Title: Indiana - Drains, Levees and Water Conservation
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Title: Indiana - Drains, Levees and Water Conservation
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Jake Varn Collection - Indiana - Drains, Levees and Water Conservation (JDV Box 39)
General Note: Box 29, Folder 23 ( Water Statutes - Other States - 1900s ), Item 7
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INtIANA


DRAINS, LEVEES AND WATER CONSERVATION


CHAPTER 13
GROUND WATER CONSERVATION
SECTION.


Definitions.
Declaration of policy.
Designation of restricted use
areas.
Order designating restricted
use area-Publication of no-
tice-Notice to counties, mu-
nicipalities, and utilities.
Permits for increased use in
restricted use areas.
Statements filed by large users
in restricted use areas-For-
feiture of rights for failure
to file.
Reports by owners of new
wells in restricted use areas.
Permits restricted to landown-
ers and lessees.-


27-1309. Authority to require install.
tion of meters.
27-1310. Authority to require waste
control measures.
27-1311. Determination of quantities of
water.
27-1312. Rules and regulations.
27-1313. Violations-Penalty.
27-1314. Water wells Reduction of
flow authorized.
27-1315. Permit required to introduce,
potable ground water in non.
potable formations Appli.
cation forms Investigation
and hearing.
27-1316. Penalty for violation.


27-1301. Definitions.-For the purposes of this act [27-1301-
27-1313] the term "ground water" as used herein shall mean all water
filling the natural openings under the earth's surface including all under-
ground streams, artesian basins, reservoirs, lakes and other bodies of
water below the earth's surface. The term "department" as used herein
shall mean the Indiana department of conservation. The term "waste"
or "wasted" used herein shall mean: (a) permitting ground water to
flow, taking or using it in any manner so that it is not put to its full
beneficial use, (b) transporting ground water from its source to its
place of use in such a manner that there is an excessive loss in transit.
(c) permitting or causing the pollution of a fresh water strata through
any act which will cause salt water, highly mineralized water or other-
wise contaminated water to enter it. The term "rated capacity of a
pump" shall mean the number of gallons of water a pump is capable
of discharging in a given time as determined by the manufacturer or
by certified pump tests. [Acts 1951, ch. 29, 1, p. 64.]


Title of Act. The title of Acts 1951,
ch. 29, reads: "An act to conserve and
protect the ground water resources of
the state of Indiana, to prevent the loss
and waste thereof, to limit and allocate
the use of ground waters in all areas
of the state where it is found that their
use may threaten to impair or exhaust
the supply thereof or render them unfit
for use, providing a penalty for violation
of the act, and declaring an emergency."
In force February 21, 1951.
Preamble. The preamble to Acts 1951,
ch. 29, reads:
"Whereas, the increasing use and
waste of ground waters in parts of the
state is exceeding or threatens to exceed
the natural replenishment of such water
with the result that ground water levels
in some areas are receding as much as
one-half foot per year, thereby making
it more difficult for some communities


to procure sufficient water to meet the
public's need; and
"Whereas, there has been a rapid in-
crease in the number of installations of
air conditioning and heat pump equip-
ment using ground water as a heat ex-
changing medium and of other modern
equipment using ground water in large
quantities for commercial purposes; and
"Whereas, it is to the interest of the
citizens of the state and to the public
health to conserve such waters whern
there is a waste or excessive demand by
allocating their use in a fair and equita-
ble manner."
Indiana Law Journal. Notos-Water
Rights in Indiana, 32 Ind. L. J. 39.
Emerging Patterns for Regulation of
Consumptive Use of Water in the East-
ern United States, 43 Ind. L. J. 383.


27-1301


SECTION.
27-1301.
27-1302.
27-1303.
27-1304.


27-1305.
27-1306.


27-1307.
27-1308.







GROUND WATER CONSERVATION


Comparative Legislation. Ground wa- Ore. Rev. Stat., 537.505-537.795,
ter conservation: 537.990.
Colo. Rev. Stat. 1963, 148-18-1- S. Dak. Comp. Laws 1967, 46-6-1-
148-18-15. 46-6-23.
Okla. Stat. Ann., tit. 82, 1001-1019. Wyo. Stat. 1957, 41-121-41-147.

