Indiana Code 36-9-27-2.5

§ IC 36-9-27-2.5. “Dam” defined; certain sections not applicable; designation as regulated drain; jurisdiction

Sec. 2.5. (a) For the purposes of this chapter, a reference to “drain”, “drainage”, or “ditch” is deemed to include a “dam”. However, sections 16(b), 17, 21, 22, 23, 24, 26, 27, 28, 54, and sections 56 through 66 of this chapter do not apply to a dam.

(b) Any owner may petition a board to designate a dam as a regulated drain, and any board may assume jurisdiction over a dam in the same manner that an owner may petition and the board may assume jurisdiction over a mutual drain. A board does not otherwise have jurisdiction over a dam.

Terms Used in Indiana Code 36-9-27-2.5

Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2

Dam: means a dam or other structure and its appurtenances that impounds a small lake at the lake’s outlet. See Indiana Code 36-9-27-2

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

(c) A board may reconstruct or maintain a dam over which the board has assumed jurisdiction, but an agency may not construct a new dam.

As added by P.L.166-1983, SEC.3.