L.4-2008, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 15. Great Lakes—st. Lawrence River Basin Water Resources Compact › 14-25-15-12. Baseline Determinations; Investigation Required; Notice to Facility Owner; Standing for Administrative Review

Sec. 12. (a) This section governs any status determination of a baseline under section 4.12.2 of the compact for each of the following from the Indiana portion of the basin:
(1) The total withdrawal capability registered under IC 14-25-7-15(c)(3) is deemed the existing withdrawal approval amount for section 4.12.2.a.i of the compact.
(2) A consumptive use attributable to a facility described in IC 14-25-7-15(a)(1).
(3) A facility that diverts water outside the basin.
(b) The department shall make each determination required under subsection (a) following an investigation. Before completing the investigation, the department shall:
(1) inform the owner of the facility of the amount of any proposed baseline; and
(2) provide the owner with a period of at least thirty (30) days to offer documentation the owner believes would properly modify the proposed baseline amount.
(c) The department shall provide notice under IC 4-21.5-3-5 of a status determination under this section to the owner of the facility for which the determination is made.
(d) The owner of a facility for which a status determination is made under this section is the only person with standing to seek administrative review of the determination.
As added by P.L.4-2008, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 15. Great Lakes—st. Lawrence River Basin Water Resources Compact › 14-25-15-13. Effects of Incorporation of Water Into a Product

Sec. 13. (a) As used in this section, "product" refers to a product, regardless of whether the product is distributed inside or outside the basin, that:
(1) is produced in the Indiana portion of the basin;
(2) is packaged and intended for intermediate or end-use consumers; and
(3) includes water:
(A) withdrawn from the basin; and
(B) packaged in containers with a capacity of not more than five and seven-tenths (5.7) gallons.
(b) Any incorporation of water into a product:
(1) is a consumptive use; and
(2) does not constitute a diversion for purposes of the compact.
As added by P.L.4-2008, SEC.5. Amended by P.L.1-2010, SEC.64.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 1. Applicability and Definitions › 14-25.5-1-1. Applicability

Sec. 1. This article applies to actions to enforce the following articles:
(1) IC 14-26.
(2) IC 14-27.
(3) IC 14-28.
(4) IC 14-29.
As added by P.L.145-2002, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 1. Applicability and Definitions › 14-25.5-1-1.5. "Affidavit"

Sec. 1.5. As used in this article, "affidavit" means a written document that:
(1) is executed under oath or affirmation by an officer or employee of the department; and
(2) states that a violation or deficiency that is the subject of an enforcement action under this article exists on a particular property.
As added by P.L.191-2023, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 1. Applicability and Definitions › 14-25.5-1-3. "Fund"

Sec. 3. As used in this article, "fund" means the water environmental fund established by IC 14-25.5-3-1.
As added by P.L.145-2002, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 2. Enforcement › 14-25.5-2-1. Inspection to Determine Violation

Sec. 1. A division inspector or a person authorized by the department may at any reasonable time enter upon public or private property to determine if there is a violation of:
(1) an article listed in IC 14-25.5-1-1; or
(2) a rule adopted under an article listed in IC 14-25.5-1-1.
As added by P.L.145-2002, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 2. Enforcement › 14-25.5-2-2. Notice of Violation

Sec. 2. The department may issue a written notice of violation if a person violates:
(1) an article listed in IC 14-25.5-1-1; or
(2) a rule adopted under an article listed in IC 14-25.5-1-1.
As added by P.L.145-2002, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 2. Enforcement › 14-25.5-2-3. Notice of Violation; Contents

Sec. 3. A notice of violation issued under this chapter must include the following:
(1) The nature of the violation.
(2) The action that is appropriate to mitigate the violation.
(3) The date by which the violation must be mitigated.
(4) The procedure to obtain administrative review if a person is aggrieved by the issuance of the notice of violation.
As added by P.L.145-2002, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 2. Enforcement › 14-25.5-2-4. Applicability of Adjudicative Proceedings to Notice of Violation

