reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-1. Applicability; Exception

Sec. 1. (a) This chapter does not apply to the following:
(1) A structure that meets the following conditions:
(A) Is built for the sole purpose of erosion control, watering livestock, recreation, or providing a haven or refuge for fish or wildlife.
(B) Has a drainage area above the dam of not more than one (1) square mile.
(C) Does not exceed twenty (20) feet in height.
(D) Does not impound a volume of more than one hundred (100) acre-feet of water.
(2) A structure that is regulated under the federal Mine Safety and Health Act of 1977, unless the structure is proposed to be retained as a permanent structure after bond release.
(3) Except for a structure under subsection (b), a structure that is a low hazard dam or a significant hazard dam that meets only one (1) of the following conditions:
(A) Has a drainage area above the dam of not more than one (1) square mile.
(B) Does not exceed twenty (20) feet in height.
(C) Does not impound a volume of more than one hundred (100) acre-feet of water.
(b) This chapter applies to a structure that is listed on the roster of low head dams provided in IC 14-27-7.3.
As added by P.L.148-2002, SEC.15. Amended by P.L.129-2022, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-2. "Hazard Classification System"

Sec. 2. As used in this chapter, "hazard classification system" means a rating assigned to a structure by the department based on:
(1) the height of the structure and the volume of water impounded by the structure; and
(2) the force of the water and the likely consequences resulting from the uncontrolled release of its contents due to a failure or misoperation of the structure.
As added by P.L.148-2002, SEC.15. Amended by P.L.129-2022, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-3. "Height"

Sec. 3. As used in this chapter, "height" means the vertical dimension of a structure as measured from the lowest point in the natural streambed or watercourse under the centerline of the structure to the top of the structure.
As added by P.L.148-2002, SEC.15.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-4. "Owner"

Sec. 4. As used in this chapter, "owner" means an individual, a firm, a partnership, a copartnership, a lessee, an association, a corporation, an executor, an administrator, a trustee, the state, an agency of the state, a municipal corporation, a political subdivision of the state, a legal entity, a drainage district, a levee district, a conservancy district, any other district established by law, or any other person who has a right, a title, or an interest in or to the property upon which the structure is located.
As added by P.L.148-2002, SEC.15.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-5. "Structure"

Sec. 5. As used in this chapter, "structure" means a dam and its appurtenant works.
As added by P.L.148-2002, SEC.15.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-6. "Volume"

Sec. 6. As used in this chapter, "volume" means the amount of water that is impounded by a structure:
(1) at or below the elevation of the top of the structure; or
(2) at or below the maximum design flood pool elevation;
whichever is lower.
As added by P.L.148-2002, SEC.15.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-7. Maintenance, Repair, and Sale; Duties of Owner

Sec. 7. (a) The owner of a structure shall maintain and keep the structure in the state of repair and operating condition required by the following:
(1) The exercise of prudence.
(2) Due regard for life and property.
(3) The application of sound and accepted technical principles.
(b) The owner of a structure shall notify the department in writing of the sale or other transfer of ownership of the structure. The notice must include the name and address of the new owner of the structure.
As added by P.L.148-2002, SEC.15. Amended by P.L.71-2004, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-8. Powers and Duties of Department; Hazard Classifications; Notice

Sec. 8. (a) The department:
(1) has, on behalf of the state, jurisdiction and supervision over the maintenance and repair of structures in, on, or along the rivers, streams, and lakes of Indiana;
(2) shall exercise care to see that the structures are maintained in a good and sufficient state of repair and operating condition to fully perform the intended purpose;
(3) shall grant permits for the construction and operation of structures in, on, or along the rivers, streams, and lakes of Indiana;
(4) may adopt rules under IC 4-22-2 for permitting, maintenance, and operation that are necessary for the purposes of this chapter; and
(5) may vary the standards for permits, maintenance, and operation, giving due consideration to the following:
(A) The type, condition, and location of the structure.
(B) The hazards to which the structure is or may be exposed.
(C) The likely peril to life or serious damage to property if the structure fails to perform the structure's function.
(b) The department shall establish by rule the criteria for assigning a hazard classification system to a structure that is based on the height of the structure, the volume of water impounded by the structure, and the force of the water resulting from the uncontrolled release of the structure's contents due to a failure of the structure. The hazard classification system must include the following classes of structures:
(1) High hazard: A structure the failure of which is likely to cause the loss of life and serious damage to homes, industrial and commercial buildings, public utilities, major highways, or railroads.
(2) Significant hazard: A structure the failure of which is likely to damage isolated homes and highways, or cause the temporary interruption of public utility services.
(3) Low hazard: A structure the failure of which is likely to damage farm buildings, agricultural land, or local roads.
(c) For a dam constructed after June 30, 2022, if the department determines that the property owner's structure is a high hazard, significant hazard, or low hazard dam, the department shall provide the property owner with a notice stating the classification of the dam that the property owner owns.
As added by P.L.148-2002, SEC.15. Amended by P.L.129-2022, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-9. High Hazard Structures; Inspections; Report; Duty to Make Repairs or Alterations; Notice of Violation

