River Basin Commissions (Indiana Code: Title 14 Natural and Cultural Resources; Article 30)

IC 14-30 ARTICLE 30. RIVER BASIN COMMISSIONS Ch. 1. Repealed Ch. 2. Maumee River Basin Commission Ch. 3. St. Joseph River Basin Commission Ch. 4. Upper Wabash River Basin Commission Ch. 5. Transborder Water Resources Authority IC 14-30-1 Chapter 1. Repealed [Pre-1995 Recodification Citations: 14-30-1-1 New 14-30-1-2 New 14-30-1-3 formerly 36-7-6-2 14-30-1-4 formerly 36-7-6-3 14-30-1-5 formerly 36-7-6-4 14-30-1-6 formerly 36-7-6-5 part 14-30-1-7 formerly 36-7-6-5 part 14-30-1-8 formerly 36-7-6-6 14-30-1-9 formerly 36-7-6-7 14-30-1-10 formerly 36-7-6-8 14-30-1-11 formerly 36-7-6-9 14-30-1-12 formerly 36-7-6-10 14-30-1-13 formerly 36-7-6-11 14-30-1-14 formerly 36-7-6-12 14-30-1-15 formerly 36-7-6-13 14-30-1-16 formerly 36-7-6-14 14-30-1-17 formerly 36-7-6-15 14-30-1-18 formerly 36-7-6-16 14-30-1-19 formerly 36-7-6-17 14-30-1-20 formerly 36-7-6-18 14-30-1-21 formerly 36-7-6-19 14-30-1-22 formerly 36-7-6-21 14-30-1-23 formerly 36-7-6-22.] Repealed by P.L.282-2019, SEC.11. Indiana Code 2019 IC 14-30-2 Chapter 2. Maumee River Basin Commission 14-30-2-1 "Basin" defined 14-30-2-2 "Commission" defined 14-30-2-3 "Maumee River basin" defined 14-30-2-4 "Participating county" defined 14-30-2-5 "Plan" defined 14-30-2-6 Separate municipal corporation 14-30-2-7 Participating county; designation 14-30-2-8 Voting members 14-30-2-9 Repealed 14-30-2-10 Member designation and revocation 14-30-2-11 Officers 14-30-2-12 Travel expenses and salary per diem 14-30-2-13 Powers of commission 14-30-2-14 Cooperative agreement between political subdivision and other legal entity 14-30-2-15 Flood control 14-30-2-16 Public participation 14-30-2-17 State approval 14-30-2-18 Appropriations to carry out commission's responsibilities under cooperative agreement 14-30-2-19 Annual budget 14-30-2-20 Rules 14-30-2-21 Advisory committees 14-30-2-22 Powers pertaining to property 14-30-2-23 Right of entry 14-30-2-24 Exemptions IC 14-30-2-1 "Basin" defined Sec. 1. As used in this chapter, "basin" refers to the Maumee River basin. [1995 Recodification Citation: New.] As added by P.L.1-1995, SEC.23. IC 14-30-2-2 "Commission" defined Sec. 2. As used in this chapter, "commission" refers to the Maumee River basin commission established by this chapter. [Pre-1995 Recodification Citation: 36-7-6.1-1.] As added by P.L.1-1995, SEC.23. IC 14-30-2-3 "Maumee River basin" defined Sec. 3. As used in this chapter, "Maumee River basin" means the area in Indiana drained by the Maumee River and the tributaries of the Maumee River. [Pre-1995 Recodification Citation: 36-7-6.1-2.] As added by P.L.1-1995, SEC.23. IC 14-30-2-4 "Participating county" defined Sec. 4. As used in this chapter, "participating county" refers to a county that joins the commission under section 7 of this chapter. [Pre-1995 Recodification Citation: 36-7-6.1-3.] As added by P.L.1-1995, SEC.23. IC 14-30-2-5 "Plan" defined Sec. 5. As used in this chapter, "plan" refers to a plan described in section 14(1) of this chapter. [Pre-1995 Recodification Citation: 36-7-6.1-4.] As added by P.L.1-1995, SEC.23. Indiana Code 2019 IC 14-30-2-6 Separate municipal corporation Sec. 6. The Maumee River basin commission is established as a separate municipal corporation. [Pre-1995 Recodification Citation: 36-7-6.1-5.] As added by P.L.1-1995, SEC.23. IC 14-30-2-7 Participating county; designation Sec. 7. The executive of a county that includes territory in the Maumee River basin may do the following: (1) Elect to participate in the commission by designating the county as a participating county. (2) Revoke the designation. [Pre-1995 Recodification Citation: 36-7-6.1-6.] As added by P.L.1-1995, SEC.23. IC 14-30-2-8 Voting members Sec. 8. The following shall serve as voting members of the commission: (1) Each member of the county executive for a participating county. (2) The executive director or, if a county does not have an executive director, the chairman of a soil and water conservation district that: (A) is subject to IC 14-32; (B) includes territory in a participating county; and (C) includes territory in the basin. (3) The county surveyor of each participating county. [Pre-1995 Recodification Citation: 36-7-6.1-7.] As added by P.L.1-1995, SEC.23. Amended by P.L.142-1997, SEC.1. IC 14-30-2-9 Repealed [Pre-1995 Recodification Citation: 36-7-6.1-8.] As added by P.L.1-1995, SEC.23. Repealed by P.L.142-1997, SEC.3. IC 14-30-2-10 Member designation and revocation Sec. 10. (a) A member of the commission may: (1) designate another individual to perform the duties of the member on the commission; and (2) revoke the designation. (b) A