§ 14-33-6-6 — Findings by court; referral of plan back to board

Indiana § 14-33-6-6

• Jurisdiction: Indiana
• Art. 33: CONSERVANCY DISTRICTS
• Ch. 6: District Plan

Text

(a) At the hearing the court shall make findings
on the following:
(1) Whether the district plan is necessary, proper, and feasible for
the accomplishment of each purpose for which the district is
established.
(2) If the purpose of the district is other than water supply or
sewage disposal, whether the estimated benefits to be received in
the district will exceed the estimated costs and damages of the
plan.
(3) If the purpose of the district is water supply or sewage
disposal, or both, whether the public health and convenience is
served.
(4) Whether compatibility with water projects listed in IC 14-33-2-17 is reasonably assured.
(b) If the court finds a plan lacking under subsection (a), the court
shall refer the plan back to the board for changes that are necessary.
The board has:
(1) one hundred twenty (120) days; or
(2) another period that the court orders;
to prepare and submit a new plan. The procedure for approval and
order for hearing, notice, and making findings is the same as for the
original submissions.
(c) If the court finds that a plan meets all the criteria of subsection
(a), the court shall approve the plan.
[Pre-1995 Recodification Citation: 13-3-3-54.]

Legislative History

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