CHAPTER 5. POWERS AND DUTIES OF DISTRICTS
IC 14-32-5
Chapter 5. Powers and Duties of Districts
IC 14-32-5-1
General powers
Sec. 1. (a) A district constitutes a governmental subdivision of thestate and a public body corporate and politic exercising publicpowers.
(b) A district may do the following:
(1) Carry out soil erosion and water runoff preventive andcontrol measures within the district, including engineeringoperations, methods of cultivation, the growing of vegetation,changes in use of land, and the measures listed inIC 14-32-1-1(7) and IC 14-32-1-1(8), on the following:
(A) Land owned or controlled by the state with the consentand cooperation of the agency administering and havingjurisdiction of the land.
(B) Any other land within the district upon obtaining theconsent of the occupier of the land or the necessary rights orinterests in the land.
(2) Construct, improve, operate, and maintain the structures thatare necessary or convenient for the performance of any of theoperations authorized in this article.
(3) Cooperate or enter into agreements with, and within thelimits of appropriations made available to the district by law tofurnish financial or other aid to, a federal, state, or other agencyor an occupier of land within the district in the carrying on ofconservation operations within the district, subject to theconditions that the supervisors consider necessary to advancethe purpose of this article.
(4) Obtain options upon and acquire, by purchase, exchange,lease, gift, grant, bequest, devise, or otherwise, real or personalproperty or rights or interests in property.
(5) Maintain, administer, and improve property acquired,receive income from the property, and expend the income incarrying out this article.
(6) Sell, lease, or otherwise dispose of property or interests inproperty in furtherance of this article.
(7) Make available to land occupiers within the district, onterms that the district prescribes:
(A) agricultural and engineering machinery and equipment;
(B) fertilizer;
(C) seeds;
(D) seedlings;
(E) other material or equipment; and
(F) services from the district;
that will assist in conserving the soil and water resources of theland occupiers.
(8) Develop or participate in the development of comprehensiveplans for the proper management of soil and water resources
within the district that specify the acts, procedures,performances, and avoidances necessary or desirable for theeffectuation of the plans.
(9) Publish plans and information developed under subdivision(8) and bring the plans and information to the attention of landoccupiers within the district.
(10) Take over, with the consent of the United States or thestate, by purchase, lease, or otherwise, and administer any soiland water conservation, erosion control, water qualityprotection, or flood prevention project of the entity locatedwithin the district's boundaries.
(11) Manage, as agent of the United States or the state, any soiland water conservation, erosion control, water qualityprotection, flood prevention, or outdoor recreation projectwithin the district's boundaries.
(12) Act as agent for the United States or the state in connectionwith the acquisition, construction, operation, or administrationof any soil and water conservation, erosion control, waterquality protection, flood prevention, or outdoor recreationproject within the district's boundaries.
(13) Accept donations, gifts, and contributions in money,services, materials, or otherwise from the United States and useor expend the services, materials, or other contributions incarrying on the district's operations.
(14) Sue and be sued in the name of the district.
(15) Have perpetual succession unless terminated as providedin this article.
(16) Make and execute contracts and other instrumentsnecessary or convenient to the exercise of the district's powers.
(17) Adopt rules and regulations consistent with this article tocarry into effect the purposes and powers of this article.
(18) Require an occupier of land not owned or controlled by thestate, as a condition to extending benefits under this article toor the performance of work upon the land, to do either or bothof the following:
(A) Make contributions in money, services, materials, orotherwise to an operation conferring benefits.
(B) Enter into agreements or covenants concerning the useand treatment of the land that will tend to:
(i) prevent or control soil erosion;
(ii) achieve water conservation and water qualityprotection; and
(iii) reduce flooding;
on the land.
(19) Cooperate with the state in the following:
(A) Conducting surveys, investigations, and research relatingto the character of soil erosion and water losses and thepreventive and control measures needed.
(B) Publishing the results of the surveys, investigations, orresearch. (C) Disseminating information concerning the preventiveand control measures.
(D) The management of watersheds.
(20) Cooperate with the state in conducting, within the district,soil and water conservation, erosion control, water qualityprotection, and flood prevention demonstration projects:
(A) on land owned or controlled by the state with the agencyadministering and having jurisdiction of the land; and
(B) on any other land upon obtaining the consent of theoccupier of the land or the necessary rights or interests in theland.
(21) Serve as the management agency for:
(A) the erosion and sediment part of 33 U.S.C. 1288 (P.L.92-500, section 208); and
(B) other erosion and sediment reduction programs thataffect water quality in each county.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.28; P.L.175-2006, SEC.14.
IC 14-32-5-2
Inapplicable provisions
Sec. 2. A provision concerning the acquisition, operation, ordisposition of property by other public bodies does not apply to adistrict unless the provision specifically states that the provisionapplies.