designation or a revocation of a designation under this section must be filed with the commission to be effective. [Pre-1995 Recodification Citation: 36-7-6.1-9.] As added by P.L.1-1995, SEC.23. IC 14-30-2-11 Officers Sec. 11. (a) The commission shall annually elect from among the voting members the following officers: (1) A chairperson. (2) A vice chairperson. (3) A secretary. (4) A treasurer. (b) The officers elected under subsection (a) shall be elected and shall perform the duties specified in the commission's bylaws. (c) The commission may establish other offices and determine the means of filling the offices. [Pre-1995 Recodification Citation: 36-7-6.1-10.] Indiana Code 2019 As added by P.L.1-1995, SEC.23. IC 14-30-2-12 Travel expenses and salary per diem Sec. 12. (a) Each member of the commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. Money paid under this section may be paid only from the money available to the commission. (b) A county may pay members of the commission the salary per diem provided by IC 4-10-11-2.1(b) for the performance of the member's duties on the commission. [Pre-1995 Recodification Citation: 36-7-6.1-11.] As added by P.L.1-1995, SEC.23. Amended by P.L.142-1997, SEC.2. IC 14-30-2-13 Powers of commission Sec. 13. (a) The commission may do the following: (1) Sue and be sued. (2) Manage the commission's internal affairs. (3) Employ staff. (4) Enter into contracts to implement a cooperative agreement described in section 14 of this chapter. (5) Exercise the powers of a political subdivision specified in a cooperative agreement described in section 14 of this chapter. (b) This section does not exempt the commission from any statute. [Pre-1995 Recodification Citation: 36-7-6.1-12.] As added by P.L.1-1995, SEC.23. IC 14-30-2-14 Cooperative agreement between political subdivision and other legal entity Sec. 14. A political subdivision in a participating county may under IC 36-1-7 enter into a cooperative agreement with the commission and at least one (1) other legal entity to authorize the commission to: (1) develop a plan to control flooding in that part of the basin that is described in the cooperative agreement; (2) exercise any of the other powers of the political subdivision to regulate water courses in the basin; or (3) develop and promote good soil and water conservation practices and procedures. [Pre-1995 Recodification Citation: 36-7-6.1-13.] As added by P.L.1-1995, SEC.23. IC 14-30-2-15 Flood control Sec. 15. In developing the plan, the commission shall determine the best method and manner of establishing flood control, giving consideration to the following: (1) The reservoir method. (2) The channel improvement method. (3) The levee method. (4) Flood plain regulation. (5) All nonstructural methods. [Pre-1995 Recodification Citation: 36-7-6.1-14.] As added by P.L.1-1995, SEC.23. IC 14-30-2-16 Public participation Sec. 16. The commission shall give the public an opportunity to participate in the development of the plan. Indiana Code 2019 [Pre-1995 Recodification Citation: 36-7-6.1-15.] As added by P.L.1-1995, SEC.23. IC 14-30-2-17 State approval Sec. 17. Before the plan is implemented by a political subdivision, the plan must be approved by the state in accordance with IC 14-25 through IC 14-29. [Pre-1995 Recodification Citation: 36-7-6.1-16.] As added by P.L.1-1995, SEC.23. IC 14-30-2-18 Appropriations to carry out commission's responsibilities under cooperative agreement Sec. 18. A political subdivision in a participating county may appropriate money to the commission to carry out any of the commission's responsibilities under a cooperative agreement described in section 14 of this chapter. Money appropriated to the commission that remains at the end of a year does not revert to the political subdivision appropriating the money. [Pre-1995 Recodification Citation: 36-7-6.1-17.] As added by P.L.1-1995, SEC.23. IC 14-30-2-19 Annual budget Sec. 19. The commission shall prepare an annual budget for the commission's operation and other expenditures under IC 6-1.1-17. [Pre-1995 Recodification Citation: 36-7-6.1-18.] As added by P.L.1-1995, SEC.23. Amended by P.L.224-2007, SEC.104; P.L.146-2008, SEC.426; P.L.257-2019, SEC.85. IC 14-30-2-20 Rules Sec. 20. The commission may adopt rules to do the following: (1) Require that increased water runoff resulting from new construction be impounded on the construction site. (2) Permit the waiver of requirements of onsite water impoundment on payment of a reasonable fee by the developer of the new construction. [Pre-1995 Recodification Citation: 36-7-6.1-19.] As added by P.L.1-1995, SEC.23. IC 14-30-2-21 Advisory