Sec. 9. (a) The owner of a high hazard structure shall:
(1) have a professional engineer licensed under IC 25-31 make an engineering inspection of the high hazard structure at least one (1) time every two (2) years;
(2) submit a report of the inspection in a form approved by the department to the department. The report must include at least the following information:
(A) An evaluation of the structure's condition, spillway capacity, operational adequacy, and structural integrity.
(B) A determination of whether deficiencies exist that could lead to the failure of the structure, and recommendations for maintenance, repairs, and alterations to the structure to eliminate deficiencies, including a recommended schedule for necessary upgrades to the structure.
(b) If after an inspection under subsection (a) the licensed professional engineer who conducted the inspection determines that maintenance, repairs, or alterations to a high hazard structure are necessary to remedy deficiencies in the structure, the owner shall perform the recommended maintenance, repairs, or alterations.
(c) The department shall issue a notice of violation under section 11 of this chapter to the owner of a high hazard structure who fails to:
(1) have the structure inspected under subsection (a);
(2) perform recommended maintenance, repairs, or alterations to the structure under subsection (b); or
(3) biennially submit the inspection report prepared under subsection (a).
(d) The department may make an engineering inspection of a high hazard structure to ensure compliance with this chapter.
As added by P.L.148-2002, SEC.15. Amended by P.L.1-2003, SEC.60; P.L.186-2003, SEC.72.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-10. Significant and Low Hazard Structures; Inspections; Reports; Fees

Sec. 10. (a) The department shall make an engineering inspection of:
(1) a significant hazard structure at least one (1) time every three (3) years; and
(2) a low hazard structure at least one (1) time every five (5) years;
or at more frequent intervals if the exigencies of the case require.
(b) The department shall place in the files of the department a report of each inspection conducted under subsection (a).
(c) The department shall charge the following for engineering inspections:
(1) For a significant hazard structure under subsection (a)(1), a minimum fee of two hundred dollars ($200).
(2) For a low hazard structure under subsection (a)(2), a minimum fee of one hundred dollars ($100).
(d) Subject to IC 14-10-2-1, the commission may set an engineering inspection fee above the minimum fee established under subsection (c).
As added by P.L.148-2002, SEC.15. Amended by P.L.186-2003, SEC.73; P.L.195-2017, SEC.43.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-11. Notice of Violation

Sec. 11. If the department finds that a structure is:
(1) not sufficiently strong;
(2) not maintained in a good and sufficient state of repair or operating condition;
(3) not designed to remain safe during infrequent loading events; or
(4) unsafe and dangerous to life and property;
the department may issue a notice of violation under IC 14-25.5-2.
As added by P.L.148-2002, SEC.15. Amended by P.L.71-2004, SEC.14.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-12. Emergency Measures to Protect Life and Property

Sec. 12. (a) If at any time the condition of a structure becomes so dangerous to the safety of life and property that, in the opinion of the department, there is not sufficient time for the issuance and enforcement of an order for the maintenance, alteration, repair, reconstruction, change in construction or location, or removal of the structure in the manner provided in this chapter, the department may immediately take the measures that are essential to provide emergency protection to life and property, including the lowering of the water level by releasing water or by a controlled breach of the structure.
(b) The department may recover the cost of the emergency measures from the owner by appropriate legal action.
As added by P.L.148-2002, SEC.15.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-13. Violations