27-1302. Declaration of policy.-It is hereby declared a public policy
of this state in the interest of the economy, health and welfare of the
state and its citizens, to conserve and protect the ground water re-
.ources of the state and for that purpose to provide reasonable regula-
tions for its most beneficial use and disposition. [Acts 1951, ch. 29,
2, p. 64.]
27-1303. Designation of restricted use areas.-The department may
by rule or order, when it has reason to believe it necessary and in the
public interest, designate certain areas of the state where the with-
drawal of ground waters exceeds or threatens to exceed its natural
replenishment as restricted use areas. Before the department shall
designate such areas as restricted use areas it shall have made, or
caused to be made, surveys of the ground water resources of the area
and shall have determined the safe annual yield of the basin. The de-
partment is authorized to cooperate with the agencies of the federal
government engaged in making such surveys and may accept and use
the findings of other agencies of the federal and state governments as
a basis of its decisions. [Acts 1951, ch. 29, 3, p. 64.]

27-1304. Order designating restricted use area-Publication of no-
tice-Notice to counties, municipalities, and utilities.-Whenever the
department designates an area of the state as a restricted use area, the
department shall approve an order to that effect and proceed with its
adoption pursuant to the law governing the adoption of rules by the
department, Provided, however, That in addition to the publication of
notice provided for in such general law on the adoption of rules, the
department, for the purposes of this act only, shall give notice by publi-
cation once each week for three [3] consecutive weeks in all of the
newspapers of general circulation in the area to be designated as a
restricted use area, and it shall give ten [10] days written notice to all
public utilities privately or publicly owned engaged in furnishing water
to residents of the restricted use area, and, further, it shall give ten
[10] days written notice to the mayor or town trustees of any city or
town in the restricted use area, and to the president of the board of
county commissioners, and further it shall cause the notice to be posted
ait least 10 days prior to the hearing at the door of the courthouse, the
city or town hall if there be any in the restricted use area, and in at
least three [3] other public places and proof of such notice shall be
made at the hearing by the affidavits of the publishers of the news-
papers, and of the persons who posted and sent the other notices as
required herein. [Acts 1951, ch. 29, 4, p. 64.]

27-1305. Permits for increased use in restricted use areas.-In areas
pronounced restricted use areas, it shall be unlawful for any person,
firm, corporation, association or governmental agency, except public
utilities privately or publicly owned engaged in supplying or furnish-
iug public utility service to the residents and business institutions of
a"ly city, town, village or public institutions within the restricted use


~--74**1~----------------------a^x--~- --


27-1305







DRAINS, LEVEES AND WATER CONSERVATION


areas, to withdraw or use for any purpose ground water in quantity:
in excess of 100,000 gallons per day, in addition to the quantity a11
such person, firm, corporation, association or governmental agency sha`i
be using at the time the order pronouncing the area as a restrict.,!
use area becomes effective, unless such person, firm, corporation, a.
sociation or governmental agency shall first obtain a permit from the
department to withdraw or use a greater quantity. Any person, firnm
corporation, association or governmental agency, except public utilitit,
as hereinbefore mentioned, desiring to withdraw or use a quantity
-greater than 100,000 gallons per day in addition to the quantity beinr
used at the time of the effective date of an order declaring an area as
a restricted use area or to withdraw or use a quantity greater than
100,000 gallons per day in case the applicant was not a prior user of
ground water shall make application for permission to do so to the
department upon a form prescribed by the department. In granting or
refusing a permit the department shall consider the effect the with.
drawal of additional ground water from the restricted use area will
have on future supplies in the area, what use is to be made of the water,
how it will affect present users of ground water in the area, whether
the future natural replenishment is likely to become more or less,
whether future demands for ground water are likely to be greater or
less, and how the withdrawal of additional ground waters will affect
the health and best interests of the public. In granting a permit the
department may impose such conditions or stipulations as may be neces-
sary to conserve the ground waters of the area and prevent their waste,
exhaustion or impairment. In regard to withdrawing and using water
taken from the ground in the restricted area referred to in this act
[ 27-1301-27-1313], the department may require such water to be
returned to the ground through wells, pits or spreading grounds and
if this condition is imposed by the department, the water shall be re-
turned under such rules and regulations as the department may adopt
subject to the approval of the Indiana state board of health, in order
to avoid pollution of underground water. Any refusal to grant a permit
under this act shall be subject to court review under the terms of
Chapter 365, Acts of 1947 [ 63-3001-63-3030]. [Acts 1951, ch. 29,
5, p. 64.]
Cross-Reference. Suits to abate pollu-
tion of water supply, 35-2902.

