Conservancy District

After a circuit court has received a petition for establishment and the county auditor has verified the signatures, the petition is forwarded to DNR. The Watershed Stewardship Section will review the petition, conduct public hearings, collect public comments, and provide a fact-finding recommendation report to the NRC.

Conservancy districts are required to submit district plans to DNR Watershed Stewardship Section for review and approval when ordered by the court. District plans must be submitted for approval within 120 days after the appointment of board members. The Watershed Stewardship Section will also respond to time extension requests for developing a district plan.

If an addition of area is initiated with the circuit court, the petition will be sent to Watershed Stewardship Section for review. DNR will review the petition and determine if the proposed addition of territory is de minimis. The Watershed Stewardship Section will conduct a public hearing, collect public comment, and provide a fact-finding recommendation report to the NRC. If an addition of area is initiated with the board of directors, the addition request will be forwarded to DNR for review. The circuit court will conduct a hearing, and the Watershed Stewardship Section will provide a recommendation report.

According to IC 14-33-6-8, all units of work proposals should be submitted to the Watershed Stewardship Section for review and approval. A unit of work is a stand-alone project with drawings, specifications, and cost estimates. Approval from the Watershed Stewardship Section should be obtained before the board schedules a public hearing for that unit of work. Examples of units of work could consist of dredging, construction projects, ecological restoration projects, and extensive structure repair or rebuild. Examples of units of work do not include yearly maintenance activities like mowing, spraying, clearing, inspections, and operational activities.

The proposal to add a purpose is forwarded to the Watershed Stewardship Section. If the petition is initiated with the circuit court (IC 14-33-1-4(1)), the Watershed Stewardship Section will conduct a public hearing, collect public comments, and provide a fact-finding recommendation report to the NRC. If the petition is initiated through a board resolution, the circuit court will conduct a hearing, and the Watershed Stewardship Section will provide a recommendation report.

• Developing forests, wildlife areas, parks, and recreational facilities if feasible in connection with beneficial water management.
• The operation, maintenance, and improvement of a work of improvement for water based recreational purposes; or another work of improvement that could have been built for any other purpose authorized by the Act.

• Often a local steering group first forms to research the issues and gather input from those who would benefit or be affected.
• To form a district, a petition is created and then circulated in the area to be included in and served by the proposed district. This petition is then filed in the circuit court of the county having the most land in the proposed district.
• The percentage of signatures needed for a successful petition depends on the number of freeholders owning land in the proposed district or proportion of all freeholders in the proposed district.
• A municipality may file a petition to initiate a proposed district by ordinance adopted by the legislative body.
• A reservoir conservancy district may be formed by freeholders provided it includes part or all of a reservoir located partially or within a consolidated city, and at least 25% of the surface of the reservoir is owned by a utility governed by a board of directors for utilities.
• Once the county circuit court determines the petition bears the necessary signatures and is correct as to form and content, the court will refer the petition to DNR.
  The Watershed Stewardship Section will conduct a public hearing, collect public comments, and provide a factfinding recommendation report to the NRC. The DNR Division of Water conducts a technical review that includes whether the proposed district:
  • Appears to be necessary.
  • Holds promise of economic and engineering feasibility.
  • Offers benefits in excess of costs and damages.
  • Serves the public health immediately or prospectively.
  • Proposes to cover and serve a proper area.
  • Could be compatible with other water management or water supply projects.
• Following action by the NRC, the county court will schedule a hearing regarding the establishment of the district. The statute provides an opportunity for additional evidence to be presented at this hearing.

• Boundaries of a conservancy district are based upon the identification of properties expected to be benefited by the establishment of the district.
• Any area may be included in a district regardless of its political boundaries; however, the district needs to be contiguous with all other parts of the district and cannot overlap another district established for the same purpose.

• A circuit court determines whether to approve the establishment or dissolution of a conservancy district and has jurisdiction for oversight of an existing conservancy district.
• Budgets passed by the board of directors must also be approved by the Department of Local Government Finance.
• Conservancy districts are required to submit annual budgets and expenses and are also subject to periodic audits by the State Board of Accounts.
• Permits from various local, State and Federal agencies may be required for various work conducted by a conservancy district

• Freeholders serve on the board of directors and provide management for a district.
• After a conservancy district is established by the circuit court, an initial board of directors is appointed by the county commissioners.
• If the court issues an order establishing a reservoir conservancy district, the board of directors and the utility owner of the reservoir located within the boundaries of the reservoir conservancy district are required to enter into an operating agreement.
• The subsequent directors are then elected by the freeholders of the district.
• Boards routinely hire staff and an attorney to conduct the business of the district.

• The jurisdiction over activities of a conservancy district ultimately lies with the circuit court that established the district for specific purposes.
• The Natural Resources Commission and DNR acts as a friend to the court by providing technical review and recommendations for specified district activities, which include establishment, district plan, unit of work, addition of area, addition of purpose, and dissolution of a district.
• District leadership, decision making and the day to day operations, however, are accomplished through the conservancy district’s board directors.

• One of the first responsibilities of the initial board of directors is to develop a district plan. The district plan consists of an engineering report that sets forth the general, comprehensive plan for accomplishment of the purpose or purposes for which the district was established.
• The board of directors shall be responsible to place the district plan in operation by implementing the approved purpose(s) and by providing operation and maintenance as provided for in the district plan.

• After the board of directors prepares the district plan, it is reviewed by Watershed Stewardship Section.
• If the plan accomplishes, in an economical manner, the purpose or purposes for which the district is established, it should be forwarded to the circuit court for review and final approval.