Sec. 13. An owner who knowingly fails to effect the maintenance, alteration, repair, reconstruction, change in construction or location, or removal within the time limit set forth in the notice of violation of the department under:
(1) section 11 of this chapter; or
(2) IC 13-2-20-4 (before its repeal);
commits a Class B infraction. Every day of failure constitutes a separate infraction.
As added by P.L.148-2002, SEC.15. Amended by P.L.71-2004, SEC.15.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-14. Right of Entry Upon Premises; Notice

Sec. 14. (a) Subject to subsection (b), the department and the department's agents, engineers, geologists, and other employees may, for purposes of determining the department's jurisdiction and performing the engineering inspections provided in sections 9 and 10 of this chapter, enter upon any land or water in Indiana without liability for trespass. The owner of a structure shall do the following:
(1) Cooperate with the department and the department's agents, engineers, geologists, and other employees in the conduct of the inspections.
(2) Facilitate access to the structure.
(3) Furnish upon request the plans, specifications, operating and maintenance data, or other information that is pertinent to the structure.
(b) Notwithstanding an engineering inspection performed by the property owner or a consultant of the property owner, not less than five (5) business days before an inspection is conducted under this section, the department shall provide the property owner of a structure with notice of the intended inspection date. The notice must be by mail or by a means of electronic transmission approved by the owner.
As added by P.L.148-2002, SEC.15. Amended by P.L.186-2003, SEC.74; P.L.129-2022, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-15. Exemption of Department From Liability

Sec. 15. This chapter does not create a liability for damages against the department or the department's officers, agents, and employees caused by or arising out of any of the following:
(1) The construction, maintenance, operation, or failure of a structure.
(2) The issuance and enforcement of a notice of violation or a rule issued by the department to carry out the department's duties.
As added by P.L.148-2002, SEC.15.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-16. Request to Have Structure Declared High Hazard; Notice

Sec. 16. (a) A property owner, the owner's representative, or an individual who resides downstream from a structure:
(1) over which the department does not have jurisdiction under this chapter; and
(2) that the property owner, the owner's representative, or the individual believes would cause a loss of life or serious damage to the person's home, industrial or commercial building, public utility, major highway, or railroad if the structure fails;
may request in writing that the department declare the structure a high hazard structure.
(b) If the department receives a request under subsection (a), the department shall:
(1) investigate the structure and the area downstream from the structure;
(2) notify the owner of the structure that the structure is being investigated;
(3) review written statements and technical documentation from any interested party; and
(4) after considering the available information, determine whether or not the structure is a high hazard structure.
(c) The department shall issue a written notice of the department's determination under subsection (b) to:
(1) the individual who requested the determination; and
(2) the owner of the structure that is the subject of the request.
(d) Either:
(1) the individual who requested a determination; or
(2) the owner of the structure that is the subject of the request;
may request an administrative review under IC 4-21.5-3-6 within thirty (30) days after receipt of the written determination.
(e) If the department determines that a structure is a high hazard structure under subsection (b), the provisions of this chapter concerning high hazard structures apply to the structure.
As added by P.L.71-2004, SEC.16. Amended by P.L.129-2022, SEC.6.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-17. Prior Law; Expiration

Sec. 17. (a) Notwithstanding sections 9 and 10 of this chapter, a structure that before July 1, 2022, was inspected under this chapter as a:
(1) high hazard structure is not required to be reinspected for two (2) years from the date of the previous inspection;
(2) significant hazard structure is not required to be reinspected for three (3) years from the date of the previous inspection; or
(3) low hazard structure is not required to be reinspected for five (5) years from the date of the previous inspection;
unless exigent circumstances require additional inspections of the structure.
(b) This section expires July 1, 2027.
As added by P.L.129-2022, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.5. Regulation of Dams › 14-27-7.5-18. Emergency Action Plans

Sec. 18. (a) A property owner of property that contains a high hazard dam shall prepare an emergency action plan that includes the following:
(1) Identifies conditions that may endanger the dam.
(2) Identifies remedial actions to prevent or minimize the downstream impacts of a dam failure.
(3) Contains contact information to notify local emergency personnel and provide effective communications of the dam's condition.
(4) Contains a plan to notify local emergency personnel of an impending or actual failure of the dam.
(5) Contains a plan to notify local emergency personnel after an unusual or emergency event has ended.
A plan prepared under this subsection shall be reviewed every six (6) years and updated with any changes noted in the dam safety inspections or contact information, or other changes, since the initial plan was prepared or the last update was provided, whichever is later.
(b) The property owner shall provide a copy of the emergency action plan required under this section to the department and the emergency management agency that serves the county in which the dam is located.
As added by P.L.129-2022, SEC.8.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.7. Lease of Williams Dam › 14-27-7.7-1. Long Term Lease for Williams Dam