27-1306. Statements filed by large users in restricted use areas-
Forfeiture of rights for failure to file.-All users of ground water in
amounts in excess of 100,000 gallons per day in an area designated by
the department as a restricted use area shall file with the department
a certified statement of the average daily amount of ground water used
prior to the designation of the area as a restricted use area. Such state-
ment shall be filed within 90 days after the adoption of an order by
the department designating an area as a restricted use area and shall
be on forms furnished by the department upon request. Failure to file
a certified statement of the daily amount of ground water used prior
to the department's order as heretofore mentioned, shall invalidate a
user's prior claim to the withdrawal and use of ground water in excess
of 100,000 gallons per day without having secured a permit from tt'
department under the provisions of section 5 [ 27-1305]. [Acts 1951,
ch. 29, 6, p. 64.]


27-1306






GROUND WATER CONSERVATION


27-1307. Reports by owners of new wells in restricted use areas.-
In areas designated as restricted use areas, all well owners or their
representatives shall file with the department, on forms furnished by
the department, a complete record of all new wells drilled within the
area. Such record shall be filed within 30 days after the well has been
completed and placed in operation and shall contain a log of the well,
,tatic water level, yield and drawdown and other pertinent information
which may be required by the department. [Acts 1951, ch. 29, 7,
p. 64.]
27-1308. Permits restricted to landowners and lessees.-No permit
shall be issued to an applicant requesting permission to withdraw and
use more than 100,000 gallons per day of ground water from a desig-
nated restricted use area who does not have title or hold a valid lease
to the property from which the water is to be withdrawn. [Acts 1951,
ch. 29, 8, p. 64.]

27-1309. Authority to require installation of meters.-The depart-
ment shall have the authority to require the users of ground water
in amounts in excess of 100,000 gallons per day in designated restricted
use areas to install meters if the user is unable to furnish accurate
information in regard to the amounts of ground water being withdrawn
and used or there is evidence that his certified statement is false or is
inaccurate or that he is withdrawing and using a larger quantity than
has been authorized by the department under the provisions of section
5 [ 27-1305]. [Acts 1951, ch. 29, 9, p. 64.]

27-1310. Authority to require waste control measures.-In areas
which are pronounced or designated as restricted use areas by the
department it may require any person, firm, corporation, association or
governmental agency found to be committing waste of ground water
as defined herein to return all or a portion of such waters to the ground,
providing however, that the waters being wasted can safely and prac-
ticably be returned to the ground, and further providing that such
requirements shall be imposed as proportionately equal as is practicable
on all those committing waste. The use of ground water for cooling
purposes may constitute waste if the water is not used more than once
in a cooling, air conditioning or heating system and not put to further
1beneficial use. In restricted use areas so designated by the department
it may also require the owner of flowing wells which exceed a flow of
1.500 gallons per day and which water is being wasted to install such
controls on the well as may be necessary to diminish the daily flow
to 1,500 gallons or less. [Acts 1951, ch. 29, 10, p. 64.]
27-1311. Determination of quantities of water.-In determining the
quantity of water being removed from or returned to the ground the
department may use the rated capacity of the pump or pumps used for
Pumping the water, the rated capacity of the cooling system, data
furnishedd by the well driller or user or by the standards or methods
' employed by the U. S. geological survey in determining such quantities
'' by any other accepted method. [Acts 1951, ch. 29, 11, p. 64.]

27-1312. Rules and regulations.-The department may adopt such
rules and regulations as may be necessary to determine within reason-


27-1312







DRAINS, LEVEES AND WATER CONSERVATION


able limits quantities of water being removed from the ground, or f.
administering any of the other provisions of this act [ 27-1301
27-1313]. [Acts 1951, ch. 29, 12, p. 64.]

