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 an
altered river, creek, slough, or artificial channel that has:

        (1) definable banks and a bed capable of conducting confined
runoff;

        (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 a
watercraft for boating, fishing, or other recreational purposes if the
stream is designated as a recreational stream by rule adopted by the
commission.

    (b) The right of a person to use a recreational stream is limited to
the water within the stream and does not do any of the following:

        (1) Authorize the use of the bed or bank of the stream, except
in 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 for
the designation of streams or parts of streams as recreational streams.

    (b) Before a hearing on the designation of a stream as a
recreational stream and in addition to the notification requirements
under IC 4-22-2, the commission shall do the following:

        (1) Publish notice at least twenty-one (21) days before the
hearing in a newspaper of general circulation in the county
where a stream is located that the commission proposes to
designate the stream as a recreational stream. The notice must
state the time and place of the hearing.

        (2) Conduct a separate hearing in each county where a stream
is 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 final
adoption 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 to
provide 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 banks
of a stream designated under this chapter; or

        (2) crosses private land to gain access to a designated stream
without the permission of the landowner or tenant of the land;

commits a Class B misdemeanor.

As added by P.L.1-1995, SEC.22.