Indiana § 14-26-8-3 Petition for control dam or other structure to maintain lake level

Indiana Statutes

§ 14-26-8-3 — Petition for control dam or other structure to maintain lake level

Indiana·Art. 26 LAKES AND RESERVOIRS·Ch. 8 Lakes; Changes in Levels

(a)If:

(1)at least twenty percent (20%) of the owners of land abutting upon or within one-fourth (1/4) mile of the shoreline or water line of a lake;

(2)the department; or

(3)the board of commissioners of a county in which a lake is located; desire to stabilize, raise, or establish and maintain the level of the lake by means of a control dam or other structure, diverting water into or away from the lake, pumping water into or out of the lake, or other means, the landowners, department, or county commissioners may apply either separately or jointly for the construction, reconstruction, alteration, and rehabilitation of a control dam or other structure, the construction of pumping stations, the construction, reconstruction, repair, or recleaning of outlet or inlet ditches, or other means

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(a) If:
(1) at least twenty percent (20%) of the owners of land abutting
upon or within one-fourth (1/4) mile of the shoreline or water line
of a lake;
(2) the department; or
(3) the board of commissioners of a county in which a lake is
located;
desire to stabilize, raise, or establish and maintain the level of the lake
by means of a control dam or other structure, diverting water into or
away from the lake, pumping water into or out of the lake, or other
means, the landowners, department, or county commissioners may
apply either separately or jointly for the construction, reconstruction,
alteration, and rehabilitation of a control dam or other structure, the
construction of pumping stations, the construction, reconstruction,
repair, or recleaning of outlet or inlet ditches, or other means by filing
a petition with the circuit or superior court of the county in which the
greater or greatest area of the lake lies.
(b) A petition must be filed in duplicate with the clerk of the court.
(c) If the petition is approved by the court, attorney's fees become
a part of the total costs of the project. If the petition is dismissed, the
petitioners shall pay the attorney's fees.
[Pre-1995 Recodification Citation: 13-2-18-1 part.]

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