CHAPTER 3. LAKES, RIVERS, AND STREAMS PRESERVATION SUITS; PARTIES

IC 14-26-3
    Chapter 3. Lakes, Rivers, and Streams Preservation Suits; Parties

IC 14-26-3-1
"Lake" defined
    Sec. 1. As used in this chapter, "lake" includes both meanderedand unmeandered lakes.
As added by P.L.1-1995, SEC.19.

IC 14-26-3-2
"River" defined
    Sec. 2. As used in this chapter, "river" includes both navigableand nonnavigable rivers and streams.
As added by P.L.1-1995, SEC.19.

IC 14-26-3-3
Department becoming party to or prosecuting action to preservelakes, rivers, or streams
    Sec. 3. The department may do the following:
        (1) Become a party, either plaintiff or defendant, to any causeor legal action:
            (A) that is pending in any court in Indiana; or
            (B) that is brought or commenced in any court in Indiana;
        affecting the preservation or maintenance of the lakes, rivers,and streams in Indiana.
        (2) Commence and prosecute any cause in any court in Indianafor the purpose of preserving and maintaining the waters of thestate.
As added by P.L.1-1995, SEC.19.

IC 14-26-3-4
Courts recognizing department's right to become party
    Sec. 4. A court acting under Indiana law shall recognize the rightof the department to become a party to any action involving thepreservation and maintenance of lakes, rivers, and streams for thepurposes set out in this chapter.
As added by P.L.1-1995, SEC.19.

IC 14-26-3-5
Department becoming party to drainage proceeding
    Sec. 5. For the purposes and in the manner provided in thischapter, the department may become a party to any drainageproceeding in any court acting under Indiana law, to prosecute ordefend any cause that in the opinion of the officers of the departmentwill injuriously affect the water levels of a lake, river, or stream inIndiana.
As added by P.L.1-1995, SEC.19.

IC 14-26-3-6
Department as party in interest    Sec. 6. In the interest of public health and convenience, thedepartment is a party in interest in the matters set out in this chapter.Nonbenefit or the nonownership of land affected by a cause may notbe pleaded in any court acting under Indiana law as a bar to the rightof the department to appear, commence, prosecute, or defend in thecause.
As added by P.L.1-1995, SEC.19.