CHAPTER 8. RECREATIONAL STREAMS

IC 14-29-8
    Chapter 8. Recreational Streams

IC 14-29-8-1
"Stream" defined
    Sec. 1. As used in this chapter, "stream" means a natural or analtered river, creek, slough, or artificial channel that has:
        (1) definable banks and a bed capable of conducting confinedrunoff;
        (2) visible evidence of the flow or occurrence of water; and
        (3) a watershed in excess of one (1) square mile.
As added by P.L.1-1995, SEC.22.

IC 14-29-8-2
Use of recreational stream
    Sec. 2. (a) A person may use a stream that is capable of use by awatercraft for boating, fishing, or other recreational purposes if thestream is designated as a recreational stream by rule adopted by thecommission.
    (b) The right of a person to use a recreational stream is limited tothe water within the stream and does not do any of the following:
        (1) Authorize the use of the bed or bank of the stream, exceptin an emergency.
        (2) Establish a right of access to the stream over private land.
As added by P.L.1-1995, SEC.22.

IC 14-29-8-3
Designation as recreational stream; hearing
    Sec. 3. (a) The commission shall adopt rules under IC 4-22-2 forthe designation of streams or parts of streams as recreational streams.
    (b) Before a hearing on the designation of a stream as arecreational stream and in addition to the notification requirementsunder IC 4-22-2, the commission shall do the following:
        (1) Publish notice at least twenty-one (21) days before thehearing in a newspaper of general circulation in the countywhere a stream is located that the commission proposes todesignate the stream as a recreational stream. The notice muststate the time and place of the hearing.
        (2) Conduct a separate hearing in each county where a streamis proposed to be designated as a recreational stream.
    (c) If a stream:
        (1) is located wholly within one (1) county; and
        (2) is a regulated drain under IC 36-9-27;
the county drainage board must concur in the designation before finaladoption of the rule.
As added by P.L.1-1995, SEC.22.

IC 14-29-8-4
Use not affecting owner or navigability
    Sec. 4. The use of a stream designated under this chapter does not

do any of the following:
        (1) Impose a duty upon the riparian landowner or tenant toprovide for the safe use of the stream.
        (2) Affect ownership of the bed of the stream.
        (3) Affect a determination of the stream's navigability.
As added by P.L.1-1995, SEC.22.

IC 14-29-8-5
Littering and trespassing
    Sec. 5. A person who:
        (1) throws, dumps, or leaves refuse in the water or on the banksof a stream designated under this chapter; or
        (2) crosses private land to gain access to a designated streamwithout the permission of the landowner or tenant of the land;
commits a Class B misdemeanor.
As added by P.L.1-1995, SEC.22.