Sec. 1. The director may enter into a long term lease of the Williams Dam on the East Fork of the White River in Lawrence County.
As added by P.L.16-2009, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.7. Lease of Williams Dam › 14-27-7.7-2. Lease Requirements

Sec. 2. A lease executed under this chapter must meet the following requirements:
(1) It must be for the development of hydroelectric power at the Williams Dam Fishing Area.
(2) It must enhance the recreation and fishing potential of the Williams Dam Fishing Area.
(3) The initial term of the lease may not exceed forty (40) years.
As added by P.L.16-2009, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.7. Lease of Williams Dam › 14-27-7.7-3. Lease Renewal

Sec. 3. A lease executed under this chapter may provide for renewal at the option of the director, with the approval of the governor.
As added by P.L.16-2009, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.7. Lease of Williams Dam › 14-27-7.7-4. Lease Limitations and Restrictions

Sec. 4. A lease executed under this chapter may include any other limitations or restrictions determined necessary by the director.
As added by P.L.16-2009, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.7. Lease of Williams Dam › 14-27-7.7-5. Disposition of Lease Revenues

Sec. 5. Revenue from a lease under this chapter shall be used solely for the division of fish and wildlife.
As added by P.L.16-2009, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-1. Applicability of Chapter

Sec. 1. This chapter applies if a public ditch or drain is established and constructed under the order of any of the following:
(1) A circuit or superior court.
(2) A county executive.
[Pre-1995 Recodification Citation: 13-2-21-2 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-2. "District" Defined

Sec. 2. As used in this chapter, "district" refers to a drainage maintenance and repair district.
[1995 Recodification Citation: New.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-3. "Ditch" or "Drain" Defined

Sec. 3. As used in this chapter, "ditch" or "drain" includes the following:
(1) A main dredge ditch.
(2) The lateral ditches:
(A) tributary to a main ditch; and
(B) constructed as one (1) system of drainage by the use of a dredge machine.
[Pre-1995 Recodification Citation: 13-2-21-1.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-4. Petition to Establish District; Filing

Sec. 4. (a) A petition requesting the establishment of a drainage maintenance and repair district under this chapter may not be filed after June 30, 2001.
(b) Twenty percent (20%) of the owners of the real property assessed for a ditch or drain who:
(1) would benefit by the construction of the ditch or drain; and
(2) own not less than twenty percent (20%) of the land in acreage that is assessed for the ditch or drain;
may file, in the office of the clerk of a circuit or superior court having jurisdiction in the county in which is located the greatest acreage of the land as last assessed with benefits for the construction or reconstruction of the ditch, a petition requesting the establishment of a drainage maintenance and repair district.
[Pre-1995 Recodification Citation: 13-2-21-2 part.]
As added by P.L.1-1995, SEC.20. Amended by P.L.276-2001, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-5. Petition to Establish District; Contents

Sec. 5. A petition filed under section 4 of this chapter must do the following:
(1) Describe all the land assessed with benefits for the construction or reconstruction of the ditch or drain.
(2) State a general description of the ditch or drain that the district is proposed to keep in repair and to properly maintain.
(3) State that the maintenance and repair of the ditch or drain is a work of necessity or public utility and can be best accomplished by the organization of the district.
(4) Include other facts that are important.
[Pre-1995 Recodification Citation: 13-2-21-2 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-6. Petition to Establish District; Signature

Sec. 6. If the proposed district includes a city, town, or part of a city or town, the legislative body of the city or town may, after determining whether the city or town and the owners of land located in the city or town that would be included in the proposed district would benefit by the district, sign the petition. If a petition is signed by the legislative body, the petition shall be treated as if the petition were signed by all owners of land located in the city or town in the proposed district.
[Pre-1995 Recodification Citation: 13-2-21-2 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-7. Petition to Establish District; Hearing