27-1313. Violations-Penalty.-Any person, firm or corporation v;.
lating the provisions of this act [ 27-1301-27-1313] shall be gui'.
of a misdemeanor and upon conviction shall be fined in any sum r;,
less than $25.00 nor more than $500. Each day upon which such
violation shall occur shall constitute a separate offense. [Acts 19::
ch. 29, 13, p. 64.]
Repeal. Section 14 of Acts 1951, ch. Emergency. Section 15 of Acts i:'
29 repealed Acts 1947, ch. 154. ch. 29 declared an emergency. Appr,,
February 21, 1951.

27-1314. Water wells-Reduction of flow authorized.-The India:
department of conservation is hereby authorized to require owners <
flowing water wells to reduce the flow from such wells as it may dec:
advisable to prevent the loss or waste of potable water which is ri
being put to a beneficial use. [Acts 1957, ch. 309, 1, p. 879.]
Title of Act. The title of Acts 1957, "Whereas, Considerable water is 1t:
ch. 309, reads: "An act to conserve and wasted and not put to beneficial u'. !.
protect the ground waters of the state of many cases where flowing wells are ri.
Indiana and to prevent the loss and mitted to flow a full stream continuou-,!
waste thereof." In force March 14, 1957. throughout the year; and
Preamble. The preamble to Acts 1957, "Whereas, Considerable quantities
ch. 309, reads: "Whereas, There is an potable ground water are being purmp
increasing demand for ground water for into underground formations which ce.
domestic, industrial and agricultural pur- tain water unfit for human consumption
poses; and and
"Whereas, The available ground water "Whereas, It is to the best inter,~*
supply in many parts of the state is of the citizens of the state and to t'
limited and may not be sufficient to sup- public health to prevent the waste '
ply all future needs; and potable ground waters."
27-1315. Permit required to introduce potable ground water in no"n
potable formations-Application forms-Investigation and hearing.-
A permit to be issued free of charge, must be obtained from the India: .
department of conservation to inject, pump, or otherwise introt '
potable ground water into any underground formations which contal
nonpotable water. Application for said permit shall be made on forr-
prescribed by the Indiana department of conservation, and the perrV"
shall be issued upon receipt of application, unless the Indiana dep:tr'
ment of conservation determines from the application that an investi.;
tion is necessary. The Indiana department of conservation shall hl:'.
the right, after an investigation has been conducted and a hearing li.
been held, to deny permission to any applicant to inject, pump, or oth- !
wise introduce potable ground water into any underground formati.,-
which contain nonpotable water when such practice would constit2'
a waste of potable ground water or threaten to impair or exhaust t'
supply of the area and when available nonpotable waters could he u11
in lieu of potable waters. The use of potable water obtained front '
prolific aquifer adjacent to a permanent flowing stream which is rap'i,
recharged is hereby excluded, provided that the operator shall n11,
the Indiana department of conservation, on a form prescribed by
department, of any use of said prolific aquifer and include thereon a ..
approximation of the volume of potable waters to be used. Any per-
firm or corporation operating a water flood project using potable gr'',:


27-1313








WATER RIGHTS


water at the time of the enactment of this act, shall have the right to
continue such flood and to use such additional potable water as may be
necessary, Provided, however That should an emergency arise affecting
the water supply for household or farm use, in which event the depart-
ment may after notice and hearing order such person, firm or corpora-
tion to cease the use of such potable ground water. [Acts 1957, ch.
:;09, 2, p. 879.]

27-1316. Penalty for violation.-Any person, firm or corporation vio-
lating the provisions of this act [ 27-1314-27-1316] shall be guilty
of a misdemeanor and, upon conviction, shall be fined in any sum not
less than twenty-five dollars [$25.00] nor more than fifty dollars
[$50.00]. Each day upon which such a violation shall occur shall con-
stitute a separate offense. [Acts 1957, ch. 309, 3, p. 879.]
Emergency. Section 4 of Acts 1957,
ch. 309 declared an emergency. Ap-
proved March 14, 1957.


CHAPTER 14
WATER RIGHTS


Declaration of purpose.
Water declared natural re-
source.
Water for domestic purposes
-Impounding for irrigation
--Riparian owners' rights.
[Repealed.]
Surface water policy.
Diversion of flood waters-
Commission to mediate dis-
putes-Reports to commis-
sion.