Sec. 4. A notice of violation issued under this chapter is governed by IC 4-21.5-3-6.
As added by P.L.145-2002, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 2. Enforcement › 14-25.5-2-5. Notice of Violation Effective Without Proceeding; Request for Administrative Review

Sec. 5. A notice of violation issued under this chapter becomes effective without a proceeding under IC 4-21.5-3 unless a person requests administrative review under IC 4-21.5-3-6 within thirty (30) days after receipt of the notice.
As added by P.L.145-2002, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 2. Enforcement › 14-25.5-2-6. Failure to Mitigate Violation; Penalties; Permit Revocation

Sec. 6. A person who fails to mitigate a violation within the time set forth in a notice of violation is liable for:
(1) a civil penalty;
(2) permit revocation; or
(3) the sanctions under both subdivisions (1) and (2);
under IC 14-25.5-4.
As added by P.L.145-2002, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 2. Enforcement › 14-25.5-2-7. Notice of Violation; High Hazard Structures

Sec. 7. (a) Subsection (b) applies if a person was issued a notice of violation under IC 14-27-7.5-11 for a structure that is classified by the department as a high hazard structure under the hazard classification system in IC 14-27-7.5-8(b)(1) and:
(1) the person:
(A) has exhausted all available administrative remedies relating to the violation; and
(B) did not initiate judicial review of the department's enforcement action under IC 4-21.5-5 within the period allowed by IC 4-21.5-5-5;
(2) the person has initiated judicial review of the department's enforcement action under IC 4-21.5-5 but the court did not set aside the enforcement action; or
(3) the person has entered into a settlement agreement with the department concerning the violation.
(b) The division may file an affidavit for recording in the county recorder's office of the county in which the property on which the violation or deficiency referred to in the notice of violation exists. When filing an affidavit for recording under this section, the division shall pay to the county recorder the fee charged for the recording of a document in the deed records of the county.
(c) An affidavit filed under this section must:
(1) include a sworn statement that a violation or deficiency exists on the property that is the subject of the notice of violation;
(2) be recorded by the county recorder in the deed records of the county in accordance with IC 36-2-7-10 and IC 36-2-11-16.5;
(3) be designed and worded so as to provide notice to the public, including any contractor or other person that intends to perform construction work on the property on which the violation or deficiency referred to in the notice of violation exists; and
(4) include:
(A) the full legal description of the property; and
(B) the most current name of the owner of the property as shown in the records of the auditor of the county where the property is located.
(d) When the violation or deficiency referred to in the notice of violation is resolved, the department shall file a release of the affidavit with the county recorder to remove the affidavit from the deed records of the county. The release filed under this subsection must:
(1) include a reference to the affidavit; and
(2) meet the recording requirements specified in IC 36-2-11-15 through IC 36-2-11-16.5.
The department shall pay to the county recorder the fee charged for recording the release.
(e) The presence of an affidavit recorded under this section in the deed records of the county in which the property referred to in the affidavit is located does not:
(1) constitute a judgment lien against the property;
(2) invalidate the conveyance, purchase, lease, or acquisition of the property; or
(3) deprive the holder of title to the property of marketable record title (as defined in IC 32-20-2-2) for the purposes of IC 32-20.
As added by P.L.191-2023, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 3. Water Environmental Fund › 14-25.5-3-2. Sources of Money in Fund

Sec. 2. The fund consists of the following:
(1) Accrued interest and other investment earnings of the fund.
(2) Civil penalties collected for the violation of a statute in an article described in IC 14-25.5-1-1.
(3) Gifts, grants, donations, or appropriations from any source.
As added by P.L.145-2002, SEC.3. Amended by P.L.195-2014, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 3. Water Environmental Fund › 14-25.5-3-3. Limited Reversion to the State General Fund; Investment