committees Sec. 21. The commission may appoint advisory committees consisting of individuals whose experience, training, or interest in the program enables the committees to assist the commission. A member of an advisory committee is not entitled to compensation for the member's services. [Pre-1995 Recodification Citation: 36-7-6.1-20.] As added by P.L.1-1995, SEC.23. IC 14-30-2-22 Powers pertaining to property Sec. 22. (a) For the purposes of this chapter, the commission may do the following: (1) Acquire by grant, gift, purchase, or devise and dispose of conservation easements under IC 32-23-5 in land within the one hundred (100) year flood plains and the wetlands in the basin. (2) Acquire by grant, gift, purchase, or devise improvements within the one hundred (100) year flood plains of the basin for the purpose of removal of those improvements. (3) Adopt rules under IC 4-22-2 that restrict construction within the one hundred (100) year flood plains of the basin. (4) Acquire, dispose, hold, use, improve, maintain, operate, own, manage, or lease real Indiana Code 2019 or personal property by grant, gift, purchase, or devise. (b) The commission may exercise the powers granted by this section as follows: (1) For purposes of IC 32-23-5. (2) To contribute to the following: (A) Flood control. (B) Flood damage reduction. (C) Improvements in water quality. (D) Soil conservation. [Pre-1995 Recodification Citation: 36-7-6.1-21.] As added by P.L.1-1995, SEC.23. Amended by P.L.2-2002, SEC.63. IC 14-30-2-23 Right of entry Sec. 23. (a) The commission, board of directors, employees, or authorized representatives of the commission acting under this chapter may: (1) enter the land lying within the one hundred (100) year flood plain of any watercourse; and (2) enter nonflood plain land to gain access to the flood plain land; to investigate, examine, survey, or investigate suspected violations of the Indiana flood control laws. (b) The commission must give twenty-one (21) days written notice to: (1) an affected landowner; (2) a contract purchaser; or (3) for a municipality, the executive of the municipality; before exercising the right of entry granted in this section. The notice must state the purpose of the entry and that there is a right of appeal under this section. (c) An affected landowner may, within the twenty-one (21) day notice period under subsection (b), appeal to the commission the proposed necessity for entry. If an appeal is made, the commission shall hold a hearing on the necessity for right of entry before the right of entry is exercised. (d) A person acting under this section must use due care to avoid damage to crops, fences, buildings, or other structures. (e) The commission, board of directors, employees, or authorized representative of the commission acting under this chapter does not commit criminal trespass under IC 35-43-2-2. [Pre-1995 Recodification Citation: 36-7-6.1-22.] As added by P.L.1-1995, SEC.23. IC 14-30-2-24 Exemptions Sec. 24. (a) This section does not apply to the following: (1) The adoption of rules restricting construction within the one hundred (100) year flood plain. (2) The acquisition of conservation easements under IC 32-23-5. (3) The investigation of alleged violations of the Indiana flood control laws. (b) A power of the commission may not be exercised upon any of the following: (1) A river included in the natural, scenic, or recreational river system under IC 14-29-6 or the river's associated one hundred (100) year flood plain. (2) A nature preserve under IC 14-31-1. [Pre-1995 Recodification Citation: 36-7-6.1-23.] As added by P.L.1-1995, SEC.23. Amended by P.L.2-2002, SEC.64. Indiana Code 2019 IC 14-30-3 Chapter 3. St. Joseph River Basin Commission 14-30-3-1 "Basin" 14-30-3-2 "Commission" 14-30-3-3 "Participating county" 14-30-3-3.5 "Plan" 14-30-3-4 "St. Joseph River basin" 14-30-3-5 Separate municipal corporation 14-30-3-6 Participating county; designation 14-30-3-7 Boundary certification 14-30-3-8 Members 14-30-3-9 Term of office 14-30-3-10 Travel expenses 14-30-3-11 Officers 14-30-3-12 Executive board 14-30-3-13 Advisory committee 14-30-3-14 Duties 14-30-3-15 Repealed 14-30-3-15.5 Electronic meetings 14-30-3-16 Record 14-30-3-17 Capacity to sue or be sued 14-30-3-18 Annual report 14-30-3-19 Powers 14-30-3-20 Government officials attending meetings and advising 14-30-3-21 Interstate compact with Michigan 14-30-3-22 Grants and appropriations 14-30-3-23 Budget 14-30-3-24 Appropriations to carry out commission's responsibilities 14-30-3-25 Expenditures; deposits 14-30-3-26 Political subdivision cooperative agreement with commission 14-30-3-27 Determination of best method