Sec. 7. (a) Upon the filing of a petition described in section 4 of this chapter, the clerk of the court shall do the following:
(1) Fix by endorsement upon the petition a day in the next term of the court, not less than twenty (20) days later than the date of the filing of the petition, for the hearing.
(2) Give notice of the filing and hearing at least ten (10) days before the day fixed for the hearing as follows:
(A) By summons, which shall be served by United States mail, return receipt requested.
(B) For owners of land in the city or town, by reading to the legislative body of the city or town or a majority of the members.
(C) By posting notice in five (5) of the most public places within the proposed district.
(D) By posting one (1) notice at the door of the courthouse in the county in which the petition is filed.
(E) For nonresidents of Indiana, by publication one (1) time in a newspaper of general circulation in the county.
(b) When notified under subsection (a), the legislative body shall make every reasonable effort to see that landowners in the city or town included in the proposed district are informed of the proposed district.
[Pre-1995 Recodification Citation: 13-2-21-3(a), (b), (c) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-8. Petition to Establish District; Notice of Hearing to Resident Landowners

Sec. 8. Notice given under section 7 of this chapter must state the following:
(1) The date of the filing.
(2) The time and place of the hearing.
(3) The fact that the petition requests the establishment of a district.
(4) The name and a general description of the dredge ditch or drain for which it is proposed to establish the district.
[Pre-1995 Recodification Citation: 13-2-21-3(c) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-9. Petition to Establish District; Notice of Hearing to Nonresident Landowners

Sec. 9. (a) If a landowner in the proposed district is not a resident of one (1) of the counties in which the proposed district will lie, the petitioners shall file in the clerk's office with the petition an affidavit that does the following:
(1) Gives the name of every nonresident landowner.
(2) States the landowner's post office address if known.
(3) If the landowner's post office address is not known, states that diligent inquiry has been made to ascertain the address but has not been able to do so.
(b) The clerk shall mail a copy of the notice to every nonresident landowner whose post office address is stated in the affidavit not later than the day on which publication of the notice is made.
[Pre-1995 Recodification Citation: 13-2-21-3(d).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-10. Petition to Establish District; Court Proceedings

Sec. 10. (a) Upon the hearing of a petition filed under section 4 of this chapter, an owner of real property within the proposed district may appear and contest the necessity for or utility of the establishment of the district.
(b) The court shall determine the following:
(1) Whether the petition is signed by twenty percent (20%) of the landowners in the proposed district.
(2) Whether the landowners represent at least twenty percent (20%) of the land in acreage included in the proposed district.
(c) If the court after hearing the evidence finds that a petition has not been signed as required by this chapter, the court shall dismiss the petition at the cost of the petitioners.
(d) If the court finds that:
(1) a petition has been signed by twenty percent (20%) of the owners of land within the proposed district; and
(2) the signers own at least twenty percent (20%) of the land in acreage;
the finding shall be entered of record and is conclusive upon all landowners owning land within the district who have been notified as required by this chapter.
(e) If it further appears to the court that:
(1) the establishment of the proposed district is necessary; or
(2) the district will be useful and a public utility;
the court shall adjudge the district established unless a remonstrance objecting to the establishment has been filed with the clerk of the court.
(f) A remonstrance filed under subsection (e) must contain the names of the following:
(1) Owners of at least two-thirds (2/3) of the acreage described within the proposed district.
(2) Owners of land abutting on at least fifty-one percent (51%) of the length of the ditch.
(g) The court shall give the district a distinguishing name.
[Pre-1995 Recodification Citation: 13-2-21-4(a), (b), (c) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-11. Drainage Commissioners; Appointment; Qualifications

Sec. 11. (a) The board of commissioners of the county shall appoint three (3) drainage commissioners to do the following:
(1) Take charge of the maintenance and repair of the dredge ditch or drain within the district.
(2) Perform other duties assigned to the drainage commissioners under this chapter.
(b) A drainage commissioner must have the following qualifications:
(1) Own land in the district.
(2) Reside in the district.
(3) Be an individual of intelligence and good judgment.
(c) If the district is composed of land from more than one (1) county, the board of commissioners of each county may participate in the appointment of the drainage commissioners.
[Pre-1995 Recodification Citation: 13-2-21-4(c) part, (e).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-12. Drainage Commissioners; Terms

