CHAPTER 1. PURPOSES

IC 14-33
    ARTICLE 33. CONSERVANCY DISTRICTS

IC 14-33-1
    Chapter 1. Purposes

IC 14-33-1-1
General purposes
    Sec. 1. (a) A conservancy district may be established for any ofthe following purposes:
        (1) Flood prevention and control.
        (2) Improving drainage.
        (3) Providing for irrigation.
        (4) Providing water supply, including treatment anddistribution, for domestic, industrial, and public use.
        (5) Providing for the collection, treatment, and disposal ofsewage and other liquid wastes.
        (6) Developing forests, wildlife areas, parks, and recreationalfacilities if feasible in connection with beneficial watermanagement.
        (7) Preventing the loss of topsoil from injurious water erosion.
        (8) Storage of water for augmentation of stream flow.
        (9) Operation, maintenance, and improvement of:
            (A) a work of improvement for water based recreationalpurposes; or
            (B) other work of improvement that could have been builtfor any other purpose authorized by this section.
    (b) These purposes may be accomplished by cooperating withfederal and state agencies whose programs are designed toaccomplish any of the purposes of the district.
As added by P.L.1-1995, SEC.26.

IC 14-33-1-2
Sewage collection, treatment, and disposal; petition to engage inservices outside territory boundaries
    Sec. 2. (a) A district established for the purpose of section 1(a)(5)of this chapter that proposes to collect, treat, or dispose of sewageand other liquid wastes produced outside of the district boundariesmust petition the Indiana utility regulatory commission for territorialauthority to engage in the services to territory outside of theboundaries of the district.
    (b) Upon notice and hearing, the Indiana utility regulatorycommission shall determine the following:
        (1) The territory outside of the boundaries from which sewageand other liquid wastes may be collected, treated, or disposedof.
        (2) The rates and charges that the district may make for theservices.
As added by P.L.1-1995, SEC.26.
IC 14-33-1-3
Use of powers to accomplish purpose of district
    Sec. 3. Powers granted by this article may be used only toaccomplish each purpose set forth by the court in the orderestablishing the district. However, a district plan or act of the boardnecessary to accomplish a purpose for which the district isestablished is not invalid because the district plan or act incidentallyaccomplishes a purpose other than a purpose for which the district isestablished.
As added by P.L.1-1995, SEC.26.

IC 14-33-1-4
Adding purpose to established district
    Sec. 4. To add a purpose to an established district:
        (1) the same procedure may be used as is provided for theestablishment of a district; or
        (2) the board may pass a resolution adding an additionalauthorized purpose to the district already established if theboard has received a petition that:
            (A) is signed by at least ten percent (10%) of the freeholdersin the district; and
            (B) requests the addition of the purpose to the district.
As added by P.L.1-1995, SEC.26.

IC 14-33-1-5
Procedures following passage of resolution
    Sec. 5. (a) If a petition is filed and a resolution passed undersection 4 of this chapter, the board shall file the resolution andpetition with the court.
    (b) Upon receipt, the court shall do the following:
        (1) Order a hearing.
        (2) Have a copy of the resolution and the date of the hearingforwarded to the commission.
        (3) Order notice of the hearing as follows:
            (A) A copy of the resolution and the time and place of thehearing shall be published at least one (1) time in at least one(1) newspaper of general circulation in each countycontaining land in the district.
            (B) A copy of the notice as prepared for publication shall besent by mail, first class postage prepaid, to each freeholder.
    (c) The mailing of notice and proof of notice is the same as isrequired for notice of the hearing on the original petition to establishthe district.
    (d) The notice to the commission, the publication, and the mailingmust be done at least thirty (30) days before the date of the hearing.
    (e) If:
        (1) at the hearing an objection is not filed by the commission orby an owner of real property; and
        (2) the court determines that the petition is proper;
the court shall order the district to be established also for the

additional purpose.
    (f) If an objection is filed, the court shall do the following:
        (1) Determine at the hearing the following:
            (A) The sufficiency of the petition.
            (B) The necessity and feasibility of adding the purpose.
        (2) Make the order according to the facts found.
As added by P.L.1-1995, SEC.26.