Indiana Code 14-33-24-9. Reservoir conservancy district recreation fees
(1) “Fishing boat” means a boat that has one (1) or more motors that have a total of not more than thirty (30) horsepower.
Terms Used In Indiana Code 14-33-24-9
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- primary water recreation facility: means the part or parts of the reservoir located within the boundaries of a reservoir conservancy district that are suitable for recreational use by watercraft. See Indiana Code 14-33-24-2
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- 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
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(3) “Nonresident” means a person who does not own or lease real property within the boundaries of the reservoir conservancy district.
(4) “Personal watercraft” has the meaning set forth in IC 14-8-2-202.5.
(5) “Pontoon” means a watercraft that:
(A) uses hollow cylinders to create buoyancy; and
(B) has one (1) or more motors that have a total of not more than one hundred (100) horsepower.
(6) “Power boat” means a boat has one (1) or more motors that exceed a total of thirty (30) horsepower.
(7) “Resident” means a person who owns or leases real property within the boundaries of the reservoir conservancy district.
(b) A reservoir conservancy district may impose and collect recreation fees for the recreational use of watercraft on the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district.
(c) The recreation fees imposed under this section must include:
(1) a fee charged to every resident who uses a watercraft on the primary water recreation facility for recreational purposes; and
(2) a fee charged to every nonresident who uses a watercraft on the primary water recreation facility for recreational purposes.
(d) The following apply to fees imposed under subsection (c):
(1) The fee allowing a nonresident to use a watercraft for an entire year may not be more than fifty percent (50%) greater than the fee allowing a resident to use a watercraft for an entire year.
(2) The fee allowing a resident to use a watercraft for a single day may not exceed seventeen percent (17%) of the fee allowing a resident to use a watercraft for an entire year.
(3) The fee allowing a nonresident to use a watercraft for a single day may not exceed seventeen percent (17%) of the fee allowing a nonresident to use a watercraft for an entire year.
(e) Subject to subsection (d), a reservoir conservancy district may establish different recreation fees for the following different types of watercrafts:
(1) Power boats.
(2) Pontoon boats.
(3) Fishing boats.
(4) Personal watercraft.
(5) Nonmotorized watercraft.
(f) A reservoir conservancy district that imposes recreation fees under this section:
(1) is authorized to take reasonable actions to administer and enforce the requirement that a recreation fee be paid for the recreational use of watercraft on the primary water recreation facility of the reservoir conservancy district, including:
(A) issuing and requiring the display of an emblem or other device on a watercraft to signify that the fee has been paid; and
(B) monitoring the use of watercraft on the primary water recreation facility of the reservoir conservancy district to ensure compliance with the recreation fee requirement; and
(2) shall use the revenue derived from the recreation fees collected under this section for:
(A) the preservation and maintenance of the primary water recreation facility; and
(B) the administration of the reservoir conservancy district.
As added by P.L.148-2020, SEC.16.