Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES
296 chapters · 3,312 sections in this title.
Ind. Code § 14-34-19-1 Federal money
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Sec. 1. (a) Money received by the department from the federal government for use in the restoration of abandoned mine land under this chapter shall be deposited in separate dedicated funds administered by the department. The funds may only be used to effect the restoration of aba…
Ind. Code § 14-34-19-1.3 Acid mine drainage abatement and treatment fund
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Sec. 1.3. (a) As used in this section, "fund" refers to the acid mine drainage abatement and treatment fund established by subsection (b). (b) The acid mine drainage abatement and treatment fund is established for the purpose of the abatement of the causes and the treatment of th…
Ind. Code § 14-34-19-1.5 Reclamation set-aside fund
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Sec. 1.5. (a) As used in this section, "fund" refers to the reclamation set-aside fund established by subsection (b). (b) The reclamation set-aside fund is established for the following purposes: (1) The protection of public health and property from the extreme danger of the adve…
Ind. Code § 14-34-19-10 Transfer of land to state agency
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Sec. 10. After restoration of the acquired land, the director may, with the approval of the governor, transfer jurisdiction of the land or a part of the land to a state agency that can best use the land for public purposes. [Pre-1995 Recodification Citation: 13-4.1-15-10.] As add…
Ind. Code § 14-34-19-11 Sale of land with governor's approval
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Sec. 11. (a) If retention of the land by the director or other state agency is impractical, the director may, with the approval of the governor, do either of the following: (1) Sell the land to political subdivisions of the state at the cost of acquisition and restoration. (2) Di…
Ind. Code § 14-34-19-12 Liens
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Sec. 12. (a) Within six (6) months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the director: (1) shall itemize the money expended; and (2) if a lien reveals an increase in …
Ind. Code § 14-34-19-13 Powers of director
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Sec. 13. (a) The director may do the following: (1) Fill voids and open abandoned tunnels, shafts, and entryways resulting from a previous mining operation that constitutes a hazard to the public health or safety. (2) Reclaim surface impacts of underground or surface mines that t…
Ind. Code § 14-34-19-14 Plants for controlling and treating water pollution from mine
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drainage Sec. 14. The director may construct and operate plants for the control and treatment of water pollution resulting from mine drainage. The extent of the control and treatment is dependent upon the ultimate use of the water. [Pre-1995 Recodification Citation: 13-4.1-15-14.…
Ind. Code § 14-34-19-15 Mine land reclamation projects; requirements
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Sec. 15. (a) This section applies to the following: (1) When the department is considering a mine land reclamation project under IC 14-34-1-2 or 312 IAC 25-2-3 that is: (A) at least fifty percent (50%) funded by funds appropriated from a governmental entity that finances the cons…
Ind. Code § 14-34-19-2 Lands and water eligible for reclamation or drainage
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abatement expenditures Sec. 2. (a) Lands and water eligible for reclamation or drainage abatement expenditures under this chapter are those: (1) that were: (A) mined for coal; or (B) affected by the mining, wastebanks, coal processing, or other coal mining processes; (2) that wer…
Ind. Code § 14-34-19-3 Priorities for expenditures
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Sec. 3. (a) Expenditure of money from the fund created by section 1 of this chapter on lands and water eligible under section 2 of this chapter must reflect the following priorities in the order stated: (1) The protection of public health, safety, general welfare, and property fr…
Ind. Code § 14-34-19-5 Director entering property to conduct studies or exploratory
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work Sec. 5. (a) The director may enter upon any property for the purpose of conducting studies or exploratory work to determine the following: (1) The existence of adverse effects of past coal mining practices. (2) The feasibility of restoration, reclamation, abatement, control,…
Ind. Code § 14-34-19-6 Acquisition of adversely affected land for reclamation
