CHAPTER 1. WATER RIGHTS; SURFACE WATER
IC 14-25
ARTICLE 25. WATER RIGHTS AND RESOURCES
IC 14-25-1
Chapter 1. Water Rights; Surface Water
IC 14-25-1-1
Legislative findings regarding use of surface waters
Sec. 1. The general welfare of the people of Indiana requires that:
(1) surface water resources of Indiana be put to beneficial uses
to the fullest extent;
(2) the use of water for nonbeneficial uses be prevented; and
(3) public and private money for the promotion and expansion
of the beneficial uses of surface water resources be invested to
the end that the best interests and welfare of the people of
Indiana will be served.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-2
Waters declared natural resource
Sec. 2. (a) Water in a natural stream, natural lake, or another
natural body of water in Indiana that may be applied to a useful and
beneficial purpose is declared to be:
(1) a natural resource and public water of Indiana; and
(2) subject to control and regulation for the public welfare as
determined by the general assembly.
(b) Diffused surface water flowing vagrantly over the surface of
the ground is not considered to be public water. The owner of the
land on which the water falls, pools, or flows has the right to use the
water.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-3
Riparian rights to water for domestic purposes
Sec. 3. (a) The owner of land contiguous to or encompassing a
public watercourse may use water from the public watercourse in the
quantity necessary to satisfy the owner's needs for domestic
purposes, including the following:
(1) Water for household purposes.
(2) Drinking water for livestock, poultry, and domestic animals.
(b) The use of water for domestic purposes has priority and is
superior to all other uses.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-4
Impoundment of excess waters
Sec. 4. (a) This section applies to land contiguous to or
encompassing a public watercourse.
(b) The:
(1) owner or group of owners of the land; or
(2) person, firm, limited liability company, corporation, unit of
government, or association for irrigation or other purposes
owning the land;
may impound the water behind a dam in the natural stream bed or on
the owner's land or by pumping or diverting the water from a stream
or lake to a reservoir when the flow in the stream or the level of the
lake exceeds existing reasonable uses at the time of the
impoundment.
(c) An obstruction placed across a natural stream must include an
outlet facility for release of water that the owner is not entitled to use
under this chapter. The owner shall operate the outlet in accordance
with this section.
(d) Action by an owner or a group of owners under this section
must be approved by the commission before the action is taken.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-5
Use of increased flowage of waters due to release from
impoundment
Sec. 5. (a) A public utility, a person, a firm, a limited liability
company, a corporation, a unit of government, or an association for
irrigation or other purposes that creates additional stream volumes by
releases from impoundments built and financed by the entity for the
entity's purpose may use the increased flowage at all times. The
amount of increased flowage shall be determined by well recognized
engineering computations.
(b) Riparian owners do not have rights in increased flowage
beyond normal stream flow.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-6
Standards of measurement
Sec. 6. (a) The standard units for the measurement of the flow of
water are a cubic foot per second and a gallon per minute.
(b) The standard units for the measurement of stored water are an
acre-foot and a gallon.
(c) The standards and methods for the measurement of the volume
of water flow that are either used or approved by the United States
Geological Survey in cooperation with the various departments of the
state and federal governments shall be accepted as prima facie
reliable.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-7
Diversion of floodwaters
Sec. 7. (a) Upon approval of the commission and subject to
subsection (b), any person, whether or not the owner of land
contiguous to or encompassing a watercourse, may divert the flood
water of a watercourse for any useful purpose, including the purpose
of storage.
(b) A diversion under this section may not cause injury to
landowners or the users of water in the watershed of the watercourse
from which the flood flow is diverted.
(c) This section does not limit:
(1) any rights granted under section 4 of this chapter or under
IC 13-2-1-3(2) (before its repeal); or
(2) any other legal right existing on March 12, 1959, to divert
and store water.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-8
Mediation of disputes
Sec. 8. (a) Whenever a dispute arises between the users of surface
water in a watershed area, any party to the dispute may request that
the commission mediate the dispute. Any party to the dispute may
institute mediation proceedings by filing a written request with the
commission setting out all the facts relevant to the dispute and
requesting a mediation of the dispute.
(b) Upon receipt of a request for mediation, the commission shall
conduct a hearing for the consideration of the facts involved in the
dispute. The commission shall notify all interested parties to the
dispute concerning the time and place of the hearing.
(c) In the mediation of the dispute, the commission may do the
following:
(1) Conduct a survey of the water supply in the watershed
involved in the dispute.
(2) Attempt to add additional sources of water for users in the
watershed.
(d) A recommendation of the commission in a mediation
proceeding:
(1) is not binding upon the parties to the dispute; and
(2) does not preclude or defeat a remedy that the parties to the
dispute have to a court of law.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-9
Reports to commission regarding volume of water used
Sec. 9. A person who uses ground water or surface water shall,
when requested by the commission, report to the commission the
volume of water used by the person in a specific period. The
commission may, in the commission's rules, prescribe the method of
making the reports.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-10
Public policy regarding regulation of public waters
Sec. 10. The policy that surface waters of Indiana are declared to
be public waters and subject to regulation by the general assembly is
the accepted policy of the state. Users of surface waters who:
(1) institute withdrawal of water for artificial uses from a
natural stream, natural lake, or other natural body of water; or
(2) increase artificial uses;
are subject to regulation of the uses or increased uses that are enacted
into law by the general assembly.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-11
Findings; requirements for diversion of water outside the basin;
rules
Sec. 11. (a) The general assembly finds that a diversion of water
out of the basin, unless conducted under the Great Lakes_St.
Lawrence River Basin Water Resources Compact, will impair or
destroy the Great Lakes. The general assembly further finds that the
regulation of a diversion of water from the basin is consistent with
the mandate of the Preamble to and Article 14, Section 1 of the
Constitution of the State of Indiana, the United States Constitution,
and the federal legislation according to which Indiana was granted
statehood.
(b) Water may not be diverted outside the basin from that part of
the basin within Indiana unless the diversion is:
(1) approved by the governor of each Great Lakes state under
42 U.S.C. 1962d-20 (Water Resources Development Act); or
(2) conducted:
(A) after the effective date of; and
(B) in accordance with the requirements of;
the Great Lakes_St. Lawrence River Basin Water Resources
Compact.
(c) The commission shall adopt rules necessary to implement this
section.
As added by P.L.1-1995, SEC.18. Amended by P.L.71-2004, SEC.2;
P.L.4-2008, SEC.3.