CHAPTER 1. PURPOSES
IC 14-33
ARTICLE 33. CONSERVANCY DISTRICTS
IC 14-33-1
Chapter 1. Purposes
IC 14-33-1-1
General purposes
Sec. 1. (a) A conservancy district may be established for any of
the following purposes:
(1) Flood prevention and control.
(2) Improving drainage.
(3) Providing for irrigation.
(4) Providing water supply, including treatment and
distribution, for domestic, industrial, and public use.
(5) Providing for the collection, treatment, and disposal of
sewage and other liquid wastes.
(6) Developing forests, wildlife areas, parks, and recreational
facilities if feasible in connection with beneficial water
management.
(7) Preventing the loss of topsoil from injurious water erosion.
(8) Storage of water for augmentation of stream flow.
(9) Operation, maintenance, and improvement of:
(A) a work of improvement for water based recreational
purposes; or
(B) other work of improvement that could have been built
for any other purpose authorized by this section.
(b) These purposes may be accomplished by cooperating with
federal and state agencies whose programs are designed to
accomplish any of the purposes of the district.
As added by P.L.1-1995, SEC.26.
IC 14-33-1-2
Sewage collection, treatment, and disposal; petition to engage in
services outside territory boundaries
Sec. 2. (a) A district established for the purpose of section 1(a)(5)
of this chapter that proposes to collect, treat, or dispose of sewage
and other liquid wastes produced outside of the district boundaries
must petition the Indiana utility regulatory commission for territorial
authority to engage in the services to territory outside of the
boundaries of the district.
(b) Upon notice and hearing, the Indiana utility regulatory
commission shall determine the following:
(1) The territory outside of the boundaries from which sewage
and other liquid wastes may be collected, treated, or disposed
of.
(2) The rates and charges that the district may make for the
services.
As added by P.L.1-1995, SEC.26.
IC 14-33-1-3
Use of powers to accomplish purpose of district
Sec. 3. Powers granted by this article may be used only to
accomplish each purpose set forth by the court in the order
establishing the district. However, a district plan or act of the board
necessary to accomplish a purpose for which the district is
established is not invalid because the district plan or act incidentally
accomplishes a purpose other than a purpose for which the district is
established.
As added by P.L.1-1995, SEC.26.
IC 14-33-1-4
Adding purpose to established district
Sec. 4. To add a purpose to an established district:
(1) the same procedure may be used as is provided for the
establishment of a district; or
(2) the board may pass a resolution adding an additional
authorized purpose to the district already established if the
board has received a petition that:
(A) is signed by at least ten percent (10%) of the freeholders
in the district; and
(B) requests the addition of the purpose to the district.
As added by P.L.1-1995, SEC.26.
IC 14-33-1-5
Procedures following passage of resolution
Sec. 5. (a) If a petition is filed and a resolution passed under
section 4 of this chapter, the board shall file the resolution and
petition with the court.
(b) Upon receipt, the court shall do the following:
(1) Order a hearing.
(2) Have a copy of the resolution and the date of the hearing
forwarded to the commission.
(3) Order notice of the hearing as follows:
(A) A copy of the resolution and the time and place of the
hearing shall be published at least one (1) time in at least one
(1) newspaper of general circulation in each county
containing land in the district.
(B) A copy of the notice as prepared for publication shall be
sent by mail, first class postage prepaid, to each freeholder.
(c) The mailing of notice and proof of notice is the same as is
required for notice of the hearing on the original petition to establish
the district.
(d) The notice to the commission, the publication, and the mailing
must be done at least thirty (30) days before the date of the hearing.
(e) If:
(1) at the hearing an objection is not filed by the commission or
by an owner of real property; and
(2) the court determines that the petition is proper;
the court shall order the district to be established also for the
additional purpose.
(f) If an objection is filed, the court shall do the following:
(1) Determine at the hearing the following:
(A) The sufficiency of the petition.
(B) The necessity and feasibility of adding the purpose.
(2) Make the order according to the facts found.
As added by P.L.1-1995, SEC.26.