CHAPTER 4. UPPER WABASH RIVER BASIN COMMISSION
IC 14-30-4
Chapter 4. Upper Wabash River Basin Commission
IC 14-30-4-1
"Basin" defined
Sec. 1. As used in this chapter, "basin" refers to the upper WabashRiver basin.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-2
"Commission" defined
Sec. 2. As used in this chapter, "commission" refers to the UpperWabash River basin commission established by this chapter.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-3
"Participating county" defined
Sec. 3. As used in this chapter, "participating county" refers to acounty that joins the commission under section 7 of this chapter.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-4
"Plan" defined
Sec. 4. As used in this chapter, "plan" refers to a plan describedin section 13(1) of this chapter.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-5
"Upper Wabash River basin" defined
Sec. 5. As used in this chapter, "upper Wabash River basin"means the area located in Adams County, Huntington County, JayCounty, or Wells County that is drained by the Wabash River,including the tributaries of the Wabash River.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-6
Establishment
Sec. 6. The upper Wabash River basin commission is establishedas a separate municipal corporation.
As added by P.L.35-2001, SEC.7. Amended by P.L.2-2005, SEC.56.
IC 14-30-4-7
Designation as participating county
Sec. 7. Subject to section 6(b) of this chapter, the executive of acounty that includes territory in the upper Wabash River basin maydo the following:
(1) Elect to participate in the commission by designating thecounty as a participating county.
(2) Revoke the designation.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-8
Voting members
Sec. 8. The following serve as voting members of the commission:
(1) The three (3) county commissioners from each participatingcounty.
(2) The chairman of a soil and water conservation district foreach participating county that:
(A) is subject to IC 14-32;
(B) includes territory in a participating county; and
(C) includes territory in the basin.
(3) The county surveyor of each participating county.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-9
Designation of member; revocation
Sec. 9. (a) A member of the commission may:
(1) designate another individual to perform the duties of themember on the commission; and
(2) revoke the designation.
(b) Any designation or a revocation of a designation under thissection must be filed with the commission to be effective.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-10
Officers
Sec. 10. (a) The commission shall annually elect from among thevoting members the following officers:
(1) A chairperson.
(2) A vice chairperson.
(3) A secretary.
(4) A treasurer.
(b) The officers elected under subsection (a) shall be elected andshall perform the duties specified in the commission's bylaws.
(c) The commission may establish other offices and determine themeans of filling the offices.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-11
Reimbursements; per diems
Sec. 11. (a) Each member of the commission is entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties as provided in thestate travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.Money paid under this section may be paid only from the moneyavailable to the commission.
(b) A county may pay members of the commission the salary perdiem provided by IC 4-10-11-2.1(b) for the performance of themember's duties on the commission.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-12
Powers
Sec. 12. (a) The commission may do the following:
(1) Sue and be sued.
(2) Manage the commission's internal affairs.
(3) Employ staff.
(4) Enter into contracts to implement a cooperative agreementdescribed in section 13 of this chapter.
(5) Exercise the powers of a political subdivision specified ina cooperative agreement described in section 13 of this chapter.
(b) This section does not exempt the commission from any statute.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-13
Cooperative agreements
Sec. 13. A political subdivision in a participating county mayunder IC 36-1-7 enter into a cooperative agreement with thecommission and at least one (1) other legal entity to authorize thecommission to:
(1) develop a plan to control flooding and improve drainage inthat part of the basin that is described in the cooperativeagreement;
(2) organize and coordinate the installation of trails along theupper Wabash River basin through partnerships with otherorganizations; or
(3) develop and promote good soil and water conservationpractices and procedures, including erosion control and bankstabilization.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-14
Flood control plans
Sec. 14. In developing the plan, the commission shall determinethe best method and manner of establishing flood control, givingconsideration to the following:
(1) The reservoir method.
(2) The channel improvement method.
(3) The levee method.
(4) Flood plain regulation.
(5) All nonstructural methods.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-15
Plans; public hearings; approval
Sec. 15. (a) The commission shall give the public an opportunityto participate in the development of the plan by holding publichearings at which public testimony is heard and by accepting writtenrecommendations from the public.
(b) Before the plan is implemented by a political subdivision, theplan must be approved by the department of natural resources in
accordance with IC 14-25 through IC 14-29.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-16
Annual budget
Sec. 16. (a) The commission shall prepare an annual budget forthe commission's operation and other expenditures underIC 6-1.1-17. The annual budget is subject to review and modificationby the county board of tax adjustment of any participating county.
(b) The commission is not eligible for funding through theWabash River heritage corridor commission established byIC 14-13-6-6.
As added by P.L.35-2001, SEC.7. Amended by P.L.224-2007,SEC.105; P.L.146-2008, SEC.427.
IC 14-30-4-17
Rules
Sec. 17. The commission may adopt rules under IC 4-22-2 torequire that increased water runoff resulting from new constructionbe impounded on the construction site.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-18
Advisory committees
Sec. 18. The commission may appoint advisory committeesconsisting of individuals whose experience, training, or interest inthe upper Wabash River basin enables the committees to assist thecommission. A member of an advisory committee is not entitled tocompensation for the member's services.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-19
Access to lands
Sec. 19. (a) The commission, board of directors, employees, orauthorized representatives of the commission acting under thischapter may:
(1) enter the land lying within the one hundred (100) year floodplain of any watercourse; and
(2) enter nonflood plain land to gain access to the flood plainland;
to investigate, examine, survey, or investigate suspected violationsof the Indiana flood control laws.
(b) The commission must give sixty (60) days written notice to:
(1) an affected landowner;
(2) a contract purchaser; or
(3) for a municipality, the executive of the municipality;
before exercising the right of entry granted in this section. The noticemust state the purpose of the entry and that there is a right of appealunder this section.
(c) An affected landowner may, within the sixty (60) day notice
period under subsection (b), appeal the proposed necessity for entryto a court in the county in which the property is located. If an appealis made, the commission may not exercise the right of entry until afinal decision is made by the court.
(d) A person acting under this section must use due care to avoiddamage to crops, fences, buildings, or other structures.
As added by P.L.35-2001, SEC.7.