Sec. 29. (a) All works of any nature for flood control in Indiana that are established and constructed shall be coordinated in design, construction, and operation according to sound and accepted engineering practice so as to effect the best flood control obtainable throughout Indiana. A:

(1) person may not construct or install any works of any nature for flood control; and

(2) court may not enter the final order or judgment establishing or ordering works constructed;

unless the proposed works and the plans and specifications are approved by the commission.

     (b) The interested parties must file a verified written application with the commission. The commission shall consider all the pertinent facts relating to the proposed works that will affect flood control in Indiana and shall determine whether the proposed works in the plans and specifications will:

(1) be in aid of and acceptable as part of; or

(2) adversely affect and interfere with;

flood control in Indiana.

     (c) The commission shall enter an order approving or disapproving the application, plans, and specifications. If the commission disapproves the application, the order must set forth the objectionable features so that the proposed works and plans and specifications may be corrected or adjusted to obtain the approval of the commission.

[Pre-1995 Recodification Citation: 13-2-22-15.]

As added by P.L.1-1995, SEC.21.