SECTION.
27-1407. Definitions.
27-1408. Standards for measurement of
water.
27-1409. Power to dispose and sell
stored water Pricing ar-
rangements Water re-
sources and development
fund.


27-1401. Declaration of purpose.-It is hereby declared that the gen-
eral welfare of the people of the state of Indiana requires that surface
water resources of the state be put to beneficial uses to the fullest ex-
tent and that the use of water for nonbeneficial uses be prevented, and
that the public and private funds, for the promotion and expansion of
tihe beneficial uses of surface water resources, shall be invested to the
elnd that the best interests and welfare of the people of the state will be
served. [Acts 1955, ch. 251, 1, p. 643.]


Title of Act. The title of Acts 1955,
' h. 251, reads: "An act concerning water
'.:hts in natural surface waters in the
't-te of Indiana, declaring and estab-
"hing the policy of the state of Indi-
mi:a regarding water rights in natural
Srf:ace waters, providing for a commit-
"o to make a survey and study of the
':s regarding water rights and water
: a'nlaement, and making an appropria-
' i." In force March 11, 1955.
-'etion 5 of Acts 1959, ch. 206, amend-
I the title of Acts 1955, ch. 251, to read:
"An Act concerning ground and surface
*.Ltrs."


Preamble. A preamble to Acts 1955,
ch.251,reads:
"Whereas, Due to the vastly increased
use of water for domestic, agricultural,
industrial, recreational and related pur-
poses, and the prospect for continued.
expansion of such uses; and
"Whereas, The general assembly rec-
ognizes the need for the utmost efficiency
in the beneficial management of surface
water resources for the best interests of
all the people of the state of Indiana;
and
"Whereas, The well-being of individ-
uals and the protection of property re-


SECTION.
27-1401.
27-1402.
27-1403.

27-1404.
27-1405.
27-1406.


27-1401







DRAINS, LEVEES AND WATER CONSERVATION


quire that the power inherent in the Indiana Law Journal. Notes--Water
people of Indiana be utilized to promote Rights in Indiana, 32 Ind. L. J. 39.
and to regulate surface water resources Public Rights in Indiana Waters, 37
for the proper beneficial uses." Ind. L. J. 467.

27-1402. Water declared natural resource.-Water in any natural
stream, natural lake or other natural body of water in the state of
Indiana which may be applied to any useful and beneficial purpose
is hereby declared to be a natural resource and public water of the
state of Indiana and subject to control and/or regulation for the public
welfare as hereinafter determined by the general assembly of the state
of Indiana. Diffused surface water flowing vagrantly over the surface
of the ground shall not be regarded as public water and the owner of
the land on which such water falls, pools, or flows, shall have the right
to its use. [Acts 1955, ch. 251, 2, p. 643.]

27-1403. Water for domestic purposes-Impounding for irrigation-
Riparian owners' rights.-(1) The owner of land contiguous to or en-
compassing a public watercourse shall at all times have the right to
the use of water therefrom in the quantity necessary to satisfy his
needs for domestic purposes, which shall include, but not be limited to,
water for household purposes, drinking water for livestock, poultry and
domestic animals. The use of water for domestic purposes shall have
priority and be superior to any and all other uses.
(2) The owner or group of owners of land contiguous to or encom-
passing a public watercourse, or any person, firm, corporation, unit
of government or association for irrigation or other purposes owning
such land, shall have the right to impound such water behind a dam in
the natural stream bed or on its land or by pumping or diverting
such water from a stream or lake to a reservoir when the flow in the
stream or the level of the lake is in excess of existing reasonable uses
at the time of such impoundments. An obstruction to be placed across
a natural stream shall include an outlet facility for release of water
which the owner is not entitled to use under this act [ 27-1401-27-
1409], and the owner shall operate the outlet in accordance with this
provision: Provided, That any or all such action by an owner or group
of owners shall first be approved by the Indiana flood control and water
resources commission.
(3) Public utilities, persons, firms, corporations, units of govern-
ment or associations for irrigation or other purposes which create ad-
ditional stream volumes by releases from impoundments built and fi-
nanced by them for their purpose or purposes, shall have the right to
use of such increased flowage at all times, the same to be determined
by well recognized engineering computations. Riparian owners shall
have no rights in such increased flowage beyond normal stream flow.
[Acts 1955, ch. 251, 3, p. 643.]

