§ 14-33-2-17 — Commission's determination and report

Indiana § 14-33-2-17

• Jurisdiction: Indiana
• Art. 33: CONSERVANCY DISTRICTS
• Ch. 2: Establishment

Text

(a) This section applies to all districts,
except for districts described in section 18 of this chapter.
(b) If the court determines that a petition conforms to the
requirements, the court shall enter an order referring the petition to the
commission.
(c) The commission shall make a determination and report to the
court whether the proposed district meets the following conditions:
(1) The proposed district appears to be necessary.
(2) The proposed district holds promise of economic and
engineering feasibility.
(3) The proposed district seems to offer benefits in excess of costs
and damages for purposes other than the following:
(A) Water supply.
(B) Storage of water for augmentation of stream flow.
(C) Sewage disposal.
(4) Whether the public health will be served immediately or
prospectively by the establishment of the district for any of the
following purposes:
(A) Water supply.
(B) Sewage disposal.
(C) Storage of water for augmentation of stream flow.
(D) Any combination of these purposes.
(5) The proposed district proposes to cover and serve a proper
area.
(6) The proposed district could be established and operated in a
manner compatible with established:
(A) conservancy districts;
(B) flood control projects;
(C) reservoirs;
(D) lakes;
(E) drains;
(F) levees; and
(G) other water management or water supply projects.
(d) The fact that all the land included in the proposed district is
owned by one (1) freeholder or a limited number of freeholders is not
a sufficient reason for the commission or the court to make unfavorable
findings on:
(1) the question of the establishment of the district; and
(2) later, if the district is established, the approval of the district
plan.
However, it must appear from the evidence that the land is subdivided
or intended for subdivision and development and that the
accomplishment of the purposes proposed and in the manner proposed
would be necessary and desirable for the person acquiring and using
the land after subdivision and development.
[Pre-1995 Recodification Citation: 13-3-3-22.]

Legislative History

As added by P.L.1-1995, SEC.26.