Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

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 dred…

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 ever…

Sec. 1. As used in this chapter, "stream" means a natural or an altered river, creek, slough, or artificial channel that has: (1) definable banks and a bed capable of conducting confined runoff; (2) visible evidence of the flow or occurrence of water; and (3) a watershed in exces…

Sec. 2. (a) A person may use a stream that is capable of use by a watercraft for boating, fishing, or other recreational purposes if the stream is designated as a recreational stream by rule adopted by the commission. (b) The right of a person to use a recreational stream is limi…

Sec. 3. (a) The commission shall adopt rules under IC 4-22-2 for the designation of streams or parts of streams as recreational streams. (b) Before a hearing on the designation of a stream as a recreational stream and in addition to the notification requirements under IC 4-22-2, …

Sec. 4. The use of a stream designated under this chapter does not do any of the following: (1) Impose a duty upon the riparian landowner or tenant to provide for the safe use of the stream. (2) Affect ownership of the bed of the stream. (3) Affect a determination of the stream's…

Sec. 5. A person who: (1) throws, dumps, or leaves refuse in the water or on the banks of a stream designated under this chapter; or (2) crosses private land to gain access to a designated stream without the permission of the landowner or tenant of the land; commits a Class B mis…

Sec. 1. As used in this chapter, "fund" means the clean water Indiana fund established by this chapter. As added by P.L.160-1999, SEC.4.

Sec. 2. As used in this chapter, "political subdivision" means a county, township, city, or town. As added by P.L.160-1999, SEC.4.

Sec. 3. As used in this chapter, "program" means the clean water Indiana program established by this chapter. As added by P.L.160-1999, SEC.4.

Sec. 4. The clean water Indiana program is established. The division of soil conservation established within the department of agriculture by IC 15-11-4-1 shall administer the program subject to the direction of the board. As added by P.L.160-1999, SEC.4. Amended by P.L.1-2006, S…

Sec. 5. The purpose of the program is to provide financial assistance to: (1) soil and water conservation districts; (2) land occupiers; and (3) conservation groups; to implement conservation practices to reduce nonpoint sources of water pollution through education, technical ass…

Sec. 6. (a) The clean water Indiana fund is established to carry out the purposes of this chapter. The fund shall be administered by the division of soil conservation subject to the direction of the board. (b) The fund consists of: (1) amounts deposited in the fund under IC 6-7-1…

Sec. 7. Money in the fund may be spent in the following ways: (1) To increase district technical assistance in local conservation efforts. (2) To develop an environmental stewardship program to assist land occupiers in complying with environmental regulations voluntarily. (3) To …

Sec. 8. (a) In addition to funds provided to a district under section 7 of this chapter or from any other source, the division of soil conservation shall pay to the district one dollar ($1) for every one dollar ($1) the district receives: (1) from a political subdivision; or (2) …

larger than one county Sec. 8.2. (a) This section applies to a district if, as the result of: (1) the merger of two (2) or more districts; or (2) the changing of the boundaries of one (1) or more districts under IC 14-32-6.5; the territory of the district is larger than the entir…

smaller than one county Sec. 8.3. (a) This section applies to a district if, as the result of: (1) the merger of two (2) or more districts; or (2) the changing of the boundaries of one (1) or more districts under IC 14-32-6.5; the territory of the district is smaller than the ent…

Sec. 1. At the time of making the order approving the district plan but not later than thirty (30) days following the completion of construction of the works of improvement provided for in the district plan, and upon petition of the board or of a freeholder whose land is subject …

Sec. 10. (a) The report of the board of appraisers must state the following: (1) The name of the record owner of the real property appraised. (2) If damages are assessed, the following: (A) The names of other persons entitled to share in the award. (B) The best known mailing addr…

Sec. 11. The board of appraisers may report, subject to the finding and approval of the court, that an increase in fair market value of real property caused by the installation of a sewer main through or adjacent to the property is an exceptional benefit to the property regardles…

Sec. 12. (a) Upon the filing of each report of the board of appraisers with the court, the court shall set a date for hearing on the report. (b) The court shall order notice of the hearing on the report of the board of appraisers as follows: (1) By at least one (1) publication in…

damages; exceptions Sec. 13. (a) A freeholder who owns land in the district or any person may accept the appraisal of the board of appraisers of exceptional benefits or damages to real property: (1) to be taken or used; and (2) in which the person is an interested person. (b) The…

Sec. 14. The board of directors may, within the time limit prescribed by the notice of hearing on the report of the board of appraisers, file exceptions to the report of the board of appraisers specifying in the exceptions: (1) the appraisal of exceptional benefits or damages; or…

Sec. 15. The determinations of the board of appraisers is considered prima facie correct. A person excepting is entitled to open and close. [Pre-1995 Recodification Citation: 13-3-3-62(e).] As added by P.L.1-1995, SEC.26.