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Sec. 6. The director may, by purchase, donation, or condemnation, acquire land that is adversely affected by past coal mining practices if the director determines that acquisition of the land is necessary to successful reclamation and that: (1) the acquired land, after restoratio…
Ind. Code § 14-34-19-7 Title and price of land purchased
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Sec. 7. Title to all land acquired by the director under this chapter is in the name of the state. The price paid for the land must reflect the market value of the land as adversely affected by past coal mining practices. [Pre-1995 Recodification Citation: 13-4.1-15-7.] As added …
Ind. Code § 14-34-19-8 Public sale of land
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Sec. 8. If land acquired by the director under this chapter is suitable for industrial, commercial, residential, or recreational development, the director may sell the land: (1) by public sale under a system of competitive bidding at not less than fair market value; and (2) under…
Ind. Code § 14-34-19-9 Public hearing
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Sec. 9. The director shall, when requested after appropriate public notice, hold a public hearing in accordance with IC 4-21.5 in the county in which the land acquired by the director under this chapter is located. The hearing shall be held at a time that affords local citizens a…
Ind. Code § 14-22-20-1 Issuance; fee
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Sec. 1. (a) The owner of a hunting preserve licensed under IC 15-17-14.7 is not required to obtain a game breeder's license under this section. (b) The owner of a cervidae livestock operation under IC 15-17-14.5 is not required to obtain a game breeder's license under this sectio…
Ind. Code § 14-22-20-2 Sales authorized; application
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Sec. 2. (a) A license issued under this chapter authorizes the possession or sale of nonmigratory game birds or wild animals. An individual who: (1) acquires a wild animal alive, legally in open season; or (2) purchases the game bird or wild animal from a licensed game breeder; m…
Ind. Code § 14-22-20-3 Importation of out-of-state animals
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Sec. 3. An animal raised domestically by an out-of-state breeder may be imported into Indiana. A purchaser of such an animal raised domestically by an out-of-state breeder must be able to show legal proof of out-of-state origin for all animals possessed. [Pre-1995 Recodification …
Ind. Code § 14-22-20-4 Exemption for certain animals
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Sec. 4. (a) This section applies to the following: (1) Marten. (2) Mink. (3) Chinchilla. (4) Domesticated rabbits, except cottontail. (b) The: (1) breeding, raising, and producing in captivity; and (2) marketing; of an animal listed in subsection (a) is considered an agricultural…
Ind. Code § 14-33-20-1 Applicability of chapter
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Sec. 1. (a) This chapter applies only to furnishing water supply for domestic, industrial, and public use. (b) This chapter does not apply to the accomplishment of any other purpose: (1) for which a district has been established; or (2) that is added to the purposes of the distri…
Ind. Code § 14-33-20-10 Commission's findings after hearing
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Sec. 10. (a) The commission shall, after hearing the evidence introduced at the hearing under section 8 of this chapter, enter a finding that the convenience and necessity of the public proposed to be served in the area in which the additional users are located: (1) will; or (2) …
Ind. Code § 14-33-20-12 Supplying water to additional users outside territorial
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boundaries; jurisdiction; expenses Sec. 12. (a) IC 14-33-4-2 does not apply to the addition of territory to a district in any county for the purpose of supplying water to additional users outside the territorial boundaries of the district. The commission has exclusive jurisdictio…
Ind. Code § 14-33-20-13 Reasonable and just charges for services; rates
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Sec. 13. (a) A district coming under this chapter shall furnish reasonably adequate services and facilities. The charge made by the district for a service provided or to be provided, either directly or indirectly, must be nondiscriminatory, reasonable, and just. Every discriminat…
Ind. Code § 14-33-20-14 Schedule of rates and charges; regulation
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Sec. 14. A district coming under this chapter shall file the initial schedule of rates and charges to patrons of the district with the commission. If changes in rates and charges are necessary, the district is subject to the jurisdiction of the commission in the same manner as pr…