and manner 14-30-3-28 Public meeting concerning plan to improve water quality or mitigate flooding 14-30-3-29 State approval of plan 14-30-3-30 Commission rules 14-30-3-31 Commission acquisition powers; restriction of construction in flood plains 14-30-3-32 Power to enter land; notice; right to appeal IC 14-30-3-1 "Basin" Sec. 1. As used in this chapter, "basin" refers to the St. Joseph River basin. [Pre-1995 Recodification Citation: 36-7-6.2-1(b) part.] As added by P.L.1-1995, SEC.23. IC 14-30-3-2 "Commission" Sec. 2. As used in this chapter, "commission" refers to the St. Joseph River basin commission established by this chapter. [Pre-1995 Recodification Citation: 36-7-6.2-1(a) part.] As added by P.L.1-1995, SEC.23. IC 14-30-3-3 "Participating county" Sec. 3. As used in this chapter, "participating county" refers to a county that joins the commission under section 6 of this chapter. [Pre-1995 Recodification Citation: 36-7-6.2-1(f).] As added by P.L.1-1995, SEC.23. IC 14-30-3-3.5 "Plan" Sec. 3.5. As used in this chapter, "plan" refers to a plan described in section 26(1) of this chapter. Indiana Code 2019 As added by P.L.138-2018, SEC.3. IC 14-30-3-4 "St. Joseph River basin" Sec. 4. As used in this chapter, "St. Joseph River basin" means the area in Elkhart County, Kosciusko County, LaGrange County, Noble County, St. Joseph County, and Steuben County that drains into the St. Joseph River. [Pre-1995 Recodification Citation: 36-7-6.2-1(b) part.] As added by P.L.1-1995, SEC.23. IC 14-30-3-5 Separate municipal corporation Sec. 5. The St. Joseph River basin commission is established as a separate municipal corporation. [Pre-1995 Recodification Citation: 36-7-6.2-1(a) part.] As added by P.L.1-1995, SEC.23. IC 14-30-3-6 Participating county; designation Sec. 6. The executive of a county that includes territory in the basin may do the following: (1) Elect to participate in the commission by designating the county as a participating county. (2) Revoke the designation. [Pre-1995 Recodification Citation: 36-7-6.2-1(e).] As added by P.L.1-1995, SEC.23. IC 14-30-3-7 Boundary certification Sec. 7. After consultation with the surveyor of each county in the basin, the director shall certify the boundaries of the basin. [Pre-1995 Recodification Citation: 36-7-6.2-1(b) part.] As added by P.L.1-1995, SEC.23. IC 14-30-3-8 Members Sec. 8. The commission consists of the following individuals: (1) From each participating county the following: (A) The executive of each second class city or the executive's designee. (B) If the county does not have a second class city, the executive of the municipality with the largest population or the executive's designee. (2) A member of the county executive or the county executive's designee from each participating county. (3) The county health officer or the health officer's designee from each participating county. (4) The county surveyor of each participating county or the county surveyor's designee. (5) A representative of each soil and water conservation district that: (A) is subject to IC 14-32; (B) includes territory in a participating county; and (C) includes territory in the basin. (6) The director or the director's designee. [Pre-1995 Recodification Citation: 36-7-6.2-2(a).] As added by P.L.1-1995, SEC.23. Amended by P.L.138-2018, SEC.4. IC 14-30-3-9 Term of office Sec. 9. The term of office of an appointed member of the commission is three (3) years and continues until a successor is appointed and certified. [Pre-1995 Recodification Citation: 36-7-6.2-2(b).] As added by P.L.1-1995, SEC.23. Indiana Code 2019 IC 14-30-3-10 Travel expenses Sec. 10. The members of the commission serve without compensation. However, each member is entitled to reimbursement for travel, lodging, meals, and other expenses as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. [Pre-1995 Recodification Citation: 36-7-6.2-2(c).] As added by P.L.1-1995, SEC.23. IC 14-30-3-11 Officers Sec. 11. (a) The commission shall elect from among the members the following officers: (1) A chairman. (2) A vice chairman. (3) A secretary. (4) A treasurer. (b) The: (1) term of office for the officers elected under subsection (a) is one (1) year; and (2) officers are eligible for reelection. (c) The commission may establish and fill other offices that the commission considers necessary. [Pre-1995 Recodification Citation: 36-7-6.2-3(a), (b).] As added by P.L.1-1995, SEC.23. IC 14-30-3-12 Executive board Sec. 12. (a) The commission may establish an executive board consisting of the following: (1) The chairman of the commission. (2) One (1) member from each participating county that is not represented by the chairman, to be