Sec. 3. (a) Except as provided in subsection (d), money in the fund does not revert to the state general fund at the end of a fiscal year.
(b) The total amount in the fund may not exceed one million dollars ($1,000,000). Any money in the fund that exceeds one million dollars ($1,000,000) reverts to the land and water resources fund established by IC 14-25-10-2.
(c) 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.
(d) If the fund is abolished, all money in the fund reverts to the state general fund.
As added by P.L.145-2002, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 3. Water Environmental Fund › 14-25.5-3-4. Appropriations From Fund; Purposes; Expenditures Without Prior Approval

Sec. 4. (a) Money paid into the fund may be appropriated for the following purposes:
(1) To cover the costs of mitigating a violation of an article to which this article applies or rules adopted under an article to which this article applies.
(2) To cover the costs of:
(A) mitigating environmental damage;
(B) protecting the public from harm;
(C) public awareness activities; or
(D) litigation expenses directly related to the enforcement process, including the cost of transcripts, depositions, and expert witnesses;
caused by a violation of an article to which this article applies or a violation of rules adopted under an article to which this article applies.
(b) The division director may make expenditures from the fund for purposes described in subsection (a) without the prior approval of the budget agency or the governor. An expenditure under this subsection may not exceed fifty thousand dollars ($50,000).
As added by P.L.145-2002, SEC.3. Amended by P.L.195-2017, SEC.40.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 3. Water Environmental Fund › 14-25.5-3-5. Expenditure From Fund Not Releasing Responsible Party

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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25.5. Enforcement Actions by the Division of Water › Chapter 4. Penalties › 14-25.5-4-6. Repealed

As added by P.L.145-2002, SEC.3. Amended by P.L.71-2004, SEC.3. Repealed by P.L.195-2014, SEC.31.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) and 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. Amended by P.L.11-2023, SEC.52.
2023 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.
2023 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.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 2. Lake Preservation › 14-26-2-6. Repealed

[Pre-1995 Recodification Citation: 13-2-11.1-3(a).]
As added by P.L.1-1995, SEC.19. Repealed by P.L.152-2006, SEC.4.
2023 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.
2023 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.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 2. Lake Preservation › 14-26-2-9. Repealed

[Pre-1995 Recodification Citation: 13-2-11.1-5.]
As added by P.L.1-1995, SEC.19. Amended by P.L.186-2003, SEC.69. Repealed by P.L.152-2006, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 2. Lake Preservation › 14-26-2-10. Notice and Hearing

Sec. 10. (a) Notwithstanding any other provision of law but subject to section 11 of this chapter, the department may not authorize:
(1) the changing of the level;
(2) the dredging, other than to maintain channels or construct sea walls, beaches, or near-shore access improvements on a lot by lot basis; or
(3) the mining;
of a public freshwater lake without giving notice and the opportunity for a public hearing at the county seat of the county in which the public freshwater lake is located.
(b) The notice must:
(1) generally describe the project for which a permit has been requested to authorize;
(2) state that the public has a right to request that a hearing be held on the proposed project;
(3) state that persons interested in or affected by the proposed project may speak at the hearing; and
(4) be published two (2) times, seven (7) days apart, in two (2) daily newspapers in the county in which the public freshwater lake is located, in the manner prescribed by IC 5-3-1.
(c) If a hearing is requested within ten (10) days after the final publication of the notice, the department shall do the following:
(1) Hold a public hearing in the manner stated in the notice.
(2) Give notice of the date, time, and place of the hearing as prescribed in subsection (b).
(3) Consider the public comments concerning the proposed project before the department makes a decision concerning the proposal.
[Pre-1995 Recodification Citation: 13-2-11.1-6(a), (b), (c).]
As added by P.L.1-1995, SEC.19. Amended by P.L.6-2008, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 2. Lake Preservation › 14-26-2-11. Sand Mining

