Sec. 5. (a) As used in this section, “natural scenic beauty” means the natural condition as left by nature without manmade additions or alterations.

     (b) As used in this section, “recreational purpose” means the following:

Terms Used In Indiana Code 14-26-2-5

  • lake: means a reasonably permanent body of water that:

    Indiana Code 14-26-2-1.5

  • natural resources: means the water, fish, plant life, and minerals in a public freshwater lake. See Indiana Code 14-26-2-2
(1) Fishing.

(2) Boating.

(3) Swimming.

(4) The storage of water to maintain water levels.

(5) Any other purpose for which lakes are ordinarily used and adapted.

     (c) The:

(1) natural resources and the natural scenic beauty of Indiana are a public right; and

(2) public of Indiana has a vested right in the following:

(A) The preservation, protection, and enjoyment of all the public freshwater lakes of Indiana in their present state.

(B) The use of the public freshwater lakes for recreational purposes.

     (d) The state:

(1) has full power and control of all of the public freshwater lakes in Indiana both meandered and unmeandered; and

(2) holds and controls all public freshwater lakes in trust for the use of all of the citizens of Indiana for recreational purposes.

     (e) A person owning land bordering a public freshwater lake does not have the exclusive right to the use of the waters of the lake or any part of the lake.

[Pre-1995 Recodification Citations: 13-2-11.1-1 part; 13-2-11.1-2.]

As added by P.L.1-1995, SEC.19.