Sec. 12. (a) The initial drainage commissioners serve for terms designated by the board of commissioners of the county as follows:
(1) One (1) drainage commissioner for one (1) year.
(2) One (1) drainage commissioner for two (2) years.
(3) One (1) drainage commissioner for three (3) years.
(b) Upon the expiration of the initial terms, the board of commissioners of the county shall appoint successors for terms of three (3) years.
[Pre-1995 Recodification Citation: 13-2-21-4(d) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-13. Drainage Commissioners; Oath

Sec. 13. Before entering upon the discharge of their duties, the drainage commissioners shall take and subscribe an oath to do the following:
(1) Faithfully and honestly discharge the duties of office without favor or partiality.
(2) Give a true account of their work to the board of county commissioners whenever required to do so by law.
[Pre-1995 Recodification Citation: 13-2-21-4(d) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-14. Drainage Commissioners; Chairman; Secretary

Sec. 14. The drainage commissioners:
(1) shall elect one (1) of the drainage commissioners chairman; and
(2) may elect one (1) of the drainage commissioners secretary.
[Pre-1995 Recodification Citation: 13-2-21-6(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-15. Drainage Commissioners; Quorum

Sec. 15. A majority of the drainage commissioners constitutes a quorum. A quorum is sufficient in any matter within their duties as drainage commissioners.
[Pre-1995 Recodification Citation: 13-2-21-6(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-16. Drainage Commissioners; Filling of Vacancies; Removal

Sec. 16. (a) Upon the death or removal from the county of a drainage commissioner, the board of commissioners of the county shall appoint a successor.
(b) A drainage commissioner is subject to removal for cause upon written charges filed against the drainage commissioner in the circuit court, superior court, or probate court.
[Pre-1995 Recodification Citation: 13-2-21-6(b).]
As added by P.L.1-1995, SEC.20. Amended by P.L.84-2016, SEC.71.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-17. Drainage Commissioners; per Diem Compensation and Traveling Expenses

Sec. 17. (a) A drainage commissioner serves without salary, but is entitled to be paid from the drainage maintenance fund twenty-five dollars ($25) per day, not to exceed five hundred dollars ($500) annually, for every day the drainage commissioner is actively and necessarily employed in the following:
(1) Going over the district for the purpose of inspecting the land and ditch and drains in the district.
(2) Preparing the statement of the annual assessment contemplated.
(b) A drainage commissioner is also entitled to be paid for traveling expense while engaged in the performance of duties under this chapter an amount for mileage equal to that amount per mile paid to state officers and employees.
[Pre-1995 Recodification Citation: 13-2-21-6(c).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-18. Maintenance of Ditches and Drains; Labor and Materials

Sec. 18. (a) The drainage commissioners:
(1) shall at all times keep and maintain the dredge ditch and drain in proper condition; and
(2) may, subject to subsection (b), hire all labor, purchase all material, and do all acts that are necessary and incident to maintaining the ditch and drain.
(b) An obligation may not be made until the assessments are levied.
[Pre-1995 Recodification Citation: 13-2-21-5(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-19. Records of Expenses; Warrants

Sec. 19. (a) The drainage commissioners shall do the following:
(1) Keep a complete record of their proceedings and note in the record all expenses incurred in the maintenance and repair of the ditch and drain.
(2) File with the county auditor an itemized statement showing the costs and expenses of the maintenance, and specifying the amounts due and owing to each person.
(b) The county auditor shall draw a warrant on the county treasurer in favor of each person for the amount due the person. The amount shall be paid out of the drainage maintenance fund created by assessments levied on the land benefited by the maintenance and repair as provided in this chapter.
[Pre-1995 Recodification Citation: 13-2-21-5(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-20. Fixing of Assessment Rate

Sec. 20. To raise the drainage maintenance fund, the drainage commissioners shall meet annually to do the following:
(1) Estimate the amount of money necessary to properly maintain the ditch and drain for the ensuing year.
(2) Determine what percent that amount is of the total of the last assessments made and confirmed by the court in the last proceedings to construct or reconstruct the ditch and drain. The drainage commissioners shall by resolution fix that percent as the assessment rate for the ensuing year, subject to the following:
(A) The assessment rate may not be greater than fifty percent (50%) of the last assessment.
(B) If, in a year there is an unencumbered balance in the drainage maintenance fund equal to or greater than four (4) times the estimated annual cost of the drainage maintenance, the annual assessment shall be omitted for that year.
[Pre-1995 Recodification Citation: 13-2-21-5(b).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-21. Itemized Statement of Costs of Petitioners

