CHAPTER 1. DUTIES OF DEPARTMENT
IC 14-27
ARTICLE 27. LEVEES, DAMS, AND DRAINAGE
IC 14-27-1
Chapter 1. Duties of Department
IC 14-27-1-1
General duties of department
Sec. 1. The department shall do the following:
(1) Investigate, compile, and disseminate information and make
recommendations relative to the drainage and reclamation of
land.
(2) Make surveys and reconnaissance and prepare the maps,
charts, statistical tables, and other documents and
appurtenances that are considered necessary to enable
landowners, public officials, or other persons interested in or
charged by law with the duty of promoting and securing the
drainage and reclamation of land to proceed more intelligently
with their work.
(3) Recommend and secure the enforcement of laws for the
drainage and reclamation of the swamp, overflowed, and
nonarable land of Indiana.
(4) Ascertain, determine, designate, and define natural drainage
and reclamation areas. When requested, place at the disposal of
the public officials charged by law with the establishment and
execution of the work the information that will enable the
public officials, when providing for the drainage or reclamation
of a component part of the natural drainage or reclamation
areas, to proceed with the work so that the component systems,
when established and completed, form a scientifically
integrated system whereby the entire natural drainage or
reclamation area is most economically and scientifically drained
or reclaimed.
(5) Prepare computations of the probable maximum quantity of
water likely to be collected from a drainage or reclamation area
or district and discharged by a ditch or system of ditches or
drains, together with the probable maximum capacity of the
outlet by which the water is to make its escape.
(6) Prepare computations of the probable maximum quantity of
water likely to be restrained or impounded by a levee or dike or
a system of levees or dikes, together with the location and the
probable maximum height and strength of the proposed dikes or
levees by which the water is to be restrained and impounded.
(7) Make the computations prepared under subdivisions (5) and
(6) available, on request, to and placed at the disposal of a
public official or other person authorized by law to locate,
establish, or construct ditches, drains, levees, or dikes for the
purpose of enabling the person to locate, establish, and
construct the ditches, drains, levees, or dikes so that land other
than land assessed for benefits and wherever located is not
subjected to inundation, overflow, or unnecessary or unnatural
hazard or inconvenience.
As added by P.L.1-1995, SEC.20.
IC 14-27-1-2
Notices required to be made to department
Sec. 2. Within five (5) days after:
(1) an order has been made by a circuit or superior court, board
of commissioners, or county auditor referring a petition for
drainage or for the establishment and construction of a levee or
dike to the:
(A) drainage or levee commissioners;
(B) county surveyor; or
(C) joint board of drainage commissioners for interstate
drains; and
(2) the election and organization of the board of directors of an
incorporated levee or dike association under Indiana law for the
location, establishment, or construction of ditches, drains,
levees, or dikes;
the clerk of the circuit court, the county auditor, or the clerk of the
board of directors of the incorporated levee or dike association shall
notify the department by registered letter of the making of the order
or the election and organization of the board of directors.
As added by P.L.1-1995, SEC.20.
IC 14-27-1-3
Contents of notices
Sec. 3. The letter required by section 2 of this chapter must state
the following:
(1) The names and addresses of the drainage or levee
commissioners or the members of the board of directors.
(2) The date and place of meeting of the commissioners or
board of directors to make personal inspection of the land
described in the petition or likely to be affected by the proposed
work of drainage or levee or dike construction.
(3) The date fixed by the court or board of county
commissioners or otherwise upon which the preliminary or final
report of the drainage or levee commissioners or board of
directors is to be submitted.
As added by P.L.1-1995, SEC.20.
IC 14-27-1-4
Collection of data, statistics, or information
Sec. 4. Upon the receipt of notice under section 2 of this chapter
or at any time thereafter, the department may obtain, collate, and
interpret the data, statistics, or other information relative to the
proposed ditch, drain, levee, or dike that in the discretion of the
department is considered necessary to enable the department to fully
and satisfactorily perform the duties required by this chapter. The
data, statistics, or other information may be obtained by the
department or an agent of the department either in person or by a
suitable questionnaire prepared by the department and submitted to:
(1) the clerk of the circuit court or the auditor of the county
having jurisdiction of the case; or
(2) the drainage or levee commissioners or board of directors or
superintendent of construction.
As added by P.L.1-1995, SEC.20.
IC 14-27-1-5
Designation of technical advisor
Sec. 5. The department may, upon the receipt of a request in
writing from:
(1) the circuit or superior court or the board of county
commissioners having jurisdiction of the case;
(2) the drainage or levee commissioners;
(3) the board of directors of an incorporated levee or dike
association;
(4) the superintendent of construction; or
(5) a petitioner or a landowner who may be affected by an
assessment or damages incident to the establishment and
construction of the proposed work;
direct the state engineer or an authorized agent or person connected
with the division of engineering to act as a technical advisor.
As added by P.L.1-1995, SEC.20.
IC 14-27-1-6
Duties of technical advisor
Sec. 6. The department may direct the technical advisor
designated under section 5 of this chapter to do any of the following:
(1) Accompany the drainage or levee commissioners, the joint
board of drainage commissioners, or the board of directors of an
incorporated levee or dike association and assist and advise
them while making personal inspection of the land likely to be
affected by the proposed work to determine the best and
cheapest method of drainage or of constructing the proposed
levee or dike, including the termini, route, location, character,
and dimensions of the main drain or levee, as well as any arms,
branches, or laterals, considering future contingencies as well
as present needs, and cooperate with them in the determination
of all other matters that the commissioners or board of directors
are lawfully required to perform and on which they may request
the person's assistance or advice.
(2) Sit in an advisory capacity during the hearing of the
preliminary or final report of the drainage or levee
commissioners or board of directors by the court or county
executive until the proceedings have been dismissed or an order
has been issued declaring the proposed work established.
(3) Cooperate with the superintendent of construction,
commissioner, or other person charged with the execution of the
work in the determination of all matters on which the person's
advice or assistance is requested.
As added by P.L.1-1995, SEC.20.