chosen in a manner prescribed by the commission. (b) The commission may delegate to the executive board the power to do the following: (1) Recommend agenda items and activities to the commission. (2) Conduct hearings on proposed commission projects. (3) Perform other administrative duties assigned by the commission. [Pre-1995 Recodification Citation: 36-7-6.2-3(c).] As added by P.L.1-1995, SEC.23. IC 14-30-3-13 Advisory committee Sec. 13. The commission may appoint an advisory committee to assist the commission. A member of an advisory committee is not entitled to compensation for serving on the advisory committee. [Pre-1995 Recodification Citation: 36-7-6.2-3(d).] As added by P.L.1-1995, SEC.23. IC 14-30-3-14 Duties Sec. 14. (a) The commission shall do the following: (1) Fix the times of the commission's regular meetings. (2) Have at least one (1) meeting in each quarter of the year. (b) A special meeting of the commission may be called in a manner that the commission shall establish. (c) A member of the commission may waive notice of any meeting by filing a written waiver with the secretary of the commission. [Pre-1995 Recodification Citation: 36-7-6.2-4.] As added by P.L.1-1995, SEC.23. IC 14-30-3-15 Repealed Indiana Code 2019 [Pre-1995 Recodification Citation: 36-7-6.2-5(a), (b).] As added by P.L.1-1995, SEC.23. Repealed by P.L.138-2018, SEC.5. IC 14-30-3-15.5 Electronic meetings Sec. 15.5. (a) This section applies to meetings under IC 5-14-1.5 of: (1) the commission; or (2) an executive board appointed under section 12 of this chapter. (b) The definitions in IC 5-14-1.5 apply to this section. (c) A commission member may participate in a meeting by an electronic means that allows: (1) all participating members; and (2) all members of the public who are physically present at the meeting; to simultaneously communicate with each other. The member shall be considered present for purposes of establishing a quorum and may participate in any final action taken at the meeting. (d) Both of the following apply to a meeting under this section: (1) At least one-third (1/3) of the members must be physically present at the place where the meeting is conducted. (2) All votes during the meeting must be taken by roll call vote. Nothing in this section affects the public's right to attend a meeting at the place where the meeting is conducted and the minimum number of members is physically present. (e) Each member of the commission is required to physically attend at least one (1) meeting of the commission annually. Each member of the executive board is required to physically attend at least one (1) meeting of the executive board annually. (f) The commission may adopt a policy to govern participation in the meetings of the commission or the executive board by electronic communication. The policy may do any of the following: (1) Require a member to request authorization to participate in a meeting by electronic communication within a certain number of days before the meeting to allow for arrangements to be made for the member's participation by electronic communication. (2) Limit the number of meetings in a calendar year in which any one (1) member may participate by electronic communication. (3) Provide that a member who participates in a meeting by electronic communication may not cast the deciding vote on any official action. For purposes of this chapter, a member casts the deciding vote on an official action if, regardless of the order in which the votes are cast: (A) the member votes with the majority; and (B) the official action is adopted or defeated by one (1) vote. (4) Require a member participating in a meeting by electronic communication to confirm in writing the votes cast by the member during the meeting within a certain number of days after the date of the meeting. (5) Provide that in addition to the location where a meeting is conducted, the public may also attend some or all meetings, excluding executive sessions, at a public place or public places at which a member is physically present and participates by electronic communication. If the commission's policy includes this provision, a meeting notice must provide the following information: (A) The identity of each member who will be physically present at a public place and participate in the meeting by electronic communication. (B) The address and telephone number of each public place where a member will be physically present and participate by electronic communication. (C) Unless the meeting is an executive session, a statement that a location described in clause (B) will be open and accessible to the public. (6) Establish any other