Sec. 2.5. (a) For the purposes of this chapter, a reference to “drain”, “drainage”, or “ditch” is deemed to include a “dam”. However, sections 16(b), 17, 21, 22, 23, 24, 26, 27, 28, 54, and sections 56 through 66 of this chapter do not apply to a dam.

     (b) Any owner may petition a board to designate a dam as a regulated drain, and any board may assume jurisdiction over a dam in the same manner that an owner may petition and the board may assume jurisdiction over a mutual drain. A board does not otherwise have jurisdiction over a dam.

Terms Used In Indiana Code 36-9-27-2.5

  • Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
  • Dam: means a dam or other structure and its appurtenances that impounds a small lake at the lake's outlet. See Indiana Code 36-9-27-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mutual drain: means a drain that:

    Indiana Code 36-9-27-2

  • Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2
  • Regulated drain: means an open drain, a tiled drain, or a combination of the two. See Indiana Code 36-9-27-2
     (c) A board may reconstruct or maintain a dam over which the board has assumed jurisdiction, but an agency may not construct a new dam.

As added by P.L.166-1983, SEC.3.

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