CHAPTER 1. RESERVOIRS; LAND ACQUISITION AND CREATION
IC 14-26
ARTICLE 26. LAKES AND RESERVOIRS
IC 14-26-1
Chapter 1. Reservoirs; Land Acquisition and Creation
IC 14-26-1-1
Legislative findings regarding need for reservoir sites
Sec. 1. (a) It is recognized that the growth and spread of urbandevelopment and highways is encroaching upon and ofteneliminating many open areas that are suitable for reservoirs neededfor water supply storage in the near future. Because of the variedtopography and the geological differences that exist in thesubsurface, there are a limited number of desirable reservoir sites inIndiana. There is an increasing demand for water supply storage tobe used for the following purposes:
(1) Domestic use.
(2) Municipal use.
(3) Commercial use.
(4) Industrial use.
(5) Agricultural use, including irrigation.
(6) Recreational use.
(7) Sewage dilution.
(8) Pollution abatement.
(9) General health purposes.
(10) Power.
(11) Transportation.
(12) Maintenance of desirable levels of stream flow.
(13) Flood prevention and control.
(b) Therefore, it is the duty of the general assembly to provideboth for the immediate and future needs of the people of Indiana. Thegeneral assembly is providing the means through this chapter bywhich the state, municipalities, special taxing districts, and publicutilities may secure needed reservoir sites to meet both the presentand the future needs for storage of water even though there may beno present, immediate need.
As added by P.L.1-1995, SEC.19.
IC 14-26-1-2
Legislative findings regarding regulation of flow of rivers andwaters
Sec. 2. (a) The unregulated flow of the rivers and water of Indianaresults in periods of destructive floods upsetting the orderlyprocesses of industry, agriculture, commerce, and life in general andcausing loss of life and property. The unregulated flow results inperiods of inadequate water flow during which municipal, industrial,and agricultural water supplies are made inadequate and thepropagation of fish and wildlife is adversely affected.
(b) This unregulated flow is a menace to the general welfare andeconomy of the people of Indiana. The regulation of the flow of the
rivers and water of Indiana is a proper activity of the state,independently or in cooperation with the United States, an agency ofthe United States, or a political subdivision of the state.
(c) The state should improve or participate in the improvement ofthe rivers and water of Indiana to regulate the flood and low waterflow of the rivers and water and so that the lives and general welfareof the people of Indiana are protected and enhanced.
As added by P.L.1-1995, SEC.19.
IC 14-26-1-3
Public purpose
Sec. 3. Storage reservoirs providing for the regulation of the flowof the rivers and water of Indiana in the interest of:
(1) flood control, water supply for all beneficial purposes, waterquality control, navigation, and both general and fish andwildlife recreation; or
(2) any feasible combination of the purposes described insubdivision (1);
are in the public interest and contribute to the general economy,welfare, public health, and safety of the people of Indiana.
As added by P.L.1-1995, SEC.19.
IC 14-26-1-4
Purchase or condemnation of land by commission
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, asprovided in this chapter, in land necessary for reservoirs forstorage of water to be used for:
(A) any;
(B) a combination of any; or
(C) all;
purposes stated in section 1 of this chapter.
(3) Construct and otherwise develop necessary structures forimpoundment of water on sites acquired for reservoirs. If theimpoundment inundates or otherwise physically affectsproperties under the jurisdiction of any other commission ordepartment of the state, the commission shall secure the consentof the other commission or department before proceeding withthe impoundment.
As added by P.L.1-1995, SEC.19.
IC 14-26-1-5
Purchase or condemnation of land on behalf of public entity withright or duty to supply or store water
Sec. 5. The commission, on behalf of the state, or a municipality,special taxing district, or public utility that by other law has the rightor duty to supply or store water for any of the purposes stated insection 1 of this chapter may do the following:
(1) Purchase the fee simple interest in land or easements over,
upon, and across land for the purpose of flooding, inundation,and storage of water necessary to water supply to be used forany of the purposes stated in section 1 of this chapter.
(2) Condemn and take the fee simple interest or easement if areservoir for water supply storage is considered to be necessaryat any time within twenty (20) years after the date of the taking.
As added by P.L.1-1995, SEC.19.
IC 14-26-1-6
Statement regarding condemnation of property; valuation
Sec. 6. (a) If an agreement cannot be reached by the owner of theland considered needed for the reservoir site and the taker that isauthorized to condemn the site by section 5 of this chapter, the takermust set forth the following:
(1) The interest to be taken in the land.