procedures, limitations, or conditions that govern participation Indiana Code 2019 in meetings of the commission by electronic communication and are not in conflict with this chapter. (g) Nothing in this section affects the commission's right to exclude the public from an executive session in which a member participates by electronic communication. As added by P.L.30-2015, SEC.2. IC 14-30-3-16 Record Sec. 16. (a) The commission shall keep a record of the commission's resolutions, transactions, and findings. This record is a public record. (b) The commission may adopt rules for the transaction of business. [Pre-1995 Recodification Citation: 36-7-6.2-5(c), (d).] As added by P.L.1-1995, SEC.23. IC 14-30-3-17 Capacity to sue or be sued Sec. 17. The commission may sue and be sued. [Pre-1995 Recodification Citation: 36-7-6.2-5(e).] As added by P.L.1-1995, SEC.23. IC 14-30-3-18 Annual report Sec. 18. The commission shall make an annual report of the commission's activities to the executive of each participating county. The commission shall upon request make an annual report to the following: (1) The governor. (2) Any member of the general assembly. [Pre-1995 Recodification Citation: 36-7-6.2-6.] As added by P.L.1-1995, SEC.23. IC 14-30-3-19 Powers Sec. 19. The commission may do the following: (1) Provide a forum for the discussion, study, and evaluation of water resource issues of common concern in the basin. (2) Facilitate and foster cooperative planning and coordinated management of the basin's water and related land resources. (3) Develop positions on major water resource issues and serve as an advocate of the basin's interests before Congress and federal, state, and local governmental agencies. (4) Develop plans and tools to improve water quality or mitigate flooding in the basin. (5) Publicize, advertise, and distribute reports on the commission's purposes, objectives, studies, and findings. (6) When requested, make recommendations in matters related to the commission's functions and objectives to political subdivisions in the basin and to other public and private agencies. (7) When requested, act as a coordinating agency for programs and activities of other public and private agencies that are related to the commission's objectives. (8) Employ staff. (9) Enter into contracts for the purposes of this chapter. (10) Exercise the powers of a political subdivision specified in a cooperative agreement described in section 26 of this chapter. [Pre-1995 Recodification Citation: 36-7-6.2-7.] As added by P.L.1-1995, SEC.23. Amended by P.L.138-2018, SEC.6. IC 14-30-3-20 Government officials attending meetings and advising Sec. 20. The commission may invite the governor, government officials, or other individuals from the St. Joseph River basin in Michigan to do the following: Indiana Code 2019 (1) Attend the commission's meetings. (2) Advise the commission upon the commission's request. [Pre-1995 Recodification Citation: 36-7-6.2-1(c).] As added by P.L.1-1995, SEC.23. IC 14-30-3-21 Interstate compact with Michigan Sec. 21. The commission shall do the following: (1) Explore the desirability of entering into an interstate compact with Michigan to improve water quality in the basin. (2) Make recommendations on the content of a compact. [Pre-1995 Recodification Citation: 36-7-6.2-1(d).] As added by P.L.1-1995, SEC.23. IC 14-30-3-22 Grants and appropriations Sec. 22. (a) The commission may receive grants and appropriations from the following: (1) Federal, state, and local governments. (2) Individuals, foundations, and other organizations. (b) The commission may enter into agreements or contracts regarding the acceptance or use of these grants and appropriations for the purpose of carrying out the commission's activities under this chapter. [Pre-1995 Recodification Citation: 36-7-6.2-8.] As added by P.L.1-1995, SEC.23. IC 14-30-3-23 Budget Sec. 23. The commission shall do the following: (1) Prepare and adopt an annual budget. (2) Submit the budget to the executive of each participating county. (3) Make the budget available to each agency appropriating money to the commission. [Pre-1995 Recodification Citation: 36-7-6.2-9.] As added by P.L.1-1995, SEC.23. IC 14-30-3-24 Appropriations to carry out commission's responsibilities Sec. 24. (a) The participating counties may budget, appropriate, and disburse money to carry out the purposes of the commission under this chapter. (b) The appropriation from the participating counties that is needed for all or part of the commission's budget shall be apportioned among the participating counties in direct relationship to the amount of land area in each participating county certified under