IC 14-26-1
Chapter 1. Reservoirs; Land Acquisition and Creation
IC 14-26-1-1 Legislative findings regarding need for reservoir sites
Sec. 1. (a) It is recognized that the growth and spread of urban
development and highways is encroaching upon and often
eliminating many open areas that are suitable for reservoirs needed
for water supply storage in the near future. Because of the varied
topography and the geological differences that exist in the
subsurface, there are a limited number of desirable reservoir sites in
Indiana. There is an increasing demand for water supply storage to
be used for the following purposes:
(1) Domestic use.
(2) Municipal use.
(3) Commercial use.
(4) Industrial use.
(5) Agricultural use, including irrigation.
(6) Recreational use.
(7) Sewage dilution.
(8) Pollution abatement.
(9) General health purposes.
(10) Power.
(11) Transportation.
(12) Maintenance of desirable levels of stream flow.
(13) Flood prevention and control.
(b) Therefore, it is the duty of the general assembly to provide
both for the immediate and future needs of the people of Indiana. The
general assembly is providing the means through this chapter by
which the state, municipalities, special taxing districts, and public
utilities may secure needed reservoir sites to meet both the present
and the future needs for storage of water even though there may be
no present, immediate need. As added by P.L.1-1995, SEC.19.
IC 14-26-1-2 Legislative findings regarding regulation of flow of rivers and
waters
Sec. 2. (a) The unregulated flow of the rivers and water of Indiana
results in periods of destructive floods upsetting the orderly
processes of industry, agriculture, commerce, and life in general and
causing loss of life and property. The unregulated flow results in
periods of inadequate water flow during which municipal, industrial,
and agricultural water supplies are made inadequate and the
propagation of fish and wildlife is adversely affected.
(b) This unregulated flow is a menace to the general welfare and
economy of the people of Indiana. The regulation of the flow of the
rivers and water of Indiana is a proper activity of the state,
independently or in cooperation with the United States, an agency of
the United States, or a political subdivision of the state.
(c) The state should improve or participate in the improvement of
the rivers and water of Indiana to regulate the flood and low water
flow of the rivers and water and so that the lives and general welfare
of the people of Indiana are protected and enhanced. As added by P.L.1-1995, SEC.19.
IC 14-26-1-3 Public purpose
Sec. 3. Storage reservoirs providing for the regulation of the flow
of the rivers and water of Indiana in the interest of:
(1) flood control, water supply for all beneficial purposes, water
quality control, navigation, and both general and fish and
wildlife recreation; or
(2) any feasible combination of the purposes described in
subdivision (1);
are in the public interest and contribute to the general economy,
welfare, public health, and safety of the people of Indiana. As added by P.L.1-1995, SEC.19.
IC 14-26-1-4 Purchase or condemnation of land by commission
Sec. 4. The commission may do the following:
(1) Act on behalf of the state under this chapter.
(2) Purchase or condemn easements or fee simple interests, as
provided in this chapter, in land necessary for reservoirs for
storage of water to be used for:
(A) any;
(B) a combination of any; or
(C) all;
purposes stated in section 1 of this chapter.
(3) Construct and otherwise develop necessary structures for
impoundment of water on sites acquired for reservoirs. If the
impoundment inundates or otherwise physically affects
properties under the jurisdiction of any other commission or
department of the state, the commission shall secure the consent
of the other commission or department before proceeding with
the impoundment. As added by P.L.1-1995, SEC.19.
IC 14-26-1-5 Purchase or condemnation of land on behalf of public entity with
right or duty to supply or store water
Sec. 5. The commission, on behalf of the state, or a municipality,
special taxing district, or public utility that by other law has the right
or duty to supply or store water for any of the purposes stated in
section 1 of this chapter may do the following:
(1) Purchase the fee simple interest in land or easements over,
upon, and across land for the purpose of flooding, inundation,
and storage of water necessary to water supply to be used for
any of the purposes stated in section 1 of this chapter.
