Indiana § 14-27-7.3-8.1 Public policy

Indiana Statutes

§ 14-27-7.3-8.1 — Public policy

Indiana § 14-27-7.3-8.1

Art. 27LEVEES, DAMS, AND DRAINAGE

Ch. 7.3Low Head Dams

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Bluebook

Ind. Code § 14-27-7.3-8.1 (2026).

Text

1.

(a)It is the public policy of the state that low head dams are a threat to:

(1)public safety;

(2)stream ecological processes; and

(3)navigability.

(b)It is in the public interest to remove low head dams that are an encroachment on navigable waterways to:

(1)promote public safety for recreational use and enjoyment of the public trust;

(2)avoid adverse effects to fish, wildlife, and botanical resources; and

(3)not impair the navigability of a waterway.

(c)A low head dam located on a navigable waterway is an encroachment subject to removal under section 8.2 of this chapter unless it is:

(1)owned and operated by a public utility (as defined by IC 8-1-2-1(a)) or a municipally owned utility (as defined by IC 8-1-2-1(h)); or

(2)owned, managed, or operated by the department.

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1. (a) It is the public policy of the state that
low head dams are a threat to:
(1) public safety;
(2) stream ecological processes; and
(3) navigability.
(b) It is in the public interest to remove low head dams that are an
encroachment on navigable waterways to:
(1) promote public safety for recreational use and enjoyment of
the public trust;
(2) avoid adverse effects to fish, wildlife, and botanical resources;
and
(3) not impair the navigability of a waterway.
(c) A low head dam located on a navigable waterway is an
encroachment subject to removal under section 8.2 of this chapter
unless it is:
(1) owned and operated by a public utility (as defined by IC 8-1-2-1(a)) or a municipally owned utility (as defined by IC 8-1-2-1(h)); or
(2) owned, managed, or operated by the department.