Id. Indiana Department of Natural Resources, WATER RESOURCE AVAILABILITY IN THE LAKE MICHIGAN REGION, INDIANA, 45 (1994). Indiana Department of Natural Resources, WATER RESOURCE AVAILABILITY IN THE LAKE MICHIGAN REGION, INDIANA, 47 (1994). Memorandum from Stephen Davis, Department of Natural Resources, Lake Michigan Specialist (August 5, 1996). Please also note that in February 1999 Davis supplemented his 1996 memorandum with extenstive informal comments that have been incorporated throughout this chapter. Indiana Department of Civil Defense, Public Assistance Section, Study of Lake Michigan High Water/Wave Erosion Problem (January 1988). Wood, Hoover, Stockberger, Zhang, COASTAL SITUATION REPORT FOR THE STATE OF INDIANA, 29 (June 1988). U.S. Army Corps of Engineers, North Central Division, Lake Superior and Ontario Regulation, MONTHLY BULLETIN OF LAKE LEVELS FOR THE GREAT LAKES, 2 (December 1994). A significant storm raked Indiana's Lake Michigan shoreline in March 1998. See Early March Storms Hit Lake Michigan Shoreline from the Summer 1998 issue of SHORELINES Indiana Department of Natural Resources, WATER RESOURCE AVAILABILITY IN THE LAKE MICHIGAN REGION, INDIANA, 48 (1994). Id. at 50. Id. at 48. Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUPS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, 692 (1994). Correspondence from Stephen Davis, Lake Michigan Specialist for the Indiana Department of Natural Resources (August 5, 1996). Indiana Department of Natural Resources, WATER RESOURCE AVAILABILITY IN THE LAKE MICHIGAN REGION, INDIANA, 51 (1994). Wood and Davis, INDIANA DUNES NATIONAL LAKESHORE SHORELINE SITUATION, 47 (1986). Indiana Department of Natural Resources, WATER RESOURCE AVAILABILITY IN THE LAKE MICHIGAN REGION, INDIANA, 53 (1994). Wood and Davis, 51. Indiana Department of Natural Resources, SHORELINE EROSION ALONG THE INDIANA COAST OF LAKE MICHIGAN, TECHNICAL REPORT NO. 307, 17 (April 30, 1979). Davis, Wood, Weishar, SHORELINE SITUATION REPORT, LAPORTE INDIANA (1981). Wood and Davis, INDIANA DUNES NATIONAL LAKESHORE SHORELINE SITUATION REPORT (1986). The reaches were identified in a report completed by the U.S. Army Corps of Engineers in 1982. Reaches 1-5 were identified by the Corps in INDIANA SHORELINE EROSION, FINAL FEASIBILITY REPORT AND ENVIRONMENTAL IMPACT STATEMENT. Reach 6 (CZM) was not analyzed by the Corps, because it was updrift of a major sediment trap, but it was added as "Reach A" in the 1981 report by Purdue University. Wood and Davis, 16 Wood and Davis, 138. Correspondence from Stephen Davis, Lake Michigan Specialist for the Indiana Department of Natural Resources (September 1996). Wood and Davis, 17. Wood and Davis, 137. Wood and Davis, 54. Correspondence from Stephen Davis, Lake Michigan Specialist for the Indiana Department of Natural Resources (September 1996). Wood and Davis, 17. Wood and Davis, 55. U.S. Army Corps of Engineers, BURNS WATERWAY SMALL BOAT HARBOR, MONITORING PROGRAM, PORTER COUNTY, INDIANA, 1ST ANNUAL REPORT, 11 (May 1988). Personal communication with Steve Davis, Indiana Department of Natural Resources, March 5, 1998. Correspondence from Stephen Davis, Lake Michigan Specialist for the Indiana Department of Natural Resources (September 1996). The right to maintain piers, docks, and wharves is also reflected in Indiana by statute at IC 14-29-1-4. See, for example, 1 Beck, Riparianism, WATERS AND WATER RIGHTS §6.01(a) (1991). Laughlin v. Lamasco City, 6 Ind. 223 (1855). Bath v. Courts, Ind. App., 459 N.E.2d 72 (1984). For a more thorough discussion of land ownership changes occasioned by the movement of rivers and lakes, see Lear, Accretion, Reliction, Erosion, and Avulsion: A Survey of Riparian and Littoral Title Problems, 11 J. ENERGY, NAT. RESOURCES & ENVTL. L. 265 (1991.) 1 Beck, Riparianism, WATERS AND WATER RIGHTS §6.03(b)(2) (1991), citing in Indiana to Bath v. Courts. 101 Ranch v. United States, 905 F.2d 180 (8th Cir. 1990). Bonelli Cattle Co. v. Arizona, 414 U.S. 313 (1973). Waters: Rights in Respect of Changes by Accretion and Reliction Due to Artificial Conditions, 134 A.L.R. 467 (1941). Arkansas v. Tennessee, 246 U.S. 158 (1918). For a discussion of navigable waterways and how an "ordinary high watermark" is determined, see Lake Michigan and Navigable Tributaries. 78 AM. JUR. 2d §426 (1975). Burk v. Simonson, 104 Ind. 175, 2 N.E. 309, 54 Am. Rep. 304 (1855). Rivers and Harbors Appropriations Act of 1899 (31 USC 401, et seq.). See particularly 33 USC 403. Zabel v. Tabb, 430 F.2d 199 (5th Cir. 1970). Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, 202 (1996). Stephen Davis is DNR's Lake Michigan Specialist, and his office is located at 100 West Water Street, Michigan City. Indiana Department of Natural Resources, WATER RESOURCE AVAILABILITY IN THE LAKE MICHIGAN REGION, INDIANA, 54 (1994). Indiana Department of Natural Resources, WATER RESOURCE AVAILABILITY IN THE LAKE MICHIGAN REGION, INDIANA, 55 (1994). IC 14-25-12. IC 14-29-3-2. 312 IAC 6-5-8(b) provides an extraction is exempt from the royalty if the "mineral is authorized by the department for placement, and is lawfully placed" in Lake Michigan for beach nourishment. 312 IAC 6-6. U.S. Army Corps of Engineers, Fact Sheet, Michigan City Harbor Maintenance Dredging (June 26, 1996). U.S. Army Corps of Engineers, Fact Sheet, Beach Nourishment at Indiana Dunes National Lakeshore (June 26, 1996). The "Ogden Dunes Seawall Permit" is also discussed in Governmental Coordination and Streamlining. Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUPS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, 586 (1995). Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUPS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, 659 (1995). Ohio Department of Natural Resources, 1 COASTAL MANAGEMENT PROGRAM AND DRAFT ENVIRONMENTAL IMPACT STATEMENT, 5-8 (1996) citing ORC 1506.06 and 1506.07. 15 CFR 923.25 (c)(1). |