§ 14-32-5-1 — General powers

Indiana § 14-32-5-1

• Jurisdiction: Indiana
• Art. 32: SOIL AND WATER CONSERVATION
• Ch. 5: Powers and Duties of Districts

Text

(a) A district constitutes a governmental
subdivision of the state and a public body corporate and politic
exercising public powers.
(b) A district may do the following:
(1) Carry out soil erosion and water runoff preventive and control
measures within the district, including engineering operations,
methods of cultivation, the growing of vegetation, changes in use
of land, and the measures listed in IC 14-32-1-1(7) and IC 14-32-1-1(8), on the following:
(A) Land owned or controlled by the state with the consent and
cooperation of the agency administering and having jurisdiction
of the land.
(B) Any other land within the district upon obtaining the
consent of the occupier of the land or the necessary rights or
interests in the land.
(2) Construct, improve, operate, and maintain the structures that
are necessary or convenient for the performance of any of the
operations authorized in this article.
(3) Cooperate or enter into agreements with, and within the limits
of appropriations made available to the district by law to furnish
financial or other aid to, a federal, state, or other agency or an
occupier of land within the district in the carrying on of
conservation operations within the district, subject to the
conditions that the supervisors consider necessary to advance the
purpose of this article.
(4) Obtain options upon and acquire, by purchase, exchange,
lease, gift, grant, bequest, devise, or otherwise, real or personal
property or rights or interests in property.
(5) Maintain, administer, and improve property acquired, receive
income from the property, and expend the income in carrying out
this article.
(6) Sell, lease, or otherwise dispose of property or interests in
property in furtherance of this article.
(7) Make available to land occupiers within the district, on terms
that the district prescribes:
(A) agricultural and engineering machinery and equipment;
(B) fertilizer;
(C) seeds;
(D) seedlings;
(E) other material or equipment; and
(F) services from the district;
that will assist in conserving the soil and water resources of the
land occupiers.
(8) Develop or participate in the development of comprehensive
plans for the proper management of soil and water resources
within the district that specify the acts, procedures, performances,
and avoidances necessary or desirable for the effectuation of the
plans.
(9) Publish plans and information developed under subdivision
(8) and bring the plans and information to the attention of land
occupiers within the district.
(10) Take over, with the consent of the United States or the state,
by purchase, lease, or otherwise, and administer any soil and
water conservation, erosion control, water quality protection, or
flood prevention project of the entity located within the district's
boundaries.
(11) Manage, as agent of the United States or the state, any soil
and water conservation, erosion control, water quality protection,
flood prevention, or outdoor recreation project within the district's
boundaries.
(12) Act as agent for the United States or the state in connection
with the acquisition, construction, operation, or administration of
any soil and water conservation, erosion control, water quality
protection, flood prevention, or outdoor recreation project within
the district's boundaries.
(13) Accept donations, gifts, and contributions in money,
services, materials, or otherwise from the United States and use
or expend the services, materials, or other contributions in
carrying on the district's operations.
(14) Sue and be sued in the name of the district.
(15) Have perpetual succession unless terminated as provided in
this article.
(16) Make and execute contracts and other instruments necessary
or convenient to the exercise of the district's powers.
(17) Adopt rules and regulations consistent with this article to
carry into effect the purposes and powers of this article.
(18) Require an occupier of land not owned or controlled by the
state, as a condition to extending benefits under this article to or
the performance of work upon the land, to do either or both of the
following:
(A) Make contributions in money, services, materials, or
otherwise to an operation conferring benefits.
(B) Enter into agreements or covenants concerning the use and
treatment of the land that will tend to:
(i) prevent or control soil erosion;
(ii) achieve water conservation and water quality protection;
and
(iii) reduce flooding;
on the land.
(19) Cooperate with the state in the following:
(A) Conducting surveys, investigations, and research relating
to the character of soil erosion and water losses and the
preventive and control measures needed.
(B) Publishing the results of the surveys, investigations, or
research.
(C) Disseminating information concerning the preventive and
control measures.
(D) The management of watersheds.
(20) Cooperate with the state in conducting, within the district,
soil and water conservation, erosion control, water quality
protection, and flood prevention demonstration projects:
(A) on land owned or controlled by the state with the agency
administering and having jurisdiction of the land; and
(B) on any other land upon obtaining the consent of the
occupier of the land or the necessary rights or interests in the
land.
(21) Serve as the management agency for:
(A) the erosion and sediment part of 33 U.S.C. 1288 (P.L.
92-500, section 208); and
(B) other erosion and sediment reduction programs that affect
water quality in each county.
[Pre-1995 Recodification Citation: 13-3-1-8(a).]

Legislative History

As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997, SEC.28; P.L.175-2006, SEC.14.