§ 14-25-1-4 — Impoundment of excess waters

(a) This section applies to land contiguous to
or encompassing a public watercourse.
(b) The:
(1) owner or group of owners of the land; or
(2) person, firm, limited liability company, corporation, unit of
government, or association for irrigation or other purposes owning
the land;
may impound the water behind a dam in the natural stream bed or on
the owner's land or by pumping or diverting the water from a stream or
lake to a reservoir when the flow in the stream or the level of the lake
exceeds existing reasonable uses at the time of the impoundment.
(c) An obstruction placed across a natural stream must include an
outlet facility for release of water that the owner is not entitled to use
under this chapter. The owner shall operate the outlet in accordance
with this section.
(d) Action by an owner or a group of owners under this section must
be approved by the commission before the action is taken.
[Pre-1995 Recodification Citation: 13-2-1-3(2).]

Legislative History

As added by P.L.1-1995, SEC.18.