§ IC 36-9-27-17. Private and mutual drains; connection with regulated drains; procedure
Sec. 17. (a) Whenever:
(1) an owner wants to construct or extend a private or mutual drain, and outlet that drain into a regulated drain that is subject to this chapter; and
(2) the construction or extension will not go through land owned by other persons;
the owner shall file with the county surveyor having jurisdiction of the regulated drain for permission to connect his drain with the regulated drain.
Terms Used in Indiana Code 36-9-27-17
jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case
(2) The geographic area over which the court has authority to decide cases.
Mutual drain: means a drain that:
(1) is located on two (2) or more tracts of land that are under different ownership;
(2) was established by the mutual consent of all the owners; and (3) was not established under or made subject to any drainage statute. See Indiana Code 36-9-27-2
Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2
(b) The owner shall file with his request the plans and specifications of the private or mutual drain that will be constructed or extended. However, if the private or mutual drain will have a tiled outlet of twelve (12) inches or less, and he alleges this in his request, no specifications need be filed.
(c) If the county surveyor determines that the regulated drain is adequate to handle the additional flow of water, if any, that would result from the connection, and that no harmful pollution is likely to result from the connection, he shall grant the request.
(d) If the county surveyor determines that the regulated drain is not adequate to handle the additional flow of water resulting from the connection without being reconstructed, he shall deny the request, and the request may not be granted until the regulated drain is reconstructed under sections 49 through 52 of this chapter.
As added by Acts 1981, P.L.309, SEC.101.