Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 12. (a) The department may assess a civil penalty against a notable user that knowingly violates this chapter of not more than ten thousand dollars ($10,000) per day per violation. (b) All civil penalties collected under this chapter shall be deposited in the state general f…

Sec. 13. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.99-2025, SEC.4.

Sec. 2. The general assembly finds that it is prudent to engage in planning for the future and to have an explicit mechanism in place to regulate proposals for the diversion of water from one basin to another, consistent with IC 14-25-3-3. As added by P.L.99-2025, SEC.4.

Sec. 3. As used in this chapter, "basin" means the following: (1) The Lake Michigan basin, which shall consist of all waters that are classified by the following eight (8) digit United States Geological Survey hydrologic unit codes: (A) 04040001 (the Little Calumet-Galien subbasi…

Sec. 4. As used in this chapter, "notable user" means a person that transfers or proposes to transfer: (1) more than an annual average of thirty million (30,000,000) gallons of water per day; or (2) water from an area determined by the department under IC 14-25-3 to be a restrict…

Sec. 5. (a) Except as provided in subsection (b), a notable user may not: (1) transfer water out of a basin; or (2) supply water to another person that the notable user knows will transfer more than one hundred thousand (100,000) gallons of water per day out of a basin; without a…

Sec. 6. A notable user may submit an application for a transfer permit to the department. An application must contain the following: (1) The beneficial use (as defined in IC 14-25-7-2), purpose, and necessity of the proposed transfer. (2) The volume of the proposed transfer. (3) …

Sec. 7. (a) The department shall review an application submitted under section 6 of this chapter. If the department determines that the application submitted under section 6 of this chapter is complete, the department shall notify the applicant. (b) The department shall return an…

Sec. 8. (a) If the department approves an application under section 7 of this chapter, the department shall issue to the applicant a transfer permit. (b) A transfer permit may include any terms deemed reasonably necessary by the department. (c) A permittee shall file with the dep…

Sec. 9. Except as provided in section 10 of this chapter, a transfer permit does not expire. As added by P.L.99-2025, SEC.4.

Sec. 1. This chapter applies to two (2) districts: (1) where at least part of the external boundaries of the two (2) districts coincide; (2) that are located in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000…

Sec. 10. Before the voting begins, the court shall do the following: (1) Appoint three (3) freeholders of the districts as clerks to conduct the election. (2) Appoint an assistant secretary. (3) Provide a voting list at each voting place. [Pre-1995 Recodification Citation: 13-3-3…

Sec. 11. The voting place must open at 9 a.m. local time and remain open for balloting continuously until 9 p.m. local time. However, if the district contains freeholds too numerous for freeholder balloting at a single voting place while allowing each freeholder a reasonable time…

Sec. 12. (a) Before casting a vote, each freeholder must sign the list of freeholders opposite the freeholder's name in the presence of: (1) the district secretary; (2) the financial clerk; or (3) a person designated by the district secretary or financial clerk. (b) If: (1) a cle…

Sec. 13. A freeholder of the district may vote an absentee ballot. An absentee ballot: (1) must be signed; (2) must be mailed or delivered to the court; and (3) is valid if delivered or received before the scheduled date of the election. [Pre-1995 Recodification Citation: 13-3-3-…

Sec. 14. (a) The secretary of each district shall do the following: (1) Keep the ballots safe and secure until the end of the voting period. (2) Present all ballots cast to the three (3) clerks. (b) The clerks shall do the following: (1) Count the ballots. (2) Report the results …

Sec. 15. A majority of total votes cast in both districts determines the issue of merger of the districts. [Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.] As added by P.L.1-1995, SEC.26.