As added by P.L.1-1995, SEC.25.
IC 14-32-5-3
Bids, proposals, or quotations submitted by a trust
Sec. 3. If:
(1) a district disposes of real property or awards a contract forthe procurement of property by acceptance of bids, proposals,or quotations; and
(2) a bid, proposal, or quotation is submitted by a trust (asdefined in IC 30-4-1-1(a));
the bid, proposal, or quotation submitted by the trust must identifyeach beneficiary of the trust and each settlor empowered to revokeor modify the trust.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.29.
IC 14-32-5-3.5
Certificate of organization; rebuttable presumption ofestablishment of district
Sec. 3.5. (a) In an action or proceeding that:
(1) relates to; or
(2) involves the validity or enforcement of;
a contract, proceeding, or action of a district, proof of the issuanceof a certificate of organization to the district by the secretary of statecreates a rebuttable presumption of the establishment of the district
under this article or IC 13-3-1 (before its repeal).
(b) A copy of a certificate of organization that was issued to adistrict and certified by the secretary of state is:
(1) admissible in evidence in an action or proceeding referredto in subsection (a); and
(2) proof of the filing and contents of the certificate.
As added by P.L.136-1997, SEC.30.
IC 14-32-5-4
"Landfill" defined; inspection
Sec. 4. (a) As used in this section, "landfill" means a facilitywhere solid waste is to be disposed of through placement on orbeneath the surface of the ground. However, the term does notinclude any of the following:
(1) A land application operation regulated under 327 IAC 6.
(2) A surface impoundment.
(3) An injection well.
(4) A facility for the disposal of solid waste other than sludgefrom a municipal wastewater treatment plant that is:
(A) generated at the site of the facility; or
(B) generated by the owner or operator of the facility.
(5) An operation permitted under IC 14-34.
(b) As used in this section, "underground injection" means thesubsurface emplacement of fluids through:
(1) a bored, drilled, or driven shaft; or
(2) a dug hole, the depth of which is greater than the hole'slargest surface dimension.
(c) A district shall inspect every landfill located within theboundaries of the district for compliance with rules adopted underIC 13-18 or IC 13-19 concerning erosion and sediment control. Eachlandfill shall be inspected under this section at least two (2) timeseach calendar year as follows:
(1) One (1) time before July 1.
(2) One (1) time after June 30 and before December 31.
(d) Not later than ten (10) days after an inspection of a landfillunder this section, the individual who conducted the inspection onbehalf of the district shall prepare a written report on the results ofthe inspection and send the report to the following:
(1) The executive of the county.
(2) The commissioner of the department of environmentalmanagement.
(3) The director of the division of soil conservation establishedwithin the Indiana state department of agriculture byIC 15-11-4-1.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.31; P.L.1-2006, SEC.222; P.L.2-2008, SEC.35; P.L.120-2008,SEC.15.
IC 14-32-5-5
Prohibited actions Sec. 5. A district may not do any of the following:
(1) Exercise the right of eminent domain.
(2) Incur indebtedness beyond available money.
(3) Issue bonds.
(4) Take contributions by exactions or persuasions. However,the district may accept voluntary contributions from any sourceif the following conditions are met:
(A) The donations are offered for the sole and exclusivepurpose of promoting soil and water conservation within thedistrict.
(B) The district satisfactorily guarantees to the donors thefaithful use of the donations for that purpose.
(5) Engage in:
(A) the marketing of farm products; or
(B) the buying and selling of farm supplies;
other than those products or supplies used or needed directly orindirectly in soil and water conservation work.
(6) Engage in agricultural research or agricultural extensionteaching except in cooperation with Purdue University.
(7) Levy taxes.
(8) Make or levy benefit assessments or any other kind ofassessments.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.32.
IC 14-32-5-6
Cooperation among districts
Sec. 6. Districts organized under this article or IC 13-3-1 (beforeits repeal) may cooperate with each other in carrying on the work ofthe districts. However, this section does not permit the transfer ofauthority or powers from one (1) district to another.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.33.
IC 14-32-5-7
State agencies and governmental subdivisions cooperating withdistricts
Sec. 7. (a) An:
(1) agency of the state; or
(2) county or other governmental subdivision of the state;
that has jurisdiction over or is charged with the administration ofpublicly owned land lying within the boundaries of a district shallcooperate to the fullest extent with the district to effect programs andoperations undertaken by the district under this article.
(b) The district shall be given free access to enter and performwork upon the publicly owned land referred to in subsection (a).
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.34.
IC 14-32-5-8 Appropriations
Sec. 8. The fiscal body of each county that contains a district inwhole or in part may appropriate money for the use of the districtserving the county from which the appropriation is to be made.
As added by P.L.1-1995, SEC.25.