(a)If one (1) county executive submits an
ordinance and a written request for recognition of a proposed
watershed development commission under section 1(c) of this chapter,
the natural resources commission shall decide under subsections (c)
through (e) whether to recognize the proposed commission.
(b)If the county executives of two (2) or more counties submit
ordinances and written requests under section 1(c) of this chapter for
recognition of a single proposed watershed development commission
empowered to act in a single designated watershed that includes areas
within both or all of the counties:
(1)the natural resources commission may not decide whether to
recognize the proposed commission unless the provisions of the
ordinances submitted under section 1(c)(1) of this chapter are
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(a) If one (1) county executive submits an
ordinance and a written request for recognition of a proposed
watershed development commission under section 1(c) of this chapter,
the natural resources commission shall decide under subsections (c)
through (e) whether to recognize the proposed commission.
(b) If the county executives of two (2) or more counties submit
ordinances and written requests under section 1(c) of this chapter for
recognition of a single proposed watershed development commission
empowered to act in a single designated watershed that includes areas
within both or all of the counties:
(1) the natural resources commission may not decide whether to
recognize the proposed commission unless the provisions of the
ordinances submitted under section 1(c)(1) of this chapter are
essentially identical in:
(A) identifying the designated watershed; and
(B) stating the purposes of the proposed commission; and
(2) if the natural resources commission determines that the
requirement set forth in subdivision (1) is met, the natural
resources commission shall decide under subsections (c) through
(e) whether to recognize the proposed commission.
(c) Before making a decision whether to recognize a proposed
commission under this section, the natural resources commission shall
hold at least one (1) public hearing concerning the proposed
commission in each county whose executive submitted an ordinance
and a written request for recognition of the proposed commission under
section 1(c) of this chapter. Any interested person attending a public
hearing held under this subsection shall have the right to:
(1) address the natural resources commission; and
(2) provide written comments;
on whether the proposed commission should be established. The
natural resources commission may convene the meeting, record the
testimony given, and receive the written comments provided.
(d) The natural resources commission shall give notice of a public
hearing to be held under subsection (c):
(1) by publication at least one (1) time in one (1) newspaper of
general circulation in the county in which the hearing will be
held; and
(2) through the website of the natural resources commission.
(e) In deciding whether to recognize a proposed commission, the
natural resources commission shall determine the answer to each of the
following questions:
(1) Are the purposes for which the proposed commission would
be established, as set forth in the ordinance or ordinances under
section 1(b)(3) of this chapter, within the purposes set forth in IC 14-30.5-3-1 for which a watershed development commission may
be established?
(2) Do the purposes of the proposed commission, as set forth in
the ordinance or ordinances under section 1(b)(3) of this chapter,
correspond to legitimate flood damage reduction, drainage, storm
water management, recreation, or water infrastructure needs of
each county seeking establishment of the commission, as set forth
under section 1(b)(4) of this chapter?
(3) Is it reasonable to expect that the establishment of a
commission having powers under this article only in the county
or counties from which the ordinance or ordinances were
submitted under section 1(c)(1) of this chapter would effectively
address the flood damage reduction, drainage, storm water
management, recreation, or water infrastructure needs of each
county that submitted an ordinance under section 1(c)(1) of this
chapter?
(4) Is it reasonable to expect that the establishment of a
commission that has powers under this article only in the area or
areas inside the geographic boundaries of the designated
watershed would effectively address the flood damage reduction,
drainage, storm water management, recreation, or water
infrastructure needs of each county that submitted an ordinance
under section 1(c)(1) of this chapter?
(5) Is the territory of the proposed commission at least as large as
the entirety of the same eight (8) digit U.S. Geological Survey
hydrologic unit code?
(6) Has a regional watershed study or watershed management
plan been conducted in consultation with the Indiana finance
authority and the department of natural resources that assesses
water use, water quality, drinking water systems, wastewater
management systems, storm water management, flood control,
drainage management, recreational uses, natural resources, and
water infrastructure needs of the watershed of the proposed
commission? If so, can the establishment of the proposed
commission be expected to address the needs identified in that
study or management plan?
(f) If:
(1) one (1) county's executive submits an ordinance and a request
for recognition of a proposed commission under section 1(c) of
this chapter; and
(2) the natural resources commission answers all of the questions
set forth in subsection (e) favorably;
the natural resources commission shall issue an order recognizing the
watershed development commission and recognizing the county
referred to in subdivision (1) as a member of the watershed
development commission.
(g) If:
(1) executives of two (2) or more counties submit ordinances and
requests for recognition of a proposed watershed development
commission under section 1(c) of this chapter; and
(2) the natural resources commission answers all of the questions
set forth in subsection (e) favorably with respect to at least one (1)
of the counties;
the natural resources commission shall issue an order recognizing the
watershed development commission and recognizing as a member of
the watershed development commission each county with respect to
which the natural resources commission answered all of the questions
set forth in subsection (e) favorably.
(h) If the natural resources commission does not answer all of the
questions set forth in subsection (e) favorably with respect to a county,
the natural resources commission shall:
(1) inform the executive of the county in writing of its decision;
and
(2) specify in the writing the reason or reasons for each
unfavorable answer.
(i) The action of the natural resources commission under this section
in declining to recognize a proposed watershed development
commission for a particular watershed does not preclude the later
submission of one (1) or more new ordinances and written requests for
recognition of a proposed watershed development commission for the
same designated watershed.
(j) An action of the natural resources commission under this section
declining to recognize a particular county as a member of a watershed
development commission does not preclude the later submission of:
(1) another ordinance and written request under section 1(c) of
this chapter for recognition of the county as a member of another
proposed watershed development commission; or
(2) an ordinance and written request under section 4 or 5 of this
chapter proposing the county for membership in an established
watershed development commission.