(2) Condemn and take the fee simple interest or easement if a
reservoir for water supply storage is considered to be necessary
at any time within twenty (20) years after the date of the taking. As added by P.L.1-1995, SEC.19.
IC 14-26-1-6 Statement regarding condemnation of property; valuation
Sec. 6. (a) If an agreement cannot be reached by the owner of the
land considered needed for the reservoir site and the taker that is
authorized to condemn the site by section 5 of this chapter, the taker
must set forth the following:
(1) The interest to be taken in the land.
(2) The earliest date on which the taker intends to store water
or to start construction to create a reservoir impoundment for
the purposes set forth in section 1 of this chapter.
(b) The appraisers appointed by the court in the condemnation
proceedings shall value the interest to be taken accordingly, giving
due consideration to the fact that the owner of the land has use of the
land, subject to the terms of the interest sought to be taken, until the
date upon which the land may be inundated according to the terms of
the complaint. In arriving at the proper valuation to be paid the
owner of the land for the easement or the interest in fee to be taken
or purchased, the landowner is considered to own the land for a term
of years ending with the date set out in the complaint. The interest
taken shall be valued as a remainder interest after that term of years. As added by P.L.1-1995, SEC.19.
IC 14-26-1-7 Cost of easement or interest in land
Sec. 7. The cost of an easement or interest in the fee, either
purchased or condemned, for present or for future needs, is
considered to be the cost of used and useful property commencing
with the date the payment for the land or an interest in the land is
made. The Indiana utility regulatory commission shall take due note
of the fact that a fee simple interest or easement, however acquired,
is used and useful property in a rate making proceeding in which a
utility owning a fee simple interest or easement is involved. As added by P.L.1-1995, SEC.19.
IC 14-26-1-8 Rights of owners from whom easements or remainder interests
taken
Sec. 8. (a) The owner of the land from which:
(1) an easement is taken; or
(2) the remainder interest in fee simple is taken;
may use and enjoy the land in any way consistent with the rights of
the holder of the easement or remainder interest in fee simple.
(b) The owner may use the land for agricultural, recreational, or
other purposes, but the use is subject to the dominant purpose of
storage of water.
(c) If:
(1) any improvements are placed on the land after the land is
taken or purchased for a reservoir site, either by the taking or
purchase of an easement or a fee after a fixed term of years; and
(2) the improvements interfere with the use of the land for any
of the purposes of storage of water;
when the land is used for storage of water, the improvements may be
removed without compensation and at the expense of the person who
held the land subject to the remainder easement or fee. As added by P.L.1-1995, SEC.19.
IC 14-26-1-9 Approval of complaint for condemnation
Sec. 9. A complaint for condemnation, other than by the
commission, under this chapter may not be filed in a court unless the
taker has received approval from both the department and the
department of environmental management. These agencies shall give
approval only if the agencies find the following:
(1) That based on sound engineering principles, the site is
satisfactory for water supply storage.
(2) That there is a probable future need for water supply storage
that can be served from the reservoir site. As added by P.L.1-1995, SEC.19.
IC 14-26-1-10 Source of money for commission
Sec. 10. (a) The commission shall, when acting on behalf of the
state under this chapter, derive the needed money for purchase or
taking and for construction of necessary structures for impoundment
from either or both of the following:
(1) The water resources development fund created by
IC 14-25-2-4.
(2) Appropriations that the general assembly makes available to
the commission for these purposes.
(b) The income derived to the commission from:
(1) the sale of water from impoundments; or
(2) payments made by persons or corporations, private or
public, who have contracted with the commission for the
maintenance by the commission of certain minimum quantities
of stream flow;
shall be deposited in the water resources development fund. As added by P.L.1-1995, SEC.19.
IC 14-26-1-11 Cooperation with federal government not authorized
Sec. 11. (a) This section applies to the following multipurpose
reservoirs that have been authorized for construction by the United
States Congress:
(1) Big Blue.
(2) Big Pine.
(3) Big Walnut.
(4) Clifty Creek.
(5) Lafayette.
