Sec. 7. (a) After the court issues an order establishing a reservoir conservancy district under IC 14-33-2-26 and the initial board of directors of the reservoir conservancy district is appointed under IC 14-33-5-1, the board of directors and the utility owner of the reservoir located within the boundaries of the reservoir conservancy district shall enter into an operating agreement.

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Terms Used In Indiana Code 14-33-24-7

  • reservoir: means a body of water created by the construction of a dam, embankment, or other structure. See Indiana Code 14-33-24-3
  • reservoir conservancy district: refers to a conservancy district established under this chapter. See Indiana Code 14-33-24-4
  • utility owner: refers to a utility that:

    Indiana Code 14-33-24-5

     (b) The operating agreement entered into under this section shall include an operating plan that describes all:

(1) works of improvement; and

(2) modifications and maintenance of improvements;

relating to access to and use of the reservoir located within the boundaries of the reservoir conservancy district that are proposed to be performed by the reservoir conservancy district. Any proposed work by the reservoir conservancy district pursuant to the operating plan or the district plan that involves the reservoir must be approved by the utility owner of the reservoir located within the boundaries of the reservoir conservancy district before the work begins. The process and procedures for the approval of the reservoir conservancy district’s proposed work by the utility owner shall be established pursuant to the operating agreement.

     (c) An operating agreement shall be entered into under this section before the district plan of the reservoir conservancy district is submitted to or approved by the natural resources commission and the court under IC 14-33-6.

As added by P.L.148-2020, SEC.16.