Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 1. The general welfare of the people of Indiana requires that: (1) surface water resources of Indiana be put to beneficial uses to the fullest extent; (2) the use of water for nonbeneficial uses be prevented; and (3) public and private money for the promotion and expansion o…

Sec. 10. The policy that surface waters of Indiana are declared to be public waters and subject to regulation by the general assembly is the accepted policy of the state. Users of surface waters who: (1) institute withdrawal of water for artificial uses from a natural stream, nat…

Sec. 11. (a) The general assembly finds that a diversion of water out of the basin, unless conducted under the Great Lakes—St. Lawrence River Basin Water Resources Compact, will impair or destroy the Great Lakes. The general assembly further finds that the regulation of a diversi…

Sec. 2. (a) Water in a natural stream, natural lake, or another natural body of water in Indiana that may be applied to a useful and beneficial purpose is declared to be: (1) a natural resource and public water of Indiana; and (2) subject to control and regulation for the public …

Sec. 3. (a) The owner of land contiguous to or encompassing a public watercourse may use water from the public watercourse in the quantity necessary to satisfy the owner's needs for domestic purposes, including the following: (1) Water for household purposes. (2) Drinking water f…

Sec. 4. (a) This section applies to land contiguous to or encompassing a public watercourse. (b) The: (1) owner or group of owners of the land; or (2) person, firm, limited liability company, corporation, unit of government, or association for irrigation or other purposes owning …

Sec. 5. (a) A public utility, a person, a firm, a limited liability company, a corporation, a unit of government, or an association for irrigation or other purposes that creates additional stream volumes by releases from impoundments built and financed by the entity for the entit…

Sec. 6. (a) The standard units for the measurement of the flow of water are a cubic foot per second and a gallon per minute. (b) The standard units for the measurement of stored water are an acre-foot and a gallon. (c) The standards and methods for the measurement of the volume o…

Sec. 7. (a) Upon approval of the commission and subject to subsection (b), any person, whether or not the owner of land contiguous to or encompassing a watercourse, may divert the flood water of a watercourse for any useful purpose, including the purpose of storage. (b) A diversi…

Sec. 8. Whenever a dispute arises between the users of surface water in a watershed area, any party to the dispute may make a formal request that an administrative law judge with the office of administrative law proceedings mediate the dispute using the mediation provisions under…

Sec. 9. A person who uses ground water or surface water shall, when requested by the commission, report to the commission the volume of water used by the person in a specific period. The commission may, in the commission's rules, prescribe the method of making the reports. [Pre-1…

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 geolog…

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 cre…

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, …

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 Con…

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 i…

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…

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…

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 si…

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)…

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 utili…

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 …

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 agenci…

Sec. 1. The department shall do the following: (1) Investigate, compile, and disseminate information and make recommendations relative to the drainage and reclamation of land. (2) Make surveys and reconnaissance and prepare the maps, charts, statistical tables, and other document…

Sec. 2. Within five (5) days after: (1) an order has been made by a circuit or superior court, board of commissioners, or county auditor referring a petition for drainage or for the establishment and construction of a levee or dike to the: (A) drainage or levee commissioners; (B)…

Sec. 3. The letter required by section 2 of this chapter must state the following: (1) The names and addresses of the drainage or levee commissioners or the members of the board of directors. (2) The date and place of meeting of the commissioners or board of directors to make per…

Sec. 4. Upon the receipt of notice under section 2 of this chapter or at any time thereafter, the department may obtain, collate, and interpret the data, statistics, or other information relative to the proposed ditch, drain, levee, or dike that in the discretion of the departmen…

Sec. 5. The department may, upon the receipt of a request in writing from: (1) the circuit or superior court or the board of county commissioners having jurisdiction of the case; (2) the drainage or levee commissioners; (3) the board of directors of an incorporated levee or dike …

Sec. 6. The department may direct the technical advisor designated under section 5 of this chapter to do any of the following: (1) Accompany the drainage or levee commissioners, the joint board of drainage commissioners, or the board of directors of an incorporated levee or dike …

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 flood…

Sec. 1.2. "Boundary river", for purposes of this chapter, means the part of the Ohio River that forms the boundary between Kentucky and Indiana. As added by P.L.135-1997, SEC.11.

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.

Sec. 10. The title to all land, easements, flood easements, or other interest in land or other property or rights acquired by the commission must be: (1) approved by the attorney general; and (2) taken in the name of the state of Indiana. [Pre-1995 Recodification Citation: 13-2-2…

Sec. 11. (a) The commission may exercise the power of eminent domain. If the commission is unable to agree with the owner for the purchase of: (1) land; (2) an easement; (3) a flood easement; (4) other interest in land; or (5) other property or right that in the commission's opin…

Sec. 12. The commission has jurisdiction over the public and private waters in Indiana and the adjacent land necessary for flood control purposes or for the prevention of flood damage. The commission shall do the following: (1) Make a comprehensive study and investigation of all …

Sec. 13. (a) The commission may construct flood control works or a part of flood control works. The commission may perform the duties in cooperation with any of the following: (1) A person. (2) A state agency. (3) Other states or an agency of another state. (4) The United States …

Sec. 14. The commission shall do the following: (1) Make surveys and investigations of the water resources of Indiana, giving consideration to the need for and appropriate sources of suitable water supplies for domestic, agricultural, municipal, industrial, power, transportation,…

Sec. 15. (a) The commission shall, in the course of the commission's investigations and surveys of multiple purpose flood control reservoirs, obtain recommendations from the department relative to the comprehensive planning of: (1) recreational facilities; (2) hunting and fishing…

Sec. 16. The commission shall do the following: (1) Encourage and promote local initiative and effort in providing flood control and in the development of water resources, subject to the regulation and control provided by law. (2) Cooperate with, advise, disseminate information t…

Sec. 17. The commission may do the following: (1) Represent and act for and in behalf of the state, subject to the approval of the governor, in all matters of flood control and the water resources of Indiana with the United States and any other state. (2) Cooperate with, obtain, …

Sec. 18. (a) This section applies to real property: (1) for which the state has the custody, management, possession, or control; and (2) in which the state has a right, a title, or an interest. (b) The state may, with the written approval of the governor, give, grant, and convey …

Sec. 19. A person is not required to obtain a permit from the department under sections 20, 21, 22, 23, 24, and 25 of this chapter for the following activities: (1) An abode or a residence constructed on land that meets the following conditions: (A) Is between the 791.0 mile mark…

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 i…

Sec. 20. A person may not do any of the following: (1) Erect in or on any floodway a permanent structure for use as an abode or a place of residence, except as authorized under sections 24, 25, and 26.5 of this chapter. (2) Except as authorized under section 26.5 of this chapter,…

Sec. 21. A structure, an obstruction, a deposit, or an excavation described in section 20(2) of this chapter is a public nuisance. The director may commence, maintain, and prosecute an appropriate action to enjoin or abate a nuisance, including the following: (1) Any of the nuisa…

Sec. 22. (a) As used in subsection (b)(1) with respect to a stream, "total length" means the length of the stream, expressed in miles, from the confluence of the stream with the receiving stream to the upstream or headward extremity of the stream, as indicated by the solid or das…