27-1404. [Repealed.]
Compiler's Note. This section (Acts water rights, was repealed by Acts 1959,
1955, ch. 251, 4, p. 643), relating to a ch. 206, 4, p. 479.
study committee for making survey of

27-1405. Surface water policy.-The policy that surface waters of
Indiana are declared to be public waters and subject to regulation by


27-1402







WATER RIGHTS


the Indiana general assembly, shall be the accepted policy of the state
of Indiana. Users of such waters who may hereafter institute with-
drawal of water for artificial uses from natural streams or lakes, or
other natural body of water, or who increase any such present uses,
shall be subject to any regulations on such uses or increased uses which
may be enacted into law by the Indiana general assembly. [Acts 1955,
ch. 251, 5, p. 643.]
Emergency. Section 6 of Acts 1955,
ch. 251 declared an emergency. Ap-
proved March 11, 1955.

27-1406. Diversion of flood waters-Commission to mediate disputes
-Reports to commission.-(1) Upon approval of the Indiana flood
control and water resources commission, any person, whether or not
the owner of lands contiguous to or encompassing any watercourse,
may divert the flood waters of any watercourse for any useful pur-
pose, including the purpose of storage: Provided, that such diversion
shall not cause any injury to landowners or the users of water in the
watershed of the watercourse from which the flood flow is diverted:
Provided further, That the provisions of this subsection shall in no
way limit any rights granted under section 3 [ 27-1403], subsection
(2) of chapter 251 of the Acts of the Indiana General Assembly of
1955, or any existing legal right, to divert and store water.
(2) Whenever a dispute arises between the users of surface water
in any watershed area, any party to the dispute may request that the
Indiana flood control and water resources commission mediate the dis-
pute. Any party to the dispute may institute mediation proceedings
by filing a written request with the commission setting out therein
all the facts relevant to the dispute and requesting a mediation of
the dispute. Upon receipt of any such request, the commission shall
conduct a hearing for the consideration of the facts involved in the
dispute, and the commission shall notify all interested parties to the
dispute concerning the time and place of the hearing. In the mediation
of the dispute, the commission is authorized to make a survey of the
water supply in the watershed involved in the dispute and to endeavor
to add additional sources of water for users in such watershed. Any
recommendation of the commission in any such mediation proceeding
shall not be binding upon the parties to the dispute, and it shall in
no way preclude or defeat any redress that the parties to the dispute
may have to any court of law.
(3) Any person who uses either ground water or surface water
shall be required, when requested by the Indiana flood control and
water resources commission, to report to the commission the volume
of water used by him in any specific period. The commission is hereby
authorized, in its official rules and regulations, to prescribe the method
of making such reports. [Acts 1955, ch. 251, 3c, as added by Acts
1959, ch. 206, 3, p. 479.]
Separability. Section 6 of Acts 1959, visions of this act are declared to be
ch. 206, reads: "If any provision of this severable."
Iwt or the application thereof to any per- Repeal. Section 4 of Acts 1959, ch. 206
,',n or circumstance is invalid, such in- repealed 4 of Acts 1955, ch. 251.
'validity shall not affect other provisions Emergency. Section 7 of Acts 1959,
1r applications of the act which can be ch. 206 declared an emergency. Ap-
,'Wvcn effect without the invalid provision proved March 12, 1959.
t(r application, and to this end the pro-