Sec. 21. The petitioners for the district shall present an itemized statement of all costs incurred by the petitioners in petitioning for the establishment of the district. If the drainage commissioners find the statement to be true and the expenses to be reasonable, the drainage commissioners shall include the expenses in the first assessment and reimburse the petitioners immediately.
[Pre-1995 Recodification Citation: 13-2-21-5(c).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-22. Collection of Assessments

Sec. 22. (a) The drainage commissioners shall, before November 1 of each year, file with the county auditor a certified copy of the resolution fixing the assessment rate.
(b) The county auditor shall do the following:
(1) Prepare an assessment duplicate assessing each tract of land with an amount determined by multiplying the last assessment on the tract of land made and confirmed by the court in the last proceedings to construct or reconstruct the ditch by the assessment rate.
(2) Deliver the assessment duplicate to the county treasurer at the same time the tax duplicates are delivered. However, if the amount to be collected is not greater than fifty cents ($0.50), the county auditor may not deliver the assessment duplicate to the county treasurer to be collected.
(c) The county treasurer shall collect the assessments in the same ways as taxes are collected, except that the whole amount is due and payable and collected at the time of the payment of the spring installment of taxes. All laws concerning the collection of taxes apply to enforce the collection of assessments.
[Pre-1995 Recodification Citation: 13-2-21-5(d).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-23. Carryover of Balance in Drainage Maintenance Fund

Sec. 23. A balance remaining in the drainage maintenance fund at the end of a year shall be carried forward into the drainage maintenance fund for the ensuing year.
[Pre-1995 Recodification Citation: 13-2-21-5(e).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-24. Dissolution of District; Authority

Sec. 24. A district established under this chapter or under IC 13-2-21 (before its repeal) may be dissolved by order of the court that established the district in accordance with:
(1) IC 36-9-27-27; or
(2) section 25 of this chapter.
[Pre-1995 Recodification Citation: 13-2-21-7(a).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 8. Drainage Districts › 14-27-8-25. Dissolution of District; Petition

Sec. 25. (a) The court shall dissolve the district if it is shown that a petition for dissolution contains either of the following:
(1) The names of a majority of the drainage commissioners.
(2) The names of:
(A) the owners of at least two-thirds (2/3) of the acreage described within the district; and
(B) the owners of land abutting on at least fifty-one percent (51%) of the length of the ditch involved.
(b) A petition of dissolution may not be presented to the court until the district has been in existence for one (1) year.
(c) If the petition for dissolution is found by the court to be insufficient, the dissolution proceedings shall be dismissed at the cost of the petitioners for dissolution.
[Pre-1995 Recodification Citation: 13-2-21-7(b).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 9. Powers of Certain Drainage Corporations › 14-27-9-1. Assessments

Sec. 1. (a) If a nonprofit drainage corporation organized under Acts 1913, c.165 and reorganized under:
(1) IC 23-7-1 (before its repeal on September 2, 1971);
(2) IC 23-7-1.1 (before its repeal on August 1, 1991); or
(3) IC 23-17;
determines that repairs to a project constructed under a statute specified in this subsection are necessary, the board of directors may assess the land originally assessed for an amount not more than twenty-five percent (25%) of the original cost of construction.
(b) The schedule of assessments for repairs shall be posted in the offices of the corporation and printed in a newspaper of general circulation in the county.
[Pre-1995 Recodification Citation: 13-2-30-1 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 9. Powers of Certain Drainage Corporations › 14-27-9-2. Objections; Appeals

Sec. 2. (a) The board shall hear an objection offered by an affected landowner to the assessment for repairs within ten (10) days of the posting under section 1 of this chapter.
(b) An affected landowner may appeal the assessment to the circuit court, superior court, or probate court of the county within ten (10) days after the hearing.
[Pre-1995 Recodification Citation: 13-2-30-1 part.]
As added by P.L.1-1995, SEC.20. Amended by P.L.84-2016, SEC.72.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 9. Powers of Certain Drainage Corporations › 14-27-9-3. Filing of Assessments and Placement on Tax Duplicate