Sec. 16. (a) Notwithstanding IC 14-33-5-1 and IC 14-33-5-11, if a majority of those voting favors merger of the districts, the court shall, upon receiving certification of the results, appoint an initial board. The initial board consists of seven (7) members, with one (1) member …

Sec. 17. (a) Notwithstanding: (1) section 5 of this chapter; and (2) IC 14-33-2-4; the new district shall be composed of seven (7) areas established by the court. Each area must contain approximately the same number of freeholders. (b) The board consists of seven (7) members, one…

Sec. 18. The initial board of the merged district shall upon appointment prepare and submit a new district plan as provided in the initial formation of a single district. The same procedures provided for the initial submission of a district plan must be complied with for the subm…

Sec. 19. Effective upon approval of a new district plan, the court shall do the following: (1) Order the board of each of the merged districts dissolved. (2) Order the two (2) districts to merge into one (1) single district. (3) Order the transfer of all of the assets and obligat…

Sec. 2. Freeholders residing in the two (2) districts who desire the merger of the districts must initiate proceedings by filing a petition in the office of the clerk of the circuit court for the county containing the most land in the proposed merged district. [Pre-1995 Recodific…

Sec. 20. The circuit court, superior court, or probate court of the county in the merged district having the most land has exclusive jurisdiction over the merger and over all further hearings in connection with the district. [Pre-1995 Recodification Citation: 13-3-3-96.5(j).] As …

Sec. 21. A district formed from the merger of two (2) districts as provided under: (1) this chapter; or (2) IC 13-3-3-96.5 (before its repeal); is considered a district for purposes of this article. [Pre-1995 Recodification Citation: 13-3-3-96.5(k).] As added by P.L.1-1995, SEC.2…

Sec. 3. (a) A petition must be signed by not less than five percent (5%) of the freeholders owning land in each of the existing districts. (b) The court shall, before conducting an election under section 6 of this chapter, determine whether the petition bears the necessary signat…

Sec. 4. (a) The petitioners must post a bond sufficient to pay the cost of notice and all costs of the court connected with the petition and election. (b) If: (1) the court dismisses the petition; or (2) the majority of freeholders vote against merger; the petitioners shall pay a…

Sec. 5. (a) Except as provided in section 17 of this chapter: (1) IC 14-33-2-3(1); (2) IC 14-33-2-3(2); (3) IC 14-33-2-3(3); (4) IC 14-33-2-3(5); (5) IC 14-33-2-4; and (6) IC 14-33-2-6; apply to the petition filed under section 2 of this chapter. (b) The petition must also state …

Sec. 6. Within ten (10) days after receiving a petition that has met the requirements of sections 3 through 5 of this chapter, the court shall fix a convenient place and time for the election within each district to determine if the districts should merge. The election must be he…

Sec. 7. The petitioners shall give notice of the time, place, and purpose for the election: (1) by publication for two (2) consecutive weeks: (A) with each publication of notice on the same day of each week in an English language newspaper of general circulation published in the …

Sec. 8. (a) The petitioners shall do the following: (1) Prepare a list of the freeholders of the district. (2) Have the county auditor do the following: (A) Certify the list. (B) Make the list available for the inspection of a freeholder of the district. (C) Place the list in the…

Sec. 9. The court shall prepare and furnish ballots in sufficient number, in the following form: "Shall _____ Conservancy District and _____ Conservancy District be merged to form a single district?" [ ] Yes [ ] No [Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.] As added…

Sec. 1. An action of the director or the commission is subject to judicial review under IC 4-21.5-5. The availability of judicial review under this chapter does not limit the operation of rights under IC 14-34-15-12 through IC 14-34-15-15. [Pre-1995 Recodification Citation: 13-4.…

Sec. 2. The commencement of a judicial review proceeding under this chapter does not operate as a stay of the action, order, or decision of the director or the commission. [Pre-1995 Recodification Citation: 13-4.1-13-2.] As added by P.L.1-1995, SEC.27.

Sec. 3. Pending final determination of the judicial review proceeding, the court may grant temporary relief if the following conditions are met: (1) All parties to the proceedings were: (A) notified; and (B) given an opportunity to be heard on a request for temporary relief. (2) …