This text of Indiana § 14-30-4-20 (Potential transformation of Upper Wabash River basin commission into
a watershed development commission) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The commission:
(2)is not required to;
consider a proposal to transform the commission from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5.
(b)For the commission to be transformed from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5:
(1)the county executives of all participating counties:
(A)must approve the proposal described in subsection (a); and
(B)must adopt substantively identical ordinances that set forth
the information required by IC 14-30.5-2-1(b), including, for
the purposes of IC 14-30.5-2-0.5, the designated watershed
within which the proposed watershed development commission
would exercise its powers; and
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(a) The commission:
(1) may; but
(2) is not required to;
consider a proposal to transform the commission from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5.
(b) For the commission to be transformed from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5:
(1) the county executives of all participating counties:
(A) must approve the proposal described in subsection (a); and
(B) must adopt substantively identical ordinances that set forth
the information required by IC 14-30.5-2-1(b), including, for
the purposes of IC 14-30.5-2-0.5, the designated watershed
within which the proposed watershed development commission
would exercise its powers; and
(2) a majority of the voting members of the commission must vote
in favor of the transformation of the commission into a watershed
development commission in accordance with the ordinances
adopted under subdivision (1)(B) and the provisions of this
section.
(c) For the county executive of a participating county to approve a
proposal described in subsection (a) under subsection (b)(1)(A), at
least two (2) of the three (3) members of the county executive must
vote in favor of the proposal.
(d) If a member of the county executive of a participating county has
designated another individual under section 9(a)(1) of this chapter to
perform the member's duties on the commission, the individual
designated to perform the member's duties may vote under subsection
(b)(2) on the proposal described in subsection (a).
(e) If the county executives of all participating counties approve a
proposal described in subsection (a) under subsection (b)(1)(A) and
adopt substantively identical ordinances under subsection (b)(1)(B), a
majority of the voting members of the commission vote in favor of the
transformation of the commission into a watershed development
commission under subsection (b)(2), and the natural resources
commission approves the transformation of the commission into a
watershed development commission with the purposes set forth in the
ordinances adopted under subsection (b)(1)(B), the following apply:
(1) The commission shall notify the natural resources commission
and the department of the approval of the proposal.
(2) The officers of the commission elected under section 10 of
this chapter shall take the actions necessary and appropriate to the
transformation of the commission from a river basin commission
subject to this chapter into a watershed development commission
subject to IC 14-30.5.
(3) The board of the watershed development commission consists
of the following:
(A) The director of the department or the director's designee.
(B) The county surveyor of each county participating in the
commission.
(C) An individual other than the county surveyor representing
each county participating in the commission, appointed by the
county executive.
(D) Either:
(i) one (1) individual appointed to represent each second
class city that is located in a participating county and within
the upper Wabash River basin; or
(ii) if a participating county does not include a second class
city that is located within the upper Wabash River basin, one
(1) individual appointed to represent the municipality that has
the largest population of all municipalities that are located in
the participating county and within the upper Wabash River
basin.
An individual appointed to represent a second class city under
item (i) shall be appointed by the board of storm water
management (as described in IC 8-1.5-5-4) of the second class
city or, if the second class city has no board of storm water
management, by the executive of the second class city. An
individual appointed under item (ii) to represent the
municipality that has the largest population of all municipalities
that are located in the participating county and within the upper
Wabash River basin shall be appointed by the board of storm
water management (as described in IC 8-1.5-5-4) of the
municipality or, if the municipality has no board of storm water
management, by the executive of the municipality.
(4) The director of the department or the director's designee:
(A) shall advise the commission on the transformation of the
commission into a watershed development commission subject
to IC 14-30.5; and
(B) when the board of the watershed development commission
is formed, shall assume the position on the board of the
watershed development commission specified in IC 14-30.5-4-1(a)(2)(A).
(5) The watershed development commission board may not meet
until the natural resources commission has given the approval
referred to in this subsection. Upon the convening of the first
meeting under IC 14-30.5-4 of the board of the watershed
development commission:
(A) the Upper Wabash River basin commission ceases to exist
as a separate municipal corporation under this chapter;
(B) the Upper Wabash watershed development commission is
established as a public body corporate and politic under IC 14-30.5;
(C) the participating counties of the Upper Wabash River basin
commission become member counties of the Upper Wabash
watershed development commission under IC 14-30.5; and
(D) each participating county of the Upper Wabash River basin
commission is authorized to appoint an individual described in
subdivision (3)(C) to represent the county on the board of the
Upper Wabash watershed development commission.
(f) If established under this section, the Upper Wabash watershed
development commission:
(1) is a continuation of;
(2) retains the property and rights of; and
(3) is responsible for the actions and subject to the liabilities of;
the former Upper Wabash River basin commission.
(g) If established under this section, the Upper Wabash watershed
development commission has all of the powers and duties of a
watershed development commission under IC 14-30.5 in the areas of
the watershed of the Wabash River and the tributaries of the Wabash
River that are within the boundaries of the member counties of the
Upper Wabash watershed development commission. For the purposes
of IC 14-30.5, the areas of the watershed of the Wabash River and the
tributaries of the Wabash River that are within the boundaries of the
member counties of the Upper Wabash watershed development
commission comprise the designated watershed of the Upper Wabash
watershed development commission.
(h) If the Upper Wabash watershed development commission is
established under this section, the board of the Upper Wabash
watershed development commission shall appoint an executive director
under IC 14-30.5-4-2(e). An individual who was executive director of
the Upper Wabash River basin commission may be appointed
executive director of the Upper Wabash watershed development
commission under this subsection.
(i) If the Upper Wabash watershed development commission is
established under this section, all property, records, and funds of the
former Upper Wabash River basin commission:
(1) become property, records, and funds of the Upper Wabash
watershed development commission; and
(2) shall be transmitted to the Upper Wabash watershed
development commission not more than sixty (60) days after the
appointment of the executive director under subsection (h).