(b) Notwithstanding Acts 1967, c.100, s.3, Acts 1969, c.434, s.3,
and Acts 1969, c.434, s.4, the department may not:
(1) cooperate with the United States or an agency of the United
States in the planning, construction, operation, or maintenance
of;
(2) enter into, on behalf of the state, an agreement with the
United States or an agency of the United States relating to; or
(3) pay a share of the costs for water supply or recreation of;
a reservoir subject to this section. As added by P.L.1-1995, SEC.19.
IC 14-26-1-12 Cooperation with federal government authorized
Sec. 12. (a) The department shall cooperate with the United States
and the appropriate agencies of the United States in the planning,
construction, operation, and maintenance of:
(1) the Downeyville multiple purpose reservoir, which has been
authorized for construction by the Congress of the United
States; and
(2) the Richland Creek reservoir in Greene County if the
construction of the Richland Creek reservoir is authorized by
Congress.
(b) The department may, on behalf of the state and subject to the
approval of the governor, enter into agreements with the United
States or agencies of the United States necessary to do the following:
(1) Fully effectuate the authorized purposes and functions of the
reservoirs.
(2) Pay a share of the costs of the reservoirs for the purposes of
water supply and recreation.
(c) The state's share of the costs:
(1) must be computed on the basis of the laws of the United
States pertaining to multiple purpose reservoir projects; and
(2) must be requested by the department in the regular biennial
budget requests. As added by P.L.1-1995, SEC.19.
IC 14-26-1
Chapter 1. Reservoirs; Land Acquisition and Creation
IC 14-26-1-1 Legislative findings regarding need for reservoir sites
Sec. 1. (a) It is recognized that the growth and spread of urban
development and highways is encroaching upon and often
eliminating many open areas that are suitable for reservoirs needed
for water supply storage in the near future. Because of the varied
topography and the geological differences that exist in the
subsurface, there are a limited number of desirable reservoir sites in
Indiana. There is an increasing demand for water supply storage to
be used for the following purposes:
(1) Domestic use.
(2) Municipal use.
(3) Commercial use.
(4) Industrial use.
(5) Agricultural use, including irrigation.
(6) Recreational use.
(7) Sewage dilution.
(8) Pollution abatement.
(9) General health purposes.
(10) Power.
(11) Transportation.
(12) Maintenance of desirable levels of stream flow.
(13) Flood prevention and control.
(b) Therefore, it is the duty of the general assembly to provide
both for the immediate and future needs of the people of Indiana. The
general assembly is providing the means through this chapter by
which the state, municipalities, special taxing districts, and public
utilities may secure needed reservoir sites to meet both the present
and the future needs for storage of water even though there may be
no present, immediate need. As added by P.L.1-1995, SEC.19.
IC 14-26-1-2 Legislative findings regarding regulation of flow of rivers and
waters
Sec. 2. (a) The unregulated flow of the rivers and water of Indiana
results in periods of destructive floods upsetting the orderly
processes of industry, agriculture, commerce, and life in general and
causing loss of life and property. The unregulated flow results in
periods of inadequate water flow during which municipal, industrial,
and agricultural water supplies are made inadequate and the
propagation of fish and wildlife is adversely affected.
(b) This unregulated flow is a menace to the general welfare and
economy of the people of Indiana. The regulation of the flow of the
rivers and water of Indiana is a proper activity of the state,
independently or in cooperation with the United States, an agency of
the United States, or a political subdivision of the state.
(c) The state should improve or participate in the improvement of
the rivers and water of Indiana to regulate the flood and low water
flow of the rivers and water and so that the lives and general welfare
of the people of Indiana are protected and enhanced. As added by P.L.1-1995, SEC.19.
IC 14-26-1-3 Public purpose
Sec. 3. Storage reservoirs providing for the regulation of the flow
of the rivers and water of Indiana in the interest of:
(1) flood control, water supply for all beneficial purposes, water
quality control, navigation, and both general and fish and
wildlife recreation; or
(2) any feasible combination of the purposes described in
subdivision (1);
are in the public interest and contribute to the general economy,
welfare, public health, and safety of the people of Indiana. As added by P.L.1-1995, SEC.19.