Sec. 11. (a) This section applies to a private lake that lies wholly or in part within any of the three (3) cities having the largest population in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).
(b) Sand mining may be conducted at the lake only if approved by resolution of the legislative body of the city after a public hearing.
(c) A sand mining operation at the lake:
(1) is subject to and shall be conducted in accordance with the regulations and permit process of the United States Army Corps of Engineers and the United States Environmental Protection Agency; and
(2) is subject to local supervision and monitoring by the city engineer of the city in which the lake lies.
(d) A person performing the sand mining is liable for any damages directly attributable to the sand mining operation to any real property located within a one (1) mile radius of the lake.
(e) After mining operations are completed, the lake may not be used as a sanitary landfill or as a hazardous waste site.
[Pre-1995 Recodification Citation: 13-2-11.1-6(d).]
As added by P.L.1-1995, SEC.19. Amended by P.L.11-2023, SEC.53.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 2. Lake Preservation › 14-26-2-12. Permit to Construct Channels

Sec. 12. (a) The department may not issue a permit for the construction of a channel into a public freshwater lake unless:
(1) the channel follows the path of a stream already in existence; or
(2) the applicant proves that fifty-one percent (51%) of the property owners abutting the shoreline of the public freshwater lake approve of the channel construction.
(b) This section does not prevent the department from issuing a permit to construct small private drainage channels.
[Pre-1995 Recodification Citation: 13-2-11.1-7.]
As added by P.L.1-1995, SEC.19. Amended by P.L.6-2008, SEC.8.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 2. Lake Preservation › 14-26-2-13. Sewage Disposal Facilities for Housing Developments

Sec. 13. As a condition precedent to action by the department, written approval by the department of environmental management must be obtained for the construction of sewage disposal facilities for housing developments of at least five (5) lots if the developments are an integral part of a change in shoreline requested under this chapter.
[Pre-1995 Recodification Citation: 13-2-11.1-8.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 2. Lake Preservation › 14-26-2-14. Applicability to Private Cooling or Pollution Control Ponds

Sec. 14. (a) This section applies to an off-stream, privately owned pond, lake, reservoir, or other body of water designed and constructed primarily for the reduction or control of pollutants or cooling before discharge of the water into the public water of Indiana.
(b) A body of water subject to this section does not become a body of public water for the purpose of permitting the state to regulate the quality of water.
(c) The state and the citizens of Indiana do not acquire a continuing right or interest in a body of water subject to this section if the owner permits entrance to or recreational use of the body of water by the public.
(d) IC 14-22-10-2 applies to a body of water operated under this section.
(e) This section does not affect the duties of the department to enforce Indiana fish and wildlife laws as the laws apply to public entrance or recreational use of the body of water.
[Pre-1995 Recodification Citation: 13-2-11.1-10.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 2. Lake Preservation › 14-26-2-14.5. Determination of Public Use of a Lake

Sec. 14.5. (a) For purposes of determining the acquiescence of a riparian owner to allow the public use of a lake, indicators of acquiescence include the following:
(1) Evidence that the general public has used the lake for recreational purposes.
(2) Evidence that the riparian owner did not object to the operation by another person of a privately owned boat rental business, campground, or commercial enterprise that allowed nonriparian owners to gain access throughout the lake.
(3) A record of regulation of previous construction activities on the lake by the department or the department of conservation (before its repeal).
(b) Acquiescence does not exist if a lake has been adjudicated after March 12, 1947, to be a private lake and the department, or the department of conservation (before its repeal), was a party to the adjudication.
As added by P.L.6-2008, SEC.9.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 2. Lake Preservation › 14-26-2-15. Applicability to Tippecanoe River Impoundments

Sec. 15. (a) This section applies to impoundments of the Tippecanoe River that are formed by a dam or control structure owned and operated by a public utility for the generation of hydroelectric power. However, this section does not restrict the department's ability to regulate the safety or maintenance of a dam or other control structure under IC 14-27-7.5.
(b) As used in this section, "alterations to the shoreline" does not include the making of canals or inlets.
(c) As used in this section, "construction" includes the building of a pier.
(d) Notwithstanding any other law, the department may not regulate or interfere with alterations to the shoreline of or construction on the impoundments.
[Pre-1995 Recodification Citation: 13-2-11.1-11.]
As added by P.L.1-1995, SEC.19. Amended by P.L.186-2003, SEC.70.