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IC 14-25-1-2
Waters declared natural resource
Sec. 2. (a) Water in a natural stream, natural lake, or another
natural body of water in Indiana that may be applied to a useful and
beneficial purpose is declared to be:
(1) a natural resource and public water of Indiana; and
(2) subject to control and regulation for the public welfare as
determined by the general assembly.
(b) Diffused surface water flowing vagrantly over the surface of
the ground is not considered to be public water. The owner of the
land on which the water falls, pools, or flows has the right to use the
water.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-3
Riparian rights to water for domestic purposes
Sec. 3. (a) The owner of land contiguous to or encompassing a
public watercourse may use water from the public watercourse in the
quantity necessary to satisfy the owner's needs for domestic
purposes, including the following:
(1) Water for household purposes.
(2) Drinking water for livestock, poultry, and domestic animals.
(b) The use of water for domestic purposes has priority and is
superior to all other uses.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-4
Impoundment of excess waters
Sec. 4. (a) This section applies to land contiguous to or
encompassing a public watercourse.
(b) The:
(1) owner or group of owners of the land; or
IC 14-25-1-5
Use of increased flowage of waters due to release from
impoundment
Sec. 5. (a) A public utility, a person, a firm, a limited liability
company, a corporation, a unit of government, or an association for
irrigation or other purposes that creates additional stream volumes by
releases from impoundments built and financed by the entity for the
entity's purpose may use the increased flowage at all times. The
amount of increased flowage shall be determined by well recognized
engineering computations.
(b) Riparian owners do not have rights in increased flowage
beyond normal stream flow.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-6
Standards of measurement
Sec. 6. (a) The standard units for the measurement of the flow of
water are a cubic foot per second and a gallon per minute.
(b) The standard units for the measurement of stored water are an
acre-foot and a gallon.
(c) The standards and methods for the measurement of the volume
of water flow that are either used or approved by the United States
Geological Survey in cooperation with the various departments of the
state and federal governments shall be accepted as prima facie
reliable.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-7
Diversion of floodwaters
Sec. 7. (a) Upon approval of the commission and subject to
subsection (b), any person, whether or not the owner of land
contiguous to or encompassing a watercourse, may divert the flood
water of a watercourse for any useful purpose, including the purpose
of storage.
IC 14-25-1-8
Mediation of disputes
Sec. 8. Whenever a dispute arises between the users of surface
water in a watershed area, any party to the dispute may request that
the commission mediate the dispute using the mediation provisions
under IC 4-21.5-3.5.
As added by P.L.1-1995, SEC.18. Amended by P.L.151-2012,
SEC.30.
IC 14-25-1-9
Reports to commission regarding volume of water used
Sec. 9. A person who uses ground water or surface water shall,
when requested by the commission, report to the commission the
volume of water used by the person in a specific period. The
commission may, in the commission's rules, prescribe the method of
making the reports.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-10
Public policy regarding regulation of public waters
Sec. 10. The policy that surface waters of Indiana are declared to
be public waters and subject to regulation by the general assembly is
the accepted policy of the state. Users of surface waters who:
(1) institute withdrawal of water for artificial uses from a
natural stream, natural lake, or other natural body of water; or
(2) increase artificial uses;
are subject to regulation of the uses or increased uses that are enacted
into law by the general assembly.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-11
Findings; requirements for diversion of water outside the basin;
rules
Sec. 11. (a) The general assembly finds that a diversion of water
out of the basin, unless conducted under the Great Lakes_St.
Lawrence River Basin Water Resources Compact, will impair or
destroy the Great Lakes. The general assembly further finds that the
regulation of a diversion of water from the basin is consistent with
the mandate of the Preamble to and Article 14, Section 1 of the
Constitution of the State of Indiana, the United States Constitution,
and the federal legislation according to which Indiana was granted
statehood.
(b) Water may not be diverted outside the basin from that part of
the basin within Indiana unless the diversion is:
(1) approved by the governor of each Great Lakes state under
42 U.S.C. 1962d-20 (Water Resources Development Act); or
(2) conducted:
(A) after the effective date of; and
(B) in accordance with the requirements of;
the Great Lakes_St. Lawrence River Basin Water Resources
Compact.
(c) The commission shall adopt rules necessary to implement this
section.
As added by P.L.1-1995, SEC.18. Amended by P.L.71-2004, SEC.2;
P.L.4-2008, SEC.3.