(2) The earliest date on which the taker intends to store wateror to start construction to create a reservoir impoundment forthe purposes set forth in section 1 of this chapter.
(b) The appraisers appointed by the court in the condemnationproceedings shall value the interest to be taken accordingly, givingdue consideration to the fact that the owner of the land has use of theland, subject to the terms of the interest sought to be taken, until thedate upon which the land may be inundated according to the terms ofthe complaint. In arriving at the proper valuation to be paid theowner of the land for the easement or the interest in fee to be takenor purchased, the landowner is considered to own the land for a termof years ending with the date set out in the complaint. The interesttaken shall be valued as a remainder interest after that term of years.
As added by P.L.1-1995, SEC.19.
IC 14-26-1-7
Cost of easement or interest in land
Sec. 7. The cost of an easement or interest in the fee, eitherpurchased or condemned, for present or for future needs, isconsidered to be the cost of used and useful property commencingwith the date the payment for the land or an interest in the land ismade. The Indiana utility regulatory commission shall take due noteof the fact that a fee simple interest or easement, however acquired,is used and useful property in a rate making proceeding in which autility owning a fee simple interest or easement is involved.
As added by P.L.1-1995, SEC.19.
IC 14-26-1-8
Rights of owners from whom easements or remainder intereststaken
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 ofthe holder of the easement or remainder interest in fee simple. (b) The owner may use the land for agricultural, recreational, orother purposes, but the use is subject to the dominant purpose ofstorage of water.
(c) If:
(1) any improvements are placed on the land after the land istaken or purchased for a reservoir site, either by the taking orpurchase of an easement or a fee after a fixed term of years; and
(2) the improvements interfere with the use of the land for anyof the purposes of storage of water;
when the land is used for storage of water, the improvements may beremoved without compensation and at the expense of the person whoheld the land subject to the remainder easement or fee.
As added by P.L.1-1995, SEC.19.
IC 14-26-1-9
Approval of complaint for condemnation
Sec. 9. A complaint for condemnation, other than by thecommission, under this chapter may not be filed in a court unless thetaker has received approval from both the department and thedepartment of environmental management. These agencies shall giveapproval only if the agencies find the following:
(1) That based on sound engineering principles, the site issatisfactory for water supply storage.
(2) That there is a probable future need for water supply storagethat can be served from the reservoir site.
As added by P.L.1-1995, SEC.19.
IC 14-26-1-10
Source of money for commission
Sec. 10. (a) The commission shall, when acting on behalf of thestate under this chapter, derive the needed money for purchase ortaking and for construction of necessary structures for impoundmentfrom either or both of the following:
(1) The water resources development fund created byIC 14-25-2-4.
(2) Appropriations that the general assembly makes available tothe commission for these purposes.
(b) The income derived to the commission from:
(1) the sale of water from impoundments; or
(2) payments made by persons or corporations, private orpublic, who have contracted with the commission for themaintenance by the commission of certain minimum quantitiesof stream flow;
shall be deposited in the water resources development fund.
As added by P.L.1-1995, SEC.19.
IC 14-26-1-11
Cooperation with federal government not authorized
Sec. 11. (a) This section applies to the following multipurposereservoirs 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, c.434, s.3,and Acts 1969, c.434, s.4, the department may not:
(1) cooperate with the United States or an agency of the UnitedStates in the planning, construction, operation, or maintenanceof;
(2) enter into, on behalf of the state, an agreement with theUnited States or an agency of the United States relating to; or
(3) pay a share of the costs for water supply or recreation of;
a reservoir subject to this section.
As added by P.L.1-1995, SEC.19.
IC 14-26-1-12
Cooperation with federal government authorized
Sec. 12. (a) The department shall cooperate with the United Statesand the appropriate agencies of the United States in the planning,construction, operation, and maintenance of:
(1) the Downeyville multiple purpose reservoir, which has beenauthorized for construction by the Congress of the UnitedStates; and
(2) the Richland Creek reservoir in Greene County if theconstruction of the Richland Creek reservoir is authorized byCongress.
(b) The department may, on behalf of the state and subject to theapproval of the governor, enter into agreements with the UnitedStates or agencies of the United States necessary to do the following:
(1) Fully effectuate the authorized purposes and functions of thereservoirs.
(2) Pay a share of the costs of the reservoirs for the purposes ofwater supply and recreation.
(c) The state's share of the costs:
(1) must be computed on the basis of the laws of the UnitedStates pertaining to multiple purpose reservoir projects; and
(2) must be requested by the department in the regular biennialbudget requests.
As added by P.L.1-1995, SEC.19.