§ 14-33-24-8 — Powers of reservoir conservancy district

Indiana § 14-33-24-8

• Jurisdiction: Indiana
• Art. 33: CONSERVANCY DISTRICTS
• Ch. 24: Reservoir Conservancy Districts

Text

(a) Except as provided in subsections (b)
through (e) or another provision of this chapter, a reservoir
conservancy district has all of the powers granted to other conservancy
districts by this article.
(b) The district plan of a reservoir conservancy district shall be
provided to the utility owner of the reservoir located within the
boundaries of the reservoir conservancy district and to any commercial
licensee at least thirty (30) days before it is presented to the natural
resources commission under IC 14-33-6-3.
(c) A reservoir conservancy district does not have the power of
eminent domain.
(d) The utility owner of the reservoir located within the boundaries
of the reservoir conservancy district is exempt from all assessments,
taxes, and fees imposed under this article by the reservoir conservancy
district.
(e) Subject to IC 14-15, a reservoir conservancy district has
authority to establish, through the action of the board of directors, and
enforce reasonable rules concerning safety, welfare, and the
maintenance of resources within the boundaries of the reservoir
conservancy district. However, the rules established under this
subsection shall not:
(1) interfere with or supersede state law or state administrative
rules;
(2) interfere with the use of the reservoir for water supply
purposes by the utility owner of the reservoir located within the
boundaries of the reservoir conservancy district;
(3) substantially or directly impair the terms and conditions of the
commercial license of any commercial licensee of the utility
owner; or
(4) establish other requirements or restrictions to:
(A) discourage public use of the reservoir; or
(B) discourage or prevent uses of the reservoir for activities
that:
(i) are regulated under IC 14-22; and
(ii) could legally take place in the reservoir or the area
surrounding the reservoir except for the reservoir
conservancy district's requirements or restrictions.

Legislative History

As added by P.L.148-2020, SEC.16.