27-1406







DRAINS, LEVEES AND WATER CONSERVATION


27-1407. Definitions.-The following definitions, relative to water re-
source projects and the development and improvement of water re-
sources of any nature in the state of Indiana or bordering on the state
of Indiana, shall be recognized as the generally accepted definitions
to be used by the Indiana flood control and water resources commission
and any and all other agencies of government:
(1) The term "surface water" shall mean that water which is
found on the surface of the earth;
(2) The term "ground water" or "subterranean water" shall mean
all water which fills the natural openings under the earth's surface
including all underground watercourses, artesian basins, reservoirs,
lakes and other bodies of water below the earth's surface;
(3) The term "diffused surface water" shall mean that water which
comes from falling rain or melting snow or ice, and which is diffused
over the surface of the ground, or which temporarily flows vagrantly
upon or over the surface of the ground as the natural elevations and
depressions of the surface of the earth may guide it, provided that
the water has no definite banks or channel;
(4) The term "watercourse" shall mean a channel, having defined
banks, which is cut by erosion of running water through turf, soil, rock
or other material and over the bottom of which water flows for sub-
stantial periods of the year. The term "watercourse" shall include both
the upstream and downstream portions of a watercourse which is lost
in a swamp or a lake, if it emerges from such swamp or lake in a
well defined channel; and it shall include any watercourse which has
been improved by confining it in an artificial channel;
(5) The term "person" shall mean any natural person, firm, part-
nership, association or corporation; and the term shall include, but not
be limited to, any local, county, state or federal unit of government or
any special district created and authorized by law;
(6) The term "watershed" shall mean an area from which water
drains to a common point. The watershed of an entire watercourse shall
be measured to its mouth and the watershed of any part of a water-
course shall be measured to the farthest downstream point in question;
(7) The term "flood water of a watercourse" shall mean that water
which is flowing or standing above the top level of or outside of the
banks of such watercourse;
(8) The term "reservoir impoundment" shall mean the water stored
in a reservoir created by the construction of a dam, embankment or
other structures;
(9) The term "water supply storage" shall mean that portion of
a reservoir impoundment designated or allocated for water supply pur-
poses;
(10) The term "water supply" shall mean that volume of water
designated for use in or by any beneficial process or purpose in the
satisfaction of domestic, municipal, agricultural, industrial, commer-
cial, recreational, power, transportation, stream pollution abatement,
health and other uses and needs in a manner consistent with the public
interest. [Acts 1955, ch. 251, 3a, as added by Acts 1959, ch. 206, 1.
p. 479; 1963, ch. 342, 1, p. 852.]
Title of Amendatory Act. The title of being chapter 251, Acts of 1955, :a
Acts 1963, ch. 342, reads: "An act to amended by chapter 206, Acts of 1959-"
further amend an act entitled 'An act Amendment. The 1963 amendmcit
concerning ground and surface waters,' added clauses (8), (9) and (10) to thli.
section.


27-1407







WATER RIGHTS


,7.1108. Standards for measurement of water.-The following are
lardss which shall be used for the measurement of water:
o) A "cubic foot per second" and a "gallon per minute" shall be
,standard units for the measurement of the flow of water;
i) An "acre-foot" and a "gallon" shall be the standard units for
measurement of stored water;
t:,) The standards and methods for the measurement of the volume
o, water flow which are either used or approved by the United States
Slogical survey in cooperation with the various departments of the
.,te and federal governments shall be accepted as prima facie reliable.
\cts 1955, ch. 251, 3b, as added by Acts 1959, ch. 206, 2, p. 479.]

27-1-09. Power to dispose and sell stored water-Pricing arrange-
,tnts--Water resources and development fund.--(1) The Indiana
,l control and water resources commission is hereby authorized and
p;;owered to contract to provide certain minimum quantities of stream
wv or to sell water on a unit pricing basis for water supply purposes
-:m the water supply storage in such reservoir impoundments or por-
ns thereof as have heretofore or may hereafter be financed by the
..te of Indiana. Such water may be made available for direct with-
:.ial from the reservoir impoundment or released from the reservoir
;oundment to create increased flowage beyond normal stream flow
r use by the contracting party and/or purchaser at some downstream
.nt. Such withdrawals or releases shall not be contracted for in
.ess of the storage allocated to water supply purposes in the author-
.! g legislation for water supply or multiple purpose reservoir projects.
Ss hereby specifically provided that nothing in this subsection shall
construed as abrogating, limiting or affecting in any manner any
:or or future sales of water made pursuant to the provisions of chap-
r 112, acts of 1945 [ 48-5369--48-5374], as amended, or from reser-
rs constructed for or by the department of conservation, in which
latee water for incidental water supply purposes is available.
(2) The said commission may contract with any person or persons
Sthie provision of certain minimum quantities of stream flow or for
sale of water on a unit pricing basis. Contracts for the provisions
certain minimum quantities of stream flow or for the sale of water
a unit pricing basis shall be duly executed by the said commission,
'ct to approval by the attorney-general and the governor, and the
-,n or persons desiring such use, covering a period of not to ex-
:; ifty [50] years.
'rior to the submission of the contract to the governor for his ap-
'val, a copy of the contract shall be submitted to the department
1'servation and the department of conservation, within twenty [20]
o Of the receipt thereof, shall prepare a memorandum relative to
lk'cft that such contract might have on recreational facilities and
,* submit said memorandum to the governor for his consideration.
r.ces to be established by the commission in contracts for the pro-
:' of certain minimum quantities of stream flow or for the sale of
r on a unit pricing basis shall be reasonable and equitable as be-
:1 all users and interests involved, and shall be subject to review
'' public service commission of Indiana in cases in which a munici-
o" r public utility is the contracting party and/or purchaser.
*' There is hereby created a fund to be known as the "Water
I'ces Development Fund" into which shall be deposited proceeds