section 7 of this chapter. (c) The apportionment that is needed from each participating county shall be presented to the county executive at the same time that budgets are presented by county officers. [Pre-1995 Recodification Citation: 36-7-6.2-10.] As added by P.L.1-1995, SEC.23. IC 14-30-3-25 Expenditures; deposits Sec. 25. (a) The commission shall make expenditures only as budgeted. However, the commission may revise the budget at any time to authorize unbudgeted expenditures. (b) Any appropriated amounts remaining unexpended or unencumbered at the end of the fiscal year become part of a nonreverting cumulative fund to be held in the name of the commission. The commission may authorize unbudgeted expenditures from this fund. (c) The commission is responsible for the safekeeping and deposit of money the commission receives under this chapter. The state board of accounts shall: (1) prescribe the methods and forms for keeping; and (2) periodically audit; Indiana Code 2019 the accounts, records, and books of the commission. (d) The treasurer of the commission may receive, disburse, and handle money belonging to the commission, subject to the following: (1) Applicable statutes. (2) Procedures established by the commission. [Pre-1995 Recodification Citation: 36-7-6.2-11.] As added by P.L.1-1995, SEC.23. IC 14-30-3-26 Political subdivision cooperative agreement with commission Sec. 26. A political subdivision in a participating county may under IC 36-1-7 enter into a cooperative agreement with the commission and at least one (1) other legal entity to authorize the commission to: (1) develop a plan to improve water quality or mitigate flooding in the part of the basin that is described in the cooperative agreement; (2) exercise any of the other powers of the political subdivision to regulate watercourses in the basin; or (3) develop and promote good soil and water conservation practices and procedures. As added by P.L.138-2018, SEC.7. IC 14-30-3-27 Determination of best method and manner Sec. 27. In developing a plan to improve water quality or mitigate flooding in the part of the basin described in a cooperative agreement entered into under section 26 of this chapter, the commission shall determine the best method and manner of improving water quality or mitigating flooding, giving consideration to the following: (1) The increase infiltration method. (2) The channel improvement method. (3) The wetland restoration method. (4) Flood plain regulation. (5) All nonstructural methods. As added by P.L.138-2018, SEC.8. IC 14-30-3-28 Public meeting concerning plan to improve water quality or mitigate flooding Sec. 28. (a) The commission shall schedule a public meeting in accordance with IC 5-14-1.5 in each participating county containing a political subdivision that has entered into a cooperative agreement under section 26(1) of this chapter authorizing the commission to develop a plan. The purpose of the public meeting shall be to gain input regarding the development of the plan before the plan is implemented in accordance with this chapter. (b) The commission shall do the following: (1) At least ten (10) days before the public meeting in each participating county described in subsection (a), post a copy of the proposed plan on the commission's Internet web site or the Internet web site of the participating county (if the county maintains an Internet web site). (2) Publish notice of each public meeting in a participating county described in subsection (a) in accordance with IC 5-3-1 at least ten (10) days before the public meeting. (3) Include the following information in the notice described in subdivision (2): (A) The date, time, and place of the meeting in each participating county described in subsection (a). (B) A synopsis of the subject matter of the meeting. (C) How an individual may obtain a copy of the proposed plan from the commission. (D) That the public is encouraged to make comments at the meeting. (c) At the meeting, the commission shall allow the public to be heard on the proposed Indiana Code 2019 plan. As added by P.L.138-2018, SEC.9. IC 14-30-3-29 State approval of plan Sec. 29. Before a plan is implemented by a political subdivision, the plan must be approved by the state in accordance with IC 14-25 through IC 14-29. As added by P.L.138-2018, SEC.10. IC 14-30-3-30 Commission rules Sec. 30. The commission may adopt rules to do the following: (1) Require that increased water runoff resulting from new construction be impounded on the construction site. (2) Permit the requirement of onsite water impoundment under subdivision (1) to be waived upon payment of a reasonable fee by the developer of