CHAPTER 4. LAKES; AVERAGE NORMAL WATER LEVEL
IC 14-26-4
Chapter 4. Lakes; Average Normal Water Level
IC 14-26-4-1
"Average normal water level" defined
Sec. 1. As used in this chapter, "average normal water level" of alake means the level between high water that occurs as a result ofexcessive precipitation and low water that occurs during protracteddry periods that will do the following:
(1) Provide the most benefit to the public.
(2) Best protect the public health, welfare, and safety.
(3) Best preserve the natural resources of Indiana.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-2
Establishment and maintenance of average normal water level
Sec. 2. The department may do the following:
(1) Have established, by appropriate legal action, the averagenormal water level or area of all natural and artificial lakes ofIndiana.
(2) Construct or sponsor and supervise the construction ofdams, spillways, and control works necessary to maintain theaverage normal water level.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-3
Reports; preparation
Sec. 3. A concise report containing a description of the lake andlocation, together with all data necessary to reveal and fix:
(1) the average normal water level or area of the lake; and
(2) the highest elevation to which the water has risen during theprior ten (10) years;
shall be prepared and signed by an officer of the department.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-4
Method of determination
Sec. 4. The average normal water level shall be determined bymeans such as the following:
(1) Old surveys.
(2) Testimony of old inhabitants.
(3) The extent to which drainage and other artificial causes haveincreased or decreased the natural ground water of the area andaffected the water levels of the lake.
(4) Water level measurements made by the following:
(A) The United States Geological Survey.
(B) The department.
(C) Other agencies.
(D) Individuals.
(5) Any other pertinent surrounding facts or circumstances.As added by P.L.1-1995, SEC.19.
IC 14-26-4-5
Reports; filing
Sec. 5. The department shall file the report with the following:
(1) The commission.
(2) The clerk of the circuit court with jurisdiction in the countyin which the greatest area of the lake is situated.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-6
Reports; docket; notice
Sec. 6. The clerk of the circuit court shall do the following:
(1) Immediately docket the report as a cause of action pendingin the circuit court of the county.
(2) Cause notice to be published for two (2) consecutive weeksin two (2) newspapers of general circulation in each county inwhich the lake is situated. The notice must briefly describe thenature of the report and fix a day for the hearing of the report.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-7
Court to hear evidence
Sec. 7. The court shall, on the day fixed in the notice or on a laterday to be fixed by the court, hear all of the evidence submittedrespecting the matter submitted by the following:
(1) The department.
(2) Any other agency of government.
(3) Any affected landowners.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-8
Findings; judgments
Sec. 8. (a) After the hearing, the court shall do the following:
(1) Make findings of fact.
(2) Give an appropriate judgment establishing the level and areaof the lake.
(b) If the judgment is favorable to the moving party, a descriptionof:
(1) a monument;
(2) the location of the monument; and
(3) all data furnished by the report;
shall be made a part of the court's findings and judgment byreference.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-9
Lake level record
Sec. 9. (a) If the judgment is favorable to the moving party, thefindings and judgment of the court properly certified by the clerk of
the court shall be recorded in a lake level record to be kept in therecorder's office of each county having land draining into the lake.Each county in which is situated a lake other than a private lake shallprovide record books for this purpose. The county recorders maymake the recordings by pasting or otherwise securely attaching thereport containing all descriptive material in the record, which shallbe properly indexed and paged.
(b) The clerk and the county recorder may not make or enter ofrecord a charge for their services.
(c) Certified copies of the record of the judgment of the court askept in the office of the clerk of the circuit court and of the recordsrecorded in the office of the county recorder shall be received inevidence in any court in Indiana as conclusive evidence of all matterscontained in the records.
(d) The department shall make and keep a similar record as a partof the public records of the state.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-10
Monument
Sec. 10. Within one (1) year after the court has established theaverage normal water level or area, the department shall construct asuitable permanent monument as prescribed in the findings of thecourt on the shore of the lake. The monument must contain thefollowing:
(1) The name of the lake.
(2) The average water normal level.
(3) The size if established.
(4) The highest level to which the lake has risen during the ten(10) years preceding the time of the filing of the complaint.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-11
Applicability to dams, spillways, and control works
Sec. 11. The requirements and procedure prescribed by thischapter for reports, notice, court procedure, and record apply to alldams, spillways, and control works provided for in this chapter.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-12
Construction of dams, spillways, or control works
Sec. 12. The department may do the following:
(1) Accept contributions or grants-in-aid from:
(A) an individual;
(B) a group of individuals; or
(C) county, state, or federal agencies;
to finance the construction of dams, spillways, or control worksto maintain the average normal water level of a lake.
(2) Sponsor the building of dams, spillways, or control worksto maintain the average normal water level of a lake. (3) Sponsor the building of dams, spillways, or control worksby:
(A) an individual;
(B) a group of individuals; or
(C) county, state, or federal agencies.
The department shall supervise the construction.
As added by P.L.1-1995, SEC.19.