Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 14-30-4
     Chapter 4. Upper Wabash River Basin Commission

IC 14-30-4-1
"Basin" defined
    
Sec. 1. As used in this chapter, "basin" refers to the upper Wabash River basin.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-2
"Commission" defined
    
Sec. 2. As used in this chapter, "commission" refers to the Upper Wabash River basin commission established by this chapter.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-3
"Participating county" defined
    
Sec. 3. As used in this chapter, "participating county" refers to a county that joins the commission under section 7 of this chapter.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-4
"Plan" defined
    
Sec. 4. As used in this chapter, "plan" refers to a plan described in section 13(1) of this chapter.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-5
"Upper Wabash River basin" defined
    
Sec. 5. As used in this chapter, "upper Wabash River basin" means the area located in Adams County, Huntington County, Jay County, or Wells County that is drained by the Wabash River, including the tributaries of the Wabash River.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-6
Establishment
    
Sec. 6. The upper Wabash River basin commission is established as a separate municipal corporation.
As added by P.L.35-2001, SEC.7. Amended by P.L.2-2005, SEC.56.

IC 14-30-4-7
Designation as participating county
    
Sec. 7. Subject to section 6(b) of this chapter, the executive of a county that includes territory in the upper Wabash River basin may do the following:
        (1) Elect to participate in the commission by designating the county as a participating county.
        (2) Revoke the designation.
As added by P.L.35-2001, SEC.7.



IC 14-30-4-8
Voting members
    
Sec. 8. The following serve as voting members of the commission:
        (1) The three (3) county commissioners from each participating county.
        (2) The chairman of a soil and water conservation district for each participating county that:
            (A) is subject to IC 14-32;
            (B) includes territory in a participating county; and
            (C) includes territory in the basin.
        (3) The county surveyor of each participating county.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-9
Designation of member; revocation
    
Sec. 9. (a) A member of the commission may:
        (1) designate another individual to perform the duties of the member on the commission; and
        (2) revoke the designation.
    (b) Any designation or a revocation of a designation under this section must be filed with the commission to be effective.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-10
Officers
    
Sec. 10. (a) The commission shall annually elect from among the voting members the following officers:
        (1) A chairperson.
        (2) A vice chairperson.
        (3) A secretary.
        (4) A treasurer.
    (b) The officers elected under subsection (a) shall be elected and shall perform the duties specified in the commission's bylaws.
    (c) The commission may establish other offices and determine the means of filling the offices.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-11
Reimbursements; per diems
    
Sec. 11. (a) Each member of the commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. Money paid under this section may be paid only from the money available to the commission.
    (b) A county may pay members of the commission the salary per diem provided by IC 4-10-11-2.1(b) for the performance of the member's duties on the commission.
As added by P.L.35-2001, SEC.7.



IC 14-30-4-12
Powers
    
Sec. 12. (a) The commission may do the following:
        (1) Sue and be sued.
        (2) Manage the commission's internal affairs.
        (3) Employ staff.
        (4) Enter into contracts to implement a cooperative agreement described in section 13 of this chapter.
        (5) Exercise the powers of a political subdivision specified in a cooperative agreement described in section 13 of this chapter.
    (b) This section does not exempt the commission from any statute.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-13
Cooperative agreements
    
Sec. 13. A political subdivision in a participating county may under IC 36-1-7 enter into a cooperative agreement with the commission and at least one (1) other legal entity to authorize the commission to:
        (1) develop a plan to control flooding and improve drainage in that part of the basin that is described in the cooperative agreement;
        (2) organize and coordinate the installation of trails along the upper Wabash River basin through partnerships with other organizations; or
        (3) develop and promote good soil and water conservation practices and procedures, including erosion control and bank stabilization.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-14
Flood control plans
    
Sec. 14. In developing the plan, the commission shall determine the best method and manner of establishing flood control, giving consideration to the following:
        (1) The reservoir method.
        (2) The channel improvement method.
        (3) The levee method.
        (4) Flood plain regulation.
        (5) All nonstructural methods.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-15
Plans; public hearings; approval
    
Sec. 15. (a) The commission shall give the public an opportunity to participate in the development of the plan by holding public hearings at which public testimony is heard and by accepting written recommendations from the public.
    (b) Before the plan is implemented by a political subdivision, the plan must be approved by the department of natural resources in

accordance with IC 14-25 through IC 14-29.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-16
Annual budget
    
Sec. 16. (a) The commission shall prepare an annual budget for the commission's operation and other expenditures under IC 6-1.1-17. The annual budget is subject to review and modification by the county board of tax adjustment of any participating county.
    (b) The commission is not eligible for funding through the Wabash River heritage corridor commission established by IC 14-13-6-6.
As added by P.L.35-2001, SEC.7. Amended by P.L.224-2007, SEC.105; P.L.146-2008, SEC.427.

IC 14-30-4-17
Rules
    
Sec. 17. The commission may adopt rules under IC 4-22-2 to require that increased water runoff resulting from new construction be impounded on the construction site.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-18
Advisory committees
    
Sec. 18. The commission may appoint advisory committees consisting of individuals whose experience, training, or interest in the upper Wabash River basin enables the committees to assist the commission. A member of an advisory committee is not entitled to compensation for the member's services.
As added by P.L.35-2001, SEC.7.

IC 14-30-4-19
Access to lands
    
Sec. 19. (a) The commission, board of directors, employees, or authorized representatives of the commission acting under this chapter may:
        (1) enter the land lying within the one hundred (100) year flood plain of any watercourse; and
        (2) enter nonflood plain land to gain access to the flood plain land;
to investigate, examine, survey, or investigate suspected violations of the Indiana flood control laws.
    (b) The commission must give sixty (60) days written notice to:
        (1) an affected landowner;
        (2) a contract purchaser; or
        (3) for a municipality, the executive of the municipality;
before exercising the right of entry granted in this section. The notice must state the purpose of the entry and that there is a right of appeal under this section.
    (c) An affected landowner may, within the sixty (60) day notice

period under subsection (b), appeal the proposed necessity for entry to a court in the county in which the property is located. If an appeal is made, the commission may not exercise the right of entry until a final decision is made by the court.
    (d) A person acting under this section must use due care to avoid damage to crops, fences, buildings, or other structures.
As added by P.L.35-2001, SEC.7.