27-1409








DRAINS, LEVEES AND WATER CONSERVATION


from contracts for the provisions of certain minimum quantities of
stream flow and/or from the sale of water on a unit pricing basis as
made pursuant to the provisions of this section and such fund proceeds
shall not revert to the general fund, but shall constitute and be a re-
volving fund to be used exclusively for the purposes of this section.
Fund allotments from the water resources development fund shall be
made by the state budget agency to the said commission for the invest.
gation and development of reservoir sites, acquisition of easements or
purchase in fee simple of lands and properties to be used as reservoir
sites, financing, construction, and/or operation and maintenance of res-
ervoir impoundments or portions thereof for water supply storage and
uses, either independently or in cooperation with any person or per-
sons as defined in this act. The administrative control of the fund
is hereby vested in the Indiana flood control and water resources com-
mission. The commission shall adopt, pursuant to methods provided by
law, such rules and regulations as are deemed necessary for the proper
administration of the fund and of the provisions of this section. The
commission, subject to the approval of the state budget agency, shall
have the power and authority to employ such personnel as may be
necessary for the efficient administration of this section. [Acts 1955,
ch. 251, 3d, as added by Acts 1963, ch. 342, 2, p. 852.]



CHAPTER 15
CONSERVANCY DISTRICTS


Water conservation districts
authorized.
Definitions.
Purpose for establishing dis-
tricts.
Use of powers granted.
Purpose added to existing dis-
trict-Procedure.
Area established as district-
City or town included-Con-
dition.
Area added to district Pro-
cedure.
Petition to establish district.
Required signatures on peti-
tion.
Contents of petition.
Petition conditioned on prom-
ise of federal funds Dis-
missal.
Petition circulated in counter-
parts.
Petition filed by city.
Payment of costs on dismissal.
Bond for costs.
Jurisdiction of court.
Proceedings transferred to an-
other county.
Docketing of case Date for
hearing.
Notice of hearing.
Notice of hearing on petition.
Contents of notice.


SECTION.
27-1522. Remonstrance against petition
-Dismissal.
27-1523. Hearing on petition-Effect of
withdrawal of signatures.
27-1524. Order referring petition to
commission.
27-1525. Hearing by commission.
27-1526. Notice of hearing by commis-
sion.
27-1527. Expenses of hearings, investi-
gations and surveys paid
from general funds of com-
mission.
27-1528. Assistance by state agencies.
27-1529. Commission shall request tech-
nical assistance from state
agency.
27-1530. Time in which commission
shall make report to court-
Extension.
27-1531. Fact-finding report of com-
mission as prima facie evi-
dence of facts.
27-1532. Amendments to petition per-
mitted to conform to con:-
mission's findings-Addition
or withdrawal of signatures.
27-1533. Hearing date set on comins-
sion's report.
27-1534. Hearing and order of court
27-1535. Appeal from court order.
27-1536. Final order not directly Or
collaterally attacked.


SECTION.
27-1501.
27-1502.
27-1503.
27-1504.
27-1505.
27-1506.

27-1507.

27-1508.
27-1509.
27-1510.
27-1511.

27-1512.
27-1513.
27-1514.
27-1515.
27-1516.
27-1517.
27-1518.
27-1519.
27-1520.
27-1521.


27-1409




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