CHAPTER 4. UPPER WABASH RIVER BASIN COMMISSION
IC 14-30-4
Chapter 4. Upper Wabash River Basin Commission
IC 14-30-4-1
"Basin" defined
Sec. 1. As used in this chapter, "basin" refers to the upper Wabash
River basin.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-2
"Commission" defined
Sec. 2. As used in this chapter, "commission" refers to the Upper
Wabash River basin commission established by this chapter.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-3
"Participating county" defined
Sec. 3. As used in this chapter, "participating county" refers to a
county that joins the commission under section 7 of this chapter.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-4
"Plan" defined
Sec. 4. As used in this chapter, "plan" refers to a plan described
in section 13(1) of this chapter.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-5
"Upper Wabash River basin" defined
Sec. 5. As used in this chapter, "upper Wabash River basin"
means the area located in Adams County, Huntington County, Jay
County, or Wells County that is drained by the Wabash River,
including the tributaries of the Wabash River.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-6
Establishment
Sec. 6. The upper Wabash River basin commission is established
as a separate municipal corporation.
As added by P.L.35-2001, SEC.7. Amended by P.L.2-2005, SEC.56.
IC 14-30-4-7
Designation as participating county
Sec. 7. Subject to section 6(b) of this chapter, the executive of a
county that includes territory in the upper Wabash River basin may
do the following:
(1) Elect to participate in the commission by designating the
county as a participating county.
(2) Revoke the designation.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-8
Voting members
Sec. 8. The following serve as voting members of the commission:
(1) The three (3) county commissioners from each participating
county.
(2) The chairman of a soil and water conservation district for
each participating county that:
(A) is subject to IC 14-32;
(B) includes territory in a participating county; and
(C) includes territory in the basin.
(3) The county surveyor of each participating county.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-9
Designation of member; revocation
Sec. 9. (a) A member of the commission may:
(1) designate another individual to perform the duties of the
member on the commission; and
(2) revoke the designation.
(b) Any designation or a revocation of a designation under this
section must be filed with the commission to be effective.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-10
Officers
Sec. 10. (a) The commission shall annually elect from among the
voting members the following officers:
(1) A chairperson.
(2) A vice chairperson.
(3) A secretary.
(4) A treasurer.
(b) The officers elected under subsection (a) shall be elected and
shall perform the duties specified in the commission's bylaws.
(c) The commission may establish other offices and determine the
means of filling the offices.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-11
Reimbursements; per diems
Sec. 11. (a) Each member of the commission is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
Money paid under this section may be paid only from the money
available to the commission.
(b) A county may pay members of the commission the salary per
diem provided by IC 4-10-11-2.1(b) for the performance of the
member's duties on the commission.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-12
Powers
Sec. 12. (a) The commission may do the following:
(1) Sue and be sued.
(2) Manage the commission's internal affairs.
(3) Employ staff.
(4) Enter into contracts to implement a cooperative agreement
described in section 13 of this chapter.
(5) Exercise the powers of a political subdivision specified in
a cooperative agreement described in section 13 of this chapter.
(b) This section does not exempt the commission from any statute.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-13
Cooperative agreements
Sec. 13. A political subdivision in a participating county may
under IC 36-1-7 enter into a cooperative agreement with the
commission and at least one (1) other legal entity to authorize the
commission to:
(1) develop a plan to control flooding and improve drainage in
that part of the basin that is described in the cooperative
agreement;
(2) organize and coordinate the installation of trails along the
upper Wabash River basin through partnerships with other
organizations; or
(3) develop and promote good soil and water conservation
practices and procedures, including erosion control and bank
stabilization.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-14
Flood control plans
Sec. 14. In developing the plan, the commission shall determine
the best method and manner of establishing flood control, giving
consideration to the following:
(1) The reservoir method.
(2) The channel improvement method.
(3) The levee method.
(4) Flood plain regulation.
(5) All nonstructural methods.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-15
Plans; public hearings; approval
Sec. 15. (a) The commission shall give the public an opportunity
to participate in the development of the plan by holding public
hearings at which public testimony is heard and by accepting written
recommendations from the public.
(b) Before the plan is implemented by a political subdivision, the
plan must be approved by the department of natural resources in
accordance with IC 14-25 through IC 14-29.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-16
Annual budget
Sec. 16. (a) The commission shall prepare an annual budget for
the commission's operation and other expenditures under
IC 6-1.1-17. The annual budget is subject to review and modification
by the county board of tax adjustment of any participating county.
(b) The commission is not eligible for funding through the
Wabash River heritage corridor commission established by
IC 14-13-6-6.
As added by P.L.35-2001, SEC.7. Amended by P.L.224-2007,
SEC.105; P.L.146-2008, SEC.427.
IC 14-30-4-17
Rules
Sec. 17. The commission may adopt rules under IC 4-22-2 to
require that increased water runoff resulting from new construction
be impounded on the construction site.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-18
Advisory committees
Sec. 18. The commission may appoint advisory committees
consisting of individuals whose experience, training, or interest in
the upper Wabash River basin enables the committees to assist the
commission. A member of an advisory committee is not entitled to
compensation for the member's services.
As added by P.L.35-2001, SEC.7.
IC 14-30-4-19
Access to lands
Sec. 19. (a) The commission, board of directors, employees, or
authorized representatives of the commission acting under this
chapter may:
(1) enter the land lying within the one hundred (100) year flood
plain of any watercourse; and
(2) enter nonflood plain land to gain access to the flood plain
land;
to investigate, examine, survey, or investigate suspected violations
of the Indiana flood control laws.
(b) The commission must give sixty (60) days written notice to:
(1) an affected landowner;
(2) a contract purchaser; or
(3) for a municipality, the executive of the municipality;
before exercising the right of entry granted in this section. The notice
must state the purpose of the entry and that there is a right of appeal
under this section.
(c) An affected landowner may, within the sixty (60) day notice
period under subsection (b), appeal the proposed necessity for entry
to a court in the county in which the property is located. If an appeal
is made, the commission may not exercise the right of entry until a
final decision is made by the court.
(d) A person acting under this section must use due care to avoid
damage to crops, fences, buildings, or other structures.
As added by P.L.35-2001, SEC.7.