IC 14-26-1-4 Purchase or condemnation of land by commission
Sec. 4. The commission may do the following:
(1) Act on behalf of the state under this chapter.
(2) Purchase or condemn easements or fee simple interests, as
provided in this chapter, in land necessary for reservoirs for
storage of water to be used for:
(A) any;
(B) a combination of any; or
(C) all;
purposes stated in section 1 of this chapter.
(3) Construct and otherwise develop necessary structures for
impoundment of water on sites acquired for reservoirs. If the
impoundment inundates or otherwise physically affects
properties under the jurisdiction of any other commission or
department of the state, the commission shall secure the consent
of the other commission or department before proceeding with
the impoundment. As added by P.L.1-1995, SEC.19.
IC 14-26-1-5 Purchase or condemnation of land on behalf of public entity with
right or duty to supply or store water
Sec. 5. The commission, on behalf of the state, or a municipality,
special taxing district, or public utility that by other law has the right
or duty to supply or store water for any of the purposes stated in
section 1 of this chapter may do the following:
(1) Purchase the fee simple interest in land or easements over,
upon, and across land for the purpose of flooding, inundation,
and storage of water necessary to water supply to be used for
any of the purposes stated in section 1 of this chapter.
(2) Condemn and take the fee simple interest or easement if a
reservoir for water supply storage is considered to be necessary
at any time within twenty (20) years after the date of the taking. As added by P.L.1-1995, SEC.19.
IC 14-26-1-6 Statement regarding condemnation of property; valuation
Sec. 6. (a) If an agreement cannot be reached by the owner of the
land considered needed for the reservoir site and the taker that is
authorized to condemn the site by section 5 of this chapter, the taker
must set forth the following:
(1) The interest to be taken in the land.
(2) The earliest date on which the taker intends to store water
or to start construction to create a reservoir impoundment for
the purposes set forth in section 1 of this chapter.
(b) The appraisers appointed by the court in the condemnation
proceedings shall value the interest to be taken accordingly, giving
due consideration to the fact that the owner of the land has use of the
land, subject to the terms of the interest sought to be taken, until the
date upon which the land may be inundated according to the terms of
the complaint. In arriving at the proper valuation to be paid the
owner of the land for the easement or the interest in fee to be taken
or purchased, the landowner is considered to own the land for a term
of years ending with the date set out in the complaint. The interest
taken shall be valued as a remainder interest after that term of years. As added by P.L.1-1995, SEC.19.
IC 14-26-1-7 Cost of easement or interest in land
Sec. 7. The cost of an easement or interest in the fee, either
purchased or condemned, for present or for future needs, is
considered to be the cost of used and useful property commencing
with the date the payment for the land or an interest in the land is
made. The Indiana utility regulatory commission shall take due note
of the fact that a fee simple interest or easement, however acquired,
is used and useful property in a rate making proceeding in which a
utility owning a fee simple interest or easement is involved. As added by P.L.1-1995, SEC.19.
IC 14-26-1-8 Rights of owners from whom easements or remainder interests
taken
Sec. 8. (a) The owner of the land from which:
(1) an easement is taken; or
(2) the remainder interest in fee simple is taken;
may use and enjoy the land in any way consistent with the rights of
the holder of the easement or remainder interest in fee simple.
(b) The owner may use the land for agricultural, recreational, or
other purposes, but the use is subject to the dominant purpose of
storage of water.
(c) If:
(1) any improvements are placed on the land after the land is
taken or purchased for a reservoir site, either by the taking or
purchase of an easement or a fee after a fixed term of years; and
(2) the improvements interfere with the use of the land for any
of the purposes of storage of water;
when the land is used for storage of water, the improvements may be
removed without compensation and at the expense of the person who
held the land subject to the remainder easement or fee. As added by P.L.1-1995, SEC.19.
IC 14-26-1-9 Approval of complaint for condemnation
Sec. 9. A complaint for condemnation, other than by the
commission, under this chapter may not be filed in a court unless the
taker has received approval from both the department and the
department of environmental management. These agencies shall give
approval only if the agencies find the following:
(1) That based on sound engineering principles, the site is
satisfactory for water supply storage.
