§ 14-29-5-1 — Changing watercourses; permission of federal agency

(a) The governing bodies or agencies of the
state charged with the duties of the construction, maintenance, and
repair of public highways may, to the extent money is available and
subject to subsection (b), do the following:
(1) Change the course of a stream, watercourse, or drainage ditch.
(2) Restore to the original or former channel a stream,
watercourse, or drainage ditch if the stream, watercourse, or
drainage ditch has meandered from the original or former course.
(3) The construction work that is necessary to protect the banks
or slopes of a stream, watercourse, or ditch to prevent wash,
caving, slides, or erosion if the water of the stream, watercourse,
or ditch is causing or threatening injury to, damage to, or
destruction of a public highway or bridge by erosion, wash, slides,
change of course, or overflow.
(4) Construct walls or levees for the purposes of subdivision (3)
if it is determined by an engineering survey that this method
would be more practicable or less expensive.
(5) Exercise the authority granted in this section to protect public
highways against injury, damage, or destruction caused or
threatened by landslides.
(b) If a navigable stream is under the jurisdiction of a federal
authority or an agency and the proposed work of the highway officials
under this section conflicts or interferes with the jurisdiction of the
federal agency, the consent or waiver of the federal agency must be
procured by the highway officials before the beginning of the proposed
work.
[Pre-1995 Recodification Citation: 13-2-25-1 part.]

Legislative History

As added by P.L.1-1995, SEC.22.