Sec. 8. (a) Except as provided in subsections (b) through (e) or another provision of this chapter, a reservoir conservancy district has all of the powers granted to other conservancy districts by this article.

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Terms Used In Indiana Code 14-33-24-8

  • commercial licensee: means a business entity granted a license by the utility owner to install and construct marinas, boat docks, and beaches adjacent to the shore line of the reservoir located within the boundaries of a reservoir conservancy district. See Indiana Code 14-33-24-1
  • 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 district plan of a reservoir conservancy district shall be provided to the utility owner of the reservoir located within the boundaries of the reservoir conservancy district and to any commercial licensee at least thirty (30) days before it is presented to the natural resources commission under IC 14-33-6-3.

     (c) A reservoir conservancy district does not have the power of eminent domain.

     (d) The utility owner of the reservoir located within the boundaries of the reservoir conservancy district is exempt from all assessments, taxes, and fees imposed under this article by the reservoir conservancy district.

     (e) Subject to IC 14-15, a reservoir conservancy district has authority to establish, through the action of the board of directors, and enforce reasonable rules concerning safety, welfare, and the maintenance of resources within the boundaries of the reservoir conservancy district. However, the rules established under this subsection shall not:

(1) interfere with or supersede state law or state administrative rules;

(2) interfere with the use of the reservoir for water supply purposes by the utility owner of the reservoir located within the boundaries of the reservoir conservancy district;

(3) substantially or directly impair the terms and conditions of the commercial license of any commercial licensee of the utility owner; or

(4) establish other requirements or restrictions to:

(A) discourage public use of the reservoir; or

(B) discourage or prevent uses of the reservoir for activities that:

(i) are regulated under IC 14-22; and

(ii) could legally take place in the reservoir or the area surrounding the reservoir except for the reservoir conservancy district’s requirements or restrictions.

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