(2) That there is a probable future need for water supply storage
that can be served from the reservoir site. As added by P.L.1-1995, SEC.19.
IC 14-26-1-10 Source of money for commission
Sec. 10. (a) The commission shall, when acting on behalf of the
state under this chapter, derive the needed money for purchase or
taking and for construction of necessary structures for impoundment
from either or both of the following:
(1) The water resources development fund created by
IC 14-25-2-4.
(2) Appropriations that the general assembly makes available to
the commission for these purposes.
(b) The income derived to the commission from:
(1) the sale of water from impoundments; or
(2) payments made by persons or corporations, private or
public, who have contracted with the commission for the
maintenance by the commission of certain minimum quantities
of stream flow;
shall be deposited in the water resources development fund. As added by P.L.1-1995, SEC.19.
IC 14-26-1-11 Cooperation with federal government not authorized
Sec. 11. (a) This section applies to the following multipurpose
reservoirs that have been authorized for construction by the United
States Congress:
(1) Big Blue.
(2) Big Pine.
(3) Big Walnut.
(4) Clifty Creek.
(5) Lafayette.
(b) Notwithstanding Acts 1967, c.100, s.3, Acts 1969, c.434, s.3,
and Acts 1969, c.434, s.4, the department may not:
(1) cooperate with the United States or an agency of the United
States in the planning, construction, operation, or maintenance
of;
(2) enter into, on behalf of the state, an agreement with the
United States or an agency of the United States relating to; or
(3) pay a share of the costs for water supply or recreation of;
a reservoir subject to this section. As added by P.L.1-1995, SEC.19.
IC 14-26-1-12 Cooperation with federal government authorized
Sec. 12. (a) The department shall cooperate with the United States
and the appropriate agencies of the United States in the planning,
construction, operation, and maintenance of:
(1) the Downeyville multiple purpose reservoir, which has been
authorized for construction by the Congress of the United
States; and
(2) the Richland Creek reservoir in Greene County if the
construction of the Richland Creek reservoir is authorized by
Congress.
(b) The department may, on behalf of the state and subject to the
approval of the governor, enter into agreements with the United
States or agencies of the United States necessary to do the following:
(1) Fully effectuate the authorized purposes and functions of the
reservoirs.
(2) Pay a share of the costs of the reservoirs for the purposes of
water supply and recreation.
(c) The state's share of the costs:
(1) must be computed on the basis of the laws of the United
States pertaining to multiple purpose reservoir projects; and
(2) must be requested by the department in the regular biennial
budget requests. As added by P.L.1-1995, SEC.19.
IC 14-26-1
Chapter 1. Reservoirs; Land Acquisition and Creation
IC 14-26-1-1 Legislative findings regarding need for reservoir sites
Sec. 1. (a) It is recognized that the growth and spread of urban
development and highways is encroaching upon and often
eliminating many open areas that are suitable for reservoirs needed
for water supply storage in the near future. Because of the varied
topography and the geological differences that exist in the
subsurface, there are a limited number of desirable reservoir sites in
Indiana. There is an increasing demand for water supply storage to
be used for the following purposes:
(1) Domestic use.
(2) Municipal use.
(3) Commercial use.
(4) Industrial use.
(5) Agricultural use, including irrigation.
(6) Recreational use.
(7) Sewage dilution.
(8) Pollution abatement.
(9) General health purposes.
(10) Power.
(11) Transportation.
(12) Maintenance of desirable levels of stream flow.
(13) Flood prevention and control.
(b) Therefore, it is the duty of the general assembly to provide
both for the immediate and future needs of the people of Indiana. The
general assembly is providing the means through this chapter by
which the state, municipalities, special taxing districts, and public
utilities may secure needed reservoir sites to meet both the present
and the future needs for storage of water even though there may be
no present, immediate need. As added by P.L.1-1995, SEC.19.