Sec. 16. (a) At the hearing the court may order the report of the board of appraisers amended to conform with the evidence. The court then shall enter an order: (1) dismissing the report; or (2) approving the report. (b) An appeal of the order may be made to the supreme court wit…

appropriated property Sec. 17. When the report of the board of appraisers regarding damages is approved by the court, the board of directors may do the following: (1) Pay to the clerk of the court the amount of the appraisal. (2) Take possession of and hold the interest in the re…

Sec. 2. (a) Before beginning the duties, each appraiser must take and subscribe to an oath that the appraiser will faithfully and impartially discharge the duties. (b) A majority of the board of appraisers constitutes a quorum, and a quorum is sufficient for decisions. (c) Each a…

Sec. 3. The board of directors shall furnish necessary assistance to the appraisers, including the services of the attorney, engineer, secretary, and other agents and employees of the board of directors. [Pre-1995 Recodification Citation: 13-3-3-61(c).] As added by P.L.1-1995, SE…

Sec. 4. If the board of appraisers has the function of determining damages, the board of directors may continue to make settlement directly with the persons who own or have an interest in all or any real property needed by the district. The board of directors also may acquire any…

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

Sec. 6. If the board of appraisers has the function of determining the existence and amount of exceptional benefits, the appraisers shall become familiar with the details of the district plan and the real property affected by the district plan. In making the determinations, the a…

improved drainage Sec. 7. (a) In determining the existence and amount of exceptional benefits resulting from the accomplishment of the purpose of: (1) flood prevention and control; (2) improving drainage; or (3) both; for a district having a district plan incorporating a watershe…

disposal Sec. 8. (a) In determining the existence and amount of exceptional benefits resulting from the purpose of sewage collection, treatment, and disposal, the appraisers shall consider as exceptionally benefited the following: (1) Real property that would not pay special bene…

Sec. 9. The board of appraisers shall make a report of the findings to the court as the court orders. All the findings concerning both damages and exceptional benefits may be made in one (1) report or in separate reports at different times. In addition, the report may be made for…

Sec. 1. As used in this chapter, "bond pool" refers to the surface coal mine reclamation bond pool established by this chapter. [Pre-1995 Recodification Citation: 13-4.1-6.5-2.] As added by P.L.1-1995, SEC.27.

Sec. 10. (a) Forfeiture of bonds of an operator participating in the bond pool shall be accomplished under IC 14-34-6-16. In addition to forfeiture, the director may proceed against the permittee of the surface coal mining operation by filing a civil action for injunctive or othe…

Sec. 11. (a) The surface coal mine reclamation bond pool committee is established. The committee consists of the following: (1) Five (5) members appointed by the director as follows: (A) Three (3) members must represent a cross-section of coal operators. (B) One (1) member must b…

Sec. 2. As used in this chapter, "committee" refers to the surface coal mine reclamation bond pool committee established by this chapter. [Pre-1995 Recodification Citation: 13-4.1-6.5-1.] As added by P.L.1-1995, SEC.27.

Sec. 3. The surface coal mine reclamation bond pool is established to be used for surface coal mine reclamation under this chapter. The department shall administer the bond pool. [Pre-1995 Recodification Citation: 13-4.1-6.5-3.] As added by P.L.1-1995, SEC.27.

Sec. 4. (a) As used in this section, "mining" includes contract mining. (b) As used in this section, "operator" includes a predecessor in interest, subsidiaries, and affiliates as approved by the director. (c) Participation in the bond pool is open to each operator applying for a…

Sec. 5. (a) An application for participation in the bond pool must be accompanied by an entrance fee of one thousand dollars ($1,000). The fees collected under this section shall be deposited in the post-1977 abandoned mine reclamation fund under IC 14-34-6-15 and dedicated as co…

Sec. 6. (a) Subject to subsection (c), an operator is suspended from the bond pool if the operator: (1) fails to pay a fee or civil penalty under: (A) IC 13-4.1 (before its repeal); (B) this article; or (C) the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.…

Sec. 7. The bond or other surety furnished by the operator under section 5 of this chapter shall be released by the director when the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with the operator's approved reclamation plan. …

Sec. 8. (a) When an operator furnishes a bond under section 5 of this chapter to participate in the bond pool, the operator shall pay a fee of twenty-five dollars ($25) per bonded acre into the bond pool. (b) After the bond or other surety has been released under section 7 of thi…

Sec. 9. After all available money furnished for a permit under section 5(b) and 5(c) of this chapter is exhausted under section 10 of this chapter, the money in the bond pool is available for the completion of reclamation necessary to achieve phase II and phase III bond release a…

Sec. 1. (a) An owner or operator shall plug and abandon a well that: (1) is completed as a nonproductive well; (2) ceases to produce oil or natural gas; or (3) is no longer operated for the purpose for which the well is permitted; unless the owner or operator is authorized to del…

Sec. 10. Any person may request a hearing before the commission under IC 4-21.5 to consider whether a well for oil and gas purposes is: (1) leaking or may leak a deleterious substance into an aquifer containing fresh water or onto the surface of the land; or (2) allowing oil or g…

abandoning wells Sec. 11. Each person who is responsible for plugging and abandoning a well shall be notified of a proceeding under section 10 of this chapter. [Pre-1995 Recodification Citation: 13-8-10-11.] As added by P.L.1-1995, SEC.30.

Sec. 12. The commission may order any responsible person to: (1) plug and abandon; (2) replug; or (3) repair; a well to remedy a condition found to cause environmental harm or waste. [Pre-1995 Recodification Citation: 13-8-10-12.] As added by P.L.1-1995, SEC.30.

perform remedial action Sec. 13. (a) If after thirty (30) days from the service of an order under section 12 of this chapter the well has not been properly: (1) plugged and abandoned; (2) replugged; or (3) repaired; the commission may authorize the department or another person to…