CHAPTER 1. DUTIES OF DEPARTMENT

IC 14-27
    ARTICLE 27. LEVEES, DAMS, AND DRAINAGE

IC 14-27-1
    Chapter 1. Duties of Department

IC 14-27-1-1
General duties of department
    Sec. 1. The department shall do the following:
        (1) Investigate, compile, and disseminate information and makerecommendations relative to the drainage and reclamation ofland.
        (2) Make surveys and reconnaissance and prepare the maps,charts, statistical tables, and other documents andappurtenances that are considered necessary to enablelandowners, public officials, or other persons interested in orcharged by law with the duty of promoting and securing thedrainage and reclamation of land to proceed more intelligentlywith their work.
        (3) Recommend and secure the enforcement of laws for thedrainage and reclamation of the swamp, overflowed, andnonarable land of Indiana.
        (4) Ascertain, determine, designate, and define natural drainageand reclamation areas. When requested, place at the disposal ofthe public officials charged by law with the establishment andexecution of the work the information that will enable thepublic officials, when providing for the drainage or reclamationof a component part of the natural drainage or reclamationareas, to proceed with the work so that the component systems,when established and completed, form a scientificallyintegrated system whereby the entire natural drainage orreclamation area is most economically and scientifically drainedor reclaimed.
        (5) Prepare computations of the probable maximum quantity ofwater likely to be collected from a drainage or reclamation areaor district and discharged by a ditch or system of ditches ordrains, together with the probable maximum capacity of theoutlet by which the water is to make its escape.
        (6) Prepare computations of the probable maximum quantity ofwater likely to be restrained or impounded by a levee or dike ora system of levees or dikes, together with the location and theprobable maximum height and strength of the proposed dikes orlevees by which the water is to be restrained and impounded.
        (7) Make the computations prepared under subdivisions (5) and(6) available, on request, to and placed at the disposal of apublic official or other person authorized by law to locate,establish, or construct ditches, drains, levees, or dikes for thepurpose of enabling the person to locate, establish, andconstruct the ditches, drains, levees, or dikes so that land other

than land assessed for benefits and wherever located is notsubjected to inundation, overflow, or unnecessary or unnaturalhazard or inconvenience.
As added by P.L.1-1995, SEC.20.

IC 14-27-1-2
Notices required to be made to department
    Sec. 2. Within five (5) days after:
        (1) an order has been made by a circuit or superior court, boardof commissioners, or county auditor referring a petition fordrainage or for the establishment and construction of a levee ordike to the:
            (A) drainage or levee commissioners;
            (B) county surveyor; or
            (C) joint board of drainage commissioners for interstatedrains; and
        (2) the election and organization of the board of directors of anincorporated levee or dike association under Indiana law for thelocation, establishment, or construction of ditches, drains,levees, or dikes;
the clerk of the circuit court, the county auditor, or the clerk of theboard of directors of the incorporated levee or dike association shallnotify the department by registered letter of the making of the orderor the election and organization of the board of directors.
As added by P.L.1-1995, SEC.20.

IC 14-27-1-3
Contents of notices
    Sec. 3. The letter required by section 2 of this chapter must statethe following:
        (1) The names and addresses of the drainage or leveecommissioners or the members of the board of directors.
        (2) The date and place of meeting of the commissioners orboard of directors to make personal inspection of the landdescribed in the petition or likely to be affected by the proposedwork of drainage or levee or dike construction.
        (3) The date fixed by the court or board of countycommissioners or otherwise upon which the preliminary or finalreport of the drainage or levee commissioners or board ofdirectors is to be submitted.
As added by P.L.1-1995, SEC.20.

IC 14-27-1-4
Collection of data, statistics, or information
    Sec. 4. Upon the receipt of notice under section 2 of this chapteror at any time thereafter, the department may obtain, collate, andinterpret the data, statistics, or other information relative to theproposed ditch, drain, levee, or dike that in the discretion of thedepartment is considered necessary to enable the department to fullyand satisfactorily perform the duties required by this chapter. The

data, statistics, or other information may be obtained by thedepartment or an agent of the department either in person or by asuitable questionnaire prepared by the department and submitted to:
        (1) the clerk of the circuit court or the auditor of the countyhaving jurisdiction of the case; or
        (2) the drainage or levee commissioners or board of directors orsuperintendent of construction.
As added by P.L.1-1995, SEC.20.

IC 14-27-1-5
Designation of technical advisor
    Sec. 5. The department may, upon the receipt of a request inwriting from:
        (1) the circuit or superior court or the board of countycommissioners having jurisdiction of the case;
        (2) the drainage or levee commissioners;
        (3) the board of directors of an incorporated levee or dikeassociation;
        (4) the superintendent of construction; or
        (5) a petitioner or a landowner who may be affected by anassessment or damages incident to the establishment andconstruction of the proposed work;
direct the state engineer or an authorized agent or person connectedwith the division of engineering to act as a technical advisor.
As added by P.L.1-1995, SEC.20.

IC 14-27-1-6
Duties of technical advisor
    Sec. 6. The department may direct the technical advisordesignated under section 5 of this chapter to do any of the following:
        (1) Accompany the drainage or levee commissioners, the jointboard of drainage commissioners, or the board of directors of anincorporated levee or dike association and assist and advisethem while making personal inspection of the land likely to beaffected by the proposed work to determine the best andcheapest method of drainage or of constructing the proposedlevee or dike, including the termini, route, location, character,and dimensions of the main drain or levee, as well as any arms,branches, or laterals, considering future contingencies as wellas present needs, and cooperate with them in the determinationof all other matters that the commissioners or board of directorsare lawfully required to perform and on which they may requestthe person's assistance or advice.
        (2) Sit in an advisory capacity during the hearing of thepreliminary or final report of the drainage or leveecommissioners or board of directors by the court or countyexecutive until the proceedings have been dismissed or an orderhas been issued declaring the proposed work established.
        (3) Cooperate with the superintendent of construction,commissioner, or other person charged with the execution of the

work in the determination of all matters on which the person'sadvice or assistance is requested.
As added by P.L.1-1995, SEC.20.