IC 14-26-1-2 Legislative findings regarding regulation of flow of rivers and
waters
Sec. 2. (a) The unregulated flow of the rivers and water of Indiana
results in periods of destructive floods upsetting the orderly
processes of industry, agriculture, commerce, and life in general and
causing loss of life and property. The unregulated flow results in
periods of inadequate water flow during which municipal, industrial,
and agricultural water supplies are made inadequate and the
propagation of fish and wildlife is adversely affected.
(b) This unregulated flow is a menace to the general welfare and
economy of the people of Indiana. The regulation of the flow of the
rivers and water of Indiana is a proper activity of the state,
independently or in cooperation with the United States, an agency of
the United States, or a political subdivision of the state.
(c) The state should improve or participate in the improvement of
the rivers and water of Indiana to regulate the flood and low water
flow of the rivers and water and so that the lives and general welfare
of the people of Indiana are protected and enhanced. As added by P.L.1-1995, SEC.19.
IC 14-26-1-3 Public purpose
Sec. 3. Storage reservoirs providing for the regulation of the flow
of the rivers and water of Indiana in the interest of:
(1) flood control, water supply for all beneficial purposes, water
quality control, navigation, and both general and fish and
wildlife recreation; or
(2) any feasible combination of the purposes described in
subdivision (1);
are in the public interest and contribute to the general economy,
welfare, public health, and safety of the people of Indiana. As added by P.L.1-1995, SEC.19.
IC 14-26-1-4 Purchase or condemnation of land by commission
Sec. 4. The commission may do the following:
(1) Act on behalf of the state under this chapter.
(2) Purchase or condemn easements or fee simple interests, as
provided in this chapter, in land necessary for reservoirs for
storage of water to be used for:
(A) any;
(B) a combination of any; or
(C) all;
purposes stated in section 1 of this chapter.
(3) Construct and otherwise develop necessary structures for
impoundment of water on sites acquired for reservoirs. If the
impoundment inundates or otherwise physically affects
properties under the jurisdiction of any other commission or
department of the state, the commission shall secure the consent
of the other commission or department before proceeding with
the impoundment. As added by P.L.1-1995, SEC.19.
IC 14-26-1-5 Purchase or condemnation of land on behalf of public entity with
right or duty to supply or store water
Sec. 5. The commission, on behalf of the state, or a municipality,
special taxing district, or public utility that by other law has the right
or duty to supply or store water for any of the purposes stated in
section 1 of this chapter may do the following:
(1) Purchase the fee simple interest in land or easements over,
upon, and across land for the purpose of flooding, inundation,
and storage of water necessary to water supply to be used for
any of the purposes stated in section 1 of this chapter.
(2) Condemn and take the fee simple interest or easement if a
reservoir for water supply storage is considered to be necessary
at any time within twenty (20) years after the date of the taking. As added by P.L.1-1995, SEC.19.
IC 14-26-1-6 Statement regarding condemnation of property; valuation
Sec. 6. (a) If an agreement cannot be reached by the owner of the
land considered needed for the reservoir site and the taker that is
authorized to condemn the site by section 5 of this chapter, the taker
must set forth the following:
(1) The interest to be taken in the land.
(2) The earliest date on which the taker intends to store water
or to start construction to create a reservoir impoundment for
the purposes set forth in section 1 of this chapter.
(b) The appraisers appointed by the court in the condemnation
proceedings shall value the interest to be taken accordingly, giving
due consideration to the fact that the owner of the land has use of the
land, subject to the terms of the interest sought to be taken, until the
date upon which the land may be inundated according to the terms of
the complaint. In arriving at the proper valuation to be paid the
owner of the land for the easement or the interest in fee to be taken
or purchased, the landowner is considered to own the land for a term
of years ending with the date set out in the complaint. The interest
taken shall be valued as a remainder interest after that term of years. As added by P.L.1-1995, SEC.19.