Ind. Code § 14-33-20-15 "Net revenues" defined
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Sec. 15. (a) As used in this section, "net revenues" means gross revenues less the reasonable cost of operation and maintenance. (b) A district coming under this chapter may pay the costs, including incidental expenses, of constructing or otherwise acquiring all the works of impr…
Ind. Code § 14-33-20-16 Resolution authorizing bonds, notes, or other evidences of
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indebtedness Sec. 16. All bonds, notes, or other evidences of indebtedness payable from revenues may be authorized only by resolution of the board. The resolution, as well as the bonds, notes, or other evidences of indebtedness issued under the resolution, is a contract with all …
Ind. Code § 14-33-20-17 Requirements for bonds, notes, or other evidences of
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indebtedness Sec. 17. (a) All bonds, notes, or other evidences of indebtedness that are authorized by the resolution must be in one (1) or more series and may: (1) bear the date; (2) mature at a time not exceeding fifty (50) years from the date of issuance; (3) bear interest at a…
Ind. Code § 14-33-20-18 Execution of bonds, notes, or other evidences of indebtedness;
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valid and binding obligations Sec. 18. (a) The bonds, notes, or other evidences of indebtedness shall be executed in the name of the district by the chairman of the board and attested by the secretary. Interest coupons may be executed by placing the facsimile signature of the cha…
Ind. Code § 14-33-20-19 Validity of authorization and issuance of bonds, notes, or other
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evidences of indebtedness Sec. 19. The validity of the authorization and issuance of the bonds, notes, or other evidences of indebtedness is not dependent on or affected in any way by the following: (1) Proceedings taken for the improvement for which the bonds, notes, or other ev…
Ind. Code § 14-33-20-2 "Commission" defined
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Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission. [Pre-1995 Recodification Citation: 13-3-4-1(b).] As added by P.L.1-1995, SEC.26.
Ind. Code § 14-33-20-20 Recital of authority of bond, note, or other evidence of
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indebtedness Sec. 20. A resolution authorizing bonds, notes, or other evidences of indebtedness payable from revenues must provide that a bond, note, or other evidence of indebtedness payable from revenues contain a recital that the bond, note, or other evidence of indebtedness i…
Ind. Code § 14-33-20-21 Sale of bonds, notes, or other evidences of indebtedness
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Sec. 21. The bonds, notes, or other evidences of indebtedness payable from revenues: (1) shall, except as provided in subdivision (4), be sold at public sale as provided by general statutes concerning the sale of bonds; (2) may be sold at different times or an entire issue or ser…
Ind. Code § 14-33-20-22 Bonds, notes, or other evidences of indebtedness equally and
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ratably secured by lien Sec. 22. All bonds, notes, or other evidences of indebtedness of the same issue shall be equally and ratably secured, without priority because of: (1) number or date of issue; (2) sale; (3) execution; or (4) delivery; by a lien upon the revenues in accorda…
Ind. Code § 14-33-20-23 Constitutionally restricted bonds or debts not authorized
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Sec. 23. This chapter does not authorize the board to do anything that would result in the creation of an instrument that constitutes a bond or debt within the meaning of the constitutional restriction relating to: (1) the creation or incurring of a debt or indebtedness; or (2) t…
Ind. Code § 14-33-20-24 Restrictions on bonds, notes, or other evidences of
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indebtedness Sec. 24. (a) The bonds, notes, or other evidences of indebtedness, including interest, are not any of the following: (1) A debt of the district or the board. (2) A charge, lien, or encumbrance, legal or equitable, upon: (A) property of the district; or (B) income, re…
Ind. Code § 14-33-20-25 Bonds, notes, or other evidences of indebtedness issued for
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refunding other indebtedness Sec. 25. Bonds, notes, or other evidences of indebtedness may be issued for refunding outstanding bonds, notes, or other evidences of indebtedness of the district in the discretion of the board. However, refunding may not contradict the terms of a res…
Ind. Code § 14-33-20-27 Tax exemptions