Sec. 3. (a) The board of directors of the corporation shall file a statement of the repair assessments with the county auditor. The assessments are a lien upon filing.
(b) The county auditor shall do the following:
(1) Draw a warrant for the total amount of the repair assessments payable to the treasurer of the corporation.
(2) Place the repair assessments on the tax duplicate of each affected landowner.
[Pre-1995 Recodification Citation: 13-2-30-2.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-1. Legislative Intent

Sec. 1. The following are declared:
(1) The loss of lives and property caused by floods and the damage resulting from floods is a matter of deep concern to Indiana affecting the life, health, and convenience of the people and the protection of property. To prevent and limit floods, all flood control works and structures and the alteration of natural or present watercourses of all rivers and streams in Indiana should be regulated, supervised, and coordinated in design, construction, and operation according to sound and accepted engineering practices so as to best control and minimize the extent of floods and reduce the height and violence of floods.
(2) The channels and that part of the flood plains of rivers and streams that are the floodways should not be inhabited and should be kept free and clear of interference or obstructions that will cause any undue restriction of the capacity of the floodways.
(3) The water resources of Indiana that have been diminishing should be accumulated, preserved, and protected to prevent any loss or waste beyond reasonable and necessary use.
(4) A master plan or comprehensive plan for the entire state to control floods and to accumulate, preserve, and protect the water resources should be investigated, studied, and prepared, policy and practices should be established, and the necessary works should be constructed and placed in operation.
[Pre-1995 Recodification Citation: 13-2-22-2.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-1.3. "Boundary River Floodway"

Sec. 1.3. "Boundary river floodway", for purposes of this chapter, means the floodway (as defined by IC 14-8-2-102) of a boundary river.
As added by P.L.135-1997, SEC.12.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-2. "Flood Control"

Sec. 2. As used in this chapter, "flood control" means the following:
(1) The prevention of floods.
(2) The control, regulation, diversion, or confinement of flood water or flood flow.
(3) The protection from flood water, according to sound and accepted engineering practice and including all things incidental to or connected with the protection, to minimize the following:
(A) The extent of floods.
(B) The death, damage, and destruction caused by floods.
[Pre-1995 Recodification Citation: 13-2-22-3(14).]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-3. "Flood Easement"

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.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-4. "Water Resources"

Sec. 4. As used in this chapter, "water resources" means surface and subsurface water.
[Pre-1995 Recodification Citation: 13-2-22-3(16).]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-5. Adoption of Rules; Fees

Sec. 5. The commission shall adopt rules under IC 4-22-2 for the following:
(1) The transaction of commission business.
(2) The administration and exercise of the commission's powers and duties.
(3) Subject to IC 14-10-2-1, set the permit fees not less than the minimum fee established in sections 22, 24, and 26.5 of this chapter.
[Pre-1995 Recodification Citation: 13-2-22-4.]
As added by P.L.1-1995, SEC.21. Amended by P.L.195-2017, SEC.44.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-6. Furnishing of Information

Sec. 6. Each county agent, city engineer, county engineer, county surveyor, and state agency shall obtain, provide, and furnish pertinent data and information that is requested by an order of the commission, subject to the approval of the governor.
[Pre-1995 Recodification Citation: 13-2-22-5.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-7. Use of State Agencies; Personnel; Purchases

Sec. 7. The commission may do the following:
(1) Use any state agency in connection with:
(A) the commission's investigation, studies, and preparation of plans; or
(B) the performance of other duties.
(2) Employ the technical experts, engineers, and clerical and other assistants that are necessary.
(3) Through the state purchasing agent purchase the supplies, equipment, instruments, and machinery that the commission considers necessary to perform the commission's duties.
[Pre-1995 Recodification Citation: 13-2-22-6.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-8. Right of Entry Upon Premises

Sec. 8. The commission and the commission's agents, engineers, surveyors, and other employees may enter upon any land or water in Indiana for the purpose of making an investigation, an examination, or a survey provided by this chapter.
[Pre-1995 Recodification Citation: 13-2-22-7.]
As added by P.L.1-1995, SEC.21.