§ 14-33-24-9 — Reservoir conservancy district recreation fees

(a) The following definitions apply
throughout this section:
(1) "Fishing boat" means a boat that has one (1) or more motors
that have a total of not more than thirty (30) horsepower.
(2) "Nonmotorized watercraft" means a watercraft that does not
have a motor. The term includes kayaks, canoes, rowboats,
paddleboats, and sailboats.
(3) "Nonresident" means a person who does not own or lease real
property within the boundaries of the reservoir conservancy
district.
(4) "Personal watercraft" has the meaning set forth in IC 14-8-2-202.5.
(5) "Pontoon" means a watercraft that:
(A) uses hollow cylinders to create buoyancy; and
(B) has one (1) or more motors that have a total of not more
than one hundred (100) horsepower.
(6) "Power boat" means a boat has one (1) or more motors that
exceed a total of thirty (30) horsepower.
(7) "Resident" means a person who owns or leases real property
within the boundaries of the reservoir conservancy district.
(b) A reservoir conservancy district may impose and collect
recreation fees for the recreational use of watercraft on the primary
water recreation facility of the reservoir located within the boundaries
of the reservoir conservancy district.
(c) The recreation fees imposed under this section must include:
(1) a fee charged to every resident who uses a watercraft on the
primary water recreation facility for recreational purposes; and
(2) a fee charged to every nonresident who uses a watercraft on
the primary water recreation facility for recreational purposes.
(d) The following apply to fees imposed under subsection (c):
(1) The fee allowing a nonresident to use a watercraft for an entire
year may not be more than fifty percent (50%) greater than the fee
allowing a resident to use a watercraft for an entire year.
(2) The fee allowing a resident to use a watercraft for a single day
may not exceed seventeen percent (17%) of the fee allowing a
resident to use a watercraft for an entire year.
(3) The fee allowing a nonresident to use a watercraft for a single
day may not exceed seventeen percent (17%) of the fee allowing
a nonresident to use a watercraft for an entire year.
(e) Subject to subsection (d), a reservoir conservancy district may
establish different recreation fees for the following different types of
watercrafts:
(1) Power boats.
(2) Pontoon boats.
(3) Fishing boats.
(4) Personal watercraft.
(5) Nonmotorized watercraft.
(f) A reservoir conservancy district that imposes recreation fees
under this section:
(1) is authorized to take reasonable actions to administer and
enforce the requirement that a recreation fee be paid for the
recreational use of watercraft on the primary water recreation
facility of the reservoir conservancy district, including:
(A) issuing and requiring the display of an emblem or other
device on a watercraft to signify that the fee has been paid; and
(B) monitoring the use of watercraft on the primary water
recreation facility of the reservoir conservancy district to ensure
compliance with the recreation fee requirement; and
(2) shall use the revenue derived from the recreation fees
collected under this section for:
(A) the preservation and maintenance of the primary water
recreation facility; and
(B) the administration of the reservoir conservancy district.

Legislative History

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