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Sec. 27. The: (1) bonds, notes, or other evidences of indebtedness; (2) proceeds from and the interest on the bonds, notes, or other evidences of indebtedness; (3) water property and facilities of the district; and (4) revenues received from the furnishing of water and providing …
Ind. Code § 14-33-20-28 Security of bonds, notes, or other evidences of indebtedness
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Sec. 28. (a) To adequately secure the payment of the bonds, notes, or other evidences of indebtedness, including interest, payable from revenues, the board and the board's officers, agents, and employees shall do the following: (1) Pay punctually the principal of every bond, note…
Ind. Code § 14-33-20-29 Provisions compromising parts of bonds, notes, or evidences of
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indebtedness Sec. 29. (a) The board may insert, in a resolution authorizing the issuance of bonds, notes, or other evidences of indebtedness payable from revenues, provisions that then comprise a part of the contract with the holders of the bonds, notes, or other evidences of ind…
Ind. Code § 14-33-20-3 "Water facilities" and "water supply" defined
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Sec. 3. As used in this chapter, "water facilities" and "water supply" include the following: (1) Source of supply. (2) Treatment facilities. (3) Purifying and storage facilities. (4) Distribution systems. (5) Appurtenant equipment. (6) Materials and supplies. (7) Land, easements…
Ind. Code § 14-33-20-30 Application for appointment of receiver of water facilities
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Sec. 30. If: (1) the: (A) board defaults in the payment of the principal or interest on any of the bonds, notes, or other evidences of indebtedness payable from revenues after the bonds, notes, or other evidences of indebtedness have become due, whether at maturity or upon call f…
Ind. Code § 14-33-20-31 Appointment of receiver of water facilities
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Sec. 31. Upon an application the circuit court, superior court, or probate court: (1) may appoint; and (2) shall appoint, if the application is made by the holders or a trustee of the holders of twenty-five percent (25%) in principal amount of the bonds, notes, or other evidences…
Ind. Code § 14-33-20-33 Duties of receiver
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Sec. 33. A receiver appointed under this chapter shall do the following: (1) Have, hold, use, operate, manage, and control the facilities. (2) In the name of the board or otherwise, exercise all rights and powers of the board with respect to the water facilities as the board migh…
Ind. Code § 14-33-20-34 Surrender of possession of water facilities by receiver
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Sec. 34. (a) Whenever: (1) all that is due: (A) upon the bonds, notes, or other evidences of indebtedness payable from revenues, including interest; and (B) upon other notes, bonds, or other obligations, including interest, having a charge, lien, or encumbrance on the revenues of…
Ind. Code § 14-33-20-35 Court supervision of receiver
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Sec. 35. (a) A receiver appointed under this chapter: (1) shall, in the performance of the powers conferred upon the receiver, act under the supervision of the court making the appointment; (2) is at all times subject to the orders of the court; and (3) may be removed by the cour…
Ind. Code § 14-33-20-36 Protection of holders or trustees
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Sec. 36. Subject to contractual limitations binding upon the holders or trustees for the holders of an issue of bonds, notes, or other evidences of indebtedness payable from revenues, including restrictions on the exercise of a remedy to a specified proportion of holders, a holde…
Ind. Code § 14-33-20-37 Remedies
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Sec. 37. (a) A remedy conferred by this chapter upon a holder or trustee for a holder of bonds, notes, or other evidences of indebtedness payable from revenues: (1) is in addition to every other remedy; and (2) may be exercised without exhausting and without regard to any other r…
Ind. Code § 14-33-20-38 Discharge of indebtedness
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Sec. 38. (a) Notwithstanding any other provision of this chapter, a district may do the following: (1) Borrow money from the state in accordance with other statutes. (2) Evidence the indebtedness upon terms and conditions that are provided in the statutes or that the state requir…
Ind. Code § 14-33-20-39 Liberal construction of chapter
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Sec. 39. This chapter shall be liberally construed to facilitate the financing of water supply systems of districts. [Pre-1995 Recodification Citation: 13-3-4-16.] As added by P.L.1-1995, SEC.26.