§ 36-9-27-24 — Drains located in conservancy districts; jurisdiction

(a) A regulated drain that is located within
a conservancy district is not subject to this chapter if:
(1) the drain has been designated for construction, reconstruction,
or maintenance in the district plan of the conservancy district; and
(2) the district plan was approved before January 1, 1966.
However, if the drain has a direct or indirect outlet into any other drain
that is subject to this chapter, the board shall assess the district for any
benefits it receives from the construction, reconstruction, or
maintenance of the other drain.
(b) A court may not approve the district plan or an amendment to
the district plan of a conservancy district if it includes the construction,
reconstruction, or maintenance of a regulated drain in the district,
unless written approval for the district to perform the work is filed with
the court by the board or by the department of natural resources.
(c) When a drain located in a conservancy district is not subject to
this chapter, the district, with the approval of the court having
jurisdiction over the district, may file a written request with the board
for the board to assume jurisdiction over the drain. The drain becomes
subject to this chapter when the request is filed.
[Pre-Local Government Recodification Citation: 19-4-5-2
part.]
As added by Acts 1981, P.L.309, SEC.101.