IC 14-26-1-7 Cost of easement or interest in land
Sec. 7. The cost of an easement or interest in the fee, either
purchased or condemned, for present or for future needs, is
considered to be the cost of used and useful property commencing
with the date the payment for the land or an interest in the land is
made. The Indiana utility regulatory commission shall take due note
of the fact that a fee simple interest or easement, however acquired,
is used and useful property in a rate making proceeding in which a
utility owning a fee simple interest or easement is involved. As added by P.L.1-1995, SEC.19.
IC 14-26-1-8 Rights of owners from whom easements or remainder interests
taken
Sec. 8. (a) The owner of the land from which:
(1) an easement is taken; or
(2) the remainder interest in fee simple is taken;
may use and enjoy the land in any way consistent with the rights of
the holder of the easement or remainder interest in fee simple.
(b) The owner may use the land for agricultural, recreational, or
other purposes, but the use is subject to the dominant purpose of
storage of water.
(c) If:
(1) any improvements are placed on the land after the land is
taken or purchased for a reservoir site, either by the taking or
purchase of an easement or a fee after a fixed term of years; and
(2) the improvements interfere with the use of the land for any
of the purposes of storage of water;
when the land is used for storage of water, the improvements may be
removed without compensation and at the expense of the person who
held the land subject to the remainder easement or fee. As added by P.L.1-1995, SEC.19.
IC 14-26-1-9 Approval of complaint for condemnation
Sec. 9. A complaint for condemnation, other than by the
commission, under this chapter may not be filed in a court unless the
taker has received approval from both the department and the
department of environmental management. These agencies shall give
approval only if the agencies find the following:
(1) That based on sound engineering principles, the site is
satisfactory for water supply storage.
(2) That there is a probable future need for water supply storage
that can be served from the reservoir site. As added by P.L.1-1995, SEC.19.
IC 14-26-1-10 Source of money for commission
Sec. 10. (a) The commission shall, when acting on behalf of the
state under this chapter, derive the needed money for purchase or
taking and for construction of necessary structures for impoundment
from either or both of the following:
(1) The water resources development fund created by
IC 14-25-2-4.
(2) Appropriations that the general assembly makes available to
the commission for these purposes.
(b) The income derived to the commission from:
(1) the sale of water from impoundments; or
(2) payments made by persons or corporations, private or
public, who have contracted with the commission for the
maintenance by the commission of certain minimum quantities
of stream flow;
shall be deposited in the water resources development fund. As added by P.L.1-1995, SEC.19.
IC 14-26-1-11 Cooperation with federal government not authorized
Sec. 11. (a) This section applies to the following multipurpose
reservoirs that have been authorized for construction by the United
States Congress:
(1) Big Blue.
(2) Big Pine.
(3) Big Walnut.
(4) Clifty Creek.
(5) Lafayette.
(b) Notwithstanding Acts 1967, c.100, s.3, Acts 1969, c.434, s.3,
and Acts 1969, c.434, s.4, the department may not:
(1) cooperate with the United States or an agency of the United
States in the planning, construction, operation, or maintenance
of;
(2) enter into, on behalf of the state, an agreement with the
United States or an agency of the United States relating to; or
(3) pay a share of the costs for water supply or recreation of;
a reservoir subject to this section. As added by P.L.1-1995, SEC.19.
IC 14-26-1-12 Cooperation with federal government authorized
Sec. 12. (a) The department shall cooperate with the United States
and the appropriate agencies of the United States in the planning,
construction, operation, and maintenance of:
(1) the Downeyville multiple purpose reservoir, which has been
authorized for construction by the Congress of the United
States; and
(2) the Richland Creek reservoir in Greene County if the
construction of the Richland Creek reservoir is authorized by
Congress.
(b) The department may, on behalf of the state and subject to the
approval of the governor, enter into agreements with the United
States or agencies of the United States necessary to do the following:
(1) Fully effectuate the authorized purposes and functions of the
reservoirs.
(2) Pay a share of the costs of the reservoirs for the purposes of
water supply and recreation.
(c) The state's share of the costs:
(1) must be computed on the basis of the laws of the United
States pertaining to multiple purpose reservoir projects; and
(2) must be requested by the department in the regular biennial
budget requests. As added by P.L.1-1995, SEC.19.
