CHAPTER 4. LAKES; AVERAGE NORMAL WATER LEVEL
IC 14-26-4
Chapter 4. Lakes; Average Normal Water Level
IC 14-26-4-1
"Average normal water level" defined
Sec. 1. As used in this chapter, "average normal water level" of a
lake means the level between high water that occurs as a result of
excessive precipitation and low water that occurs during protracted
dry periods that will do the following:
(1) Provide the most benefit to the public.
(2) Best protect the public health, welfare, and safety.
(3) Best preserve the natural resources of Indiana.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-2
Establishment and maintenance of average normal water level
Sec. 2. The department may do the following:
(1) Have established, by appropriate legal action, the average
normal water level or area of all natural and artificial lakes of
Indiana.
(2) Construct or sponsor and supervise the construction of
dams, spillways, and control works necessary to maintain the
average normal water level.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-3
Reports; preparation
Sec. 3. A concise report containing a description of the lake and
location, together with all data necessary to reveal and fix:
(1) the average normal water level or area of the lake; and
(2) the highest elevation to which the water has risen during the
prior ten (10) years;
shall be prepared and signed by an officer of the department.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-4
Method of determination
Sec. 4. The average normal water level shall be determined by
means such as the following:
(1) Old surveys.
(2) Testimony of old inhabitants.
(3) The extent to which drainage and other artificial causes have
increased or decreased the natural ground water of the area and
affected the water levels of the lake.
(4) Water level measurements made by the following:
(A) The United States Geological Survey.
(B) The department.
(C) Other agencies.
(D) Individuals.
(5) Any other pertinent surrounding facts or circumstances.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-5
Reports; filing
Sec. 5. The department shall file the report with the following:
(1) The commission.
(2) The clerk of the circuit court with jurisdiction in the county
in which the greatest area of the lake is situated.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-6
Reports; docket; notice
Sec. 6. The clerk of the circuit court shall do the following:
(1) Immediately docket the report as a cause of action pending
in the circuit court of the county.
(2) Cause notice to be published for two (2) consecutive weeks
in two (2) newspapers of general circulation in each county in
which the lake is situated. The notice must briefly describe the
nature of the report and fix a day for the hearing of the report.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-7
Court to hear evidence
Sec. 7. The court shall, on the day fixed in the notice or on a later
day to be fixed by the court, hear all of the evidence submitted
respecting the matter submitted by the following:
(1) The department.
(2) Any other agency of government.
(3) Any affected landowners.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-8
Findings; judgments
Sec. 8. (a) After the hearing, the court shall do the following:
(1) Make findings of fact.
(2) Give an appropriate judgment establishing the level and area
of the lake.
(b) If the judgment is favorable to the moving party, a description
of:
(1) a monument;
(2) the location of the monument; and
(3) all data furnished by the report;
shall be made a part of the court's findings and judgment by
reference.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-9
Lake level record
Sec. 9. (a) If the judgment is favorable to the moving party, the
findings and judgment of the court properly certified by the clerk of
the court shall be recorded in a lake level record to be kept in the
recorder's office of each county having land draining into the lake.
Each county in which is situated a lake other than a private lake shall
provide record books for this purpose. The county recorders may
make the recordings by pasting or otherwise securely attaching the
report containing all descriptive material in the record, which shall
be properly indexed and paged.
(b) The clerk and the county recorder may not make or enter of
record a charge for their services.
(c) Certified copies of the record of the judgment of the court as
kept in the office of the clerk of the circuit court and of the records
recorded in the office of the county recorder shall be received in
evidence in any court in Indiana as conclusive evidence of all matters
contained in the records.
(d) The department shall make and keep a similar record as a part
of the public records of the state.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-10
Monument
Sec. 10. Within one (1) year after the court has established the
average normal water level or area, the department shall construct a
suitable permanent monument as prescribed in the findings of the
court on the shore of the lake. The monument must contain the
following:
(1) The name of the lake.
(2) The average water normal level.
(3) The size if established.
(4) The highest level to which the lake has risen during the ten
(10) years preceding the time of the filing of the complaint.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-11
Applicability to dams, spillways, and control works
Sec. 11. The requirements and procedure prescribed by this
chapter for reports, notice, court procedure, and record apply to all
dams, spillways, and control works provided for in this chapter.
As added by P.L.1-1995, SEC.19.
IC 14-26-4-12
Construction of dams, spillways, or control works
Sec. 12. The department may do the following:
(1) Accept contributions or grants-in-aid from:
(A) an individual;
(B) a group of individuals; or
(C) county, state, or federal agencies;
to finance the construction of dams, spillways, or control works
to maintain the average normal water level of a lake.
(2) Sponsor the building of dams, spillways, or control works
to maintain the average normal water level of a lake.
(3) Sponsor the building of dams, spillways, or control works
by:
(A) an individual;
(B) a group of individuals; or
(C) county, state, or federal agencies.
The department shall supervise the construction.
As added by P.L.1-1995, SEC.19.