the new construction. As added by P.L.138-2018, SEC.11. IC 14-30-3-31 Commission acquisition powers; restriction of construction in flood plains Sec. 31. (a) For the purposes of this chapter, the commission may do the following: (1) Acquire by grant, gift, purchase, or devise, and dispose of, conservation easements under IC 32-23-5 in land within the one hundred (100) year flood plains and the wetlands in the basin. (2) Acquire, by grant, gift, purchase, or devise, improvements within the one hundred (100) year flood plains of the basin for the purpose of removing those improvements. (3) Adopt rules that restrict construction within the one hundred (100) year flood plains of the basin. (4) Acquire, dispose of, hold, use, improve, maintain, operate, own, manage, or lease real or personal property by grant, gift, purchase, or devise. (b) The commission may exercise the powers granted by this section as follows: (1) For purposes of IC 32-23-5. (2) To contribute to the following: (A) Flood mitigation. (B) Flood damage reduction. (C) Improvements in water quality. (D) Soil conservation. As added by P.L.138-2018, SEC.12. IC 14-30-3-32 Power to enter land; notice; right to appeal Sec. 32. (a) The commission, the executive board, or employees or authorized representatives of the commission acting under this chapter may: (1) enter the land lying within the one hundred (100) year flood plain of any watercourse in the basin; and (2) enter land lying outside the one hundred (100) year flood plain to gain access to land lying within the one hundred (100) year flood plain in the basin; if necessary to investigate, examine, or survey the land or investigate suspected violations of the Indiana flood control laws. (b) The commission must give twenty-one (21) days written notice to: (1) an owner of the affected land; (2) a contract purchaser of the affected land; or (3) if the land is municipal property (as described in IC 6-1.1-10-5(a)), the executive of the municipality; before exercising the right to enter land under this section. The notice must state the purpose of the entry and that there is a right of appeal under this section. Indiana Code 2019 (c) A person described in subsection (b)(1) through (b)(3) may, within the twenty-one (21) day notice period required by subsection (b), appeal the proposed entry under subsection (a) to the commission on the grounds that the proposed entry is not necessary. If a person appeals under this subsection, the commission shall hold a hearing on the necessity of the entry before the right of entry is exercised. (d) A person entering land under this section must use due care to avoid damage to crops or to fences, buildings, and other structures. (e) Neither the commission, the executive board, nor employees or authorized representatives of the commission acting under this chapter commits criminal trespass under IC 35-43-2-2 by entering land described in subsection (a) for a purpose set forth in subsection (a). As added by P.L.138-2018, SEC.13. Indiana Code 2019 IC 14-30-4 Chapter 4. Upper Wabash River Basin Commission 14-30-4-1 "Basin" defined 14-30-4-2 "Commission" defined 14-30-4-3 "Participating county" defined 14-30-4-4 "Plan" defined 14-30-4-5 "Upper Wabash River basin" defined 14-30-4-6 Establishment 14-30-4-7 Designation as participating county 14-30-4-8 Voting members 14-30-4-9 Designation of member; revocation 14-30-4-10 Officers 14-30-4-11 Reimbursements; per diems 14-30-4-12 Powers 14-30-4-13 Cooperative agreements 14-30-4-14 Flood control plans 14-30-4-15 Plans; public hearings; approval 14-30-4-16 Annual budget 14-30-4-17 Rules 14-30-4-18 Advisory committees 14-30-4-19 Access to lands IC 14-30-4-1 "Basin" defined Sec. 1. As used in this chapter, "basin" refers to the upper Wabash River basin. As added by P.L.35-2001, SEC.7. IC 14-30-4-2 "Commission" defined Sec. 2. As used in this chapter, "commission" refers to the Upper Wabash River basin commission established by this chapter. As added by P.L.35-2001, SEC.7. IC 14-30-4-3 "Participating county" defined Sec. 3. As used in this chapter, "participating county" refers to a county that joins the commission under section 7 of this chapter. As added by P.L.35-2001, SEC.7. IC 14-30-4-4 "Plan" defined Sec. 4. As used in this chapter, "plan" refers to a plan described in section 13(1) of this chapter. As added by P.L.35-2001, SEC.7. IC 14-30-4-5 "Upper Wabash River basin" defined Sec. 5. As used in this chapter, "upper Wabash River basin" means the area located in Adams County, Huntington County, Jay County, or Wells County that is drained by the Wabash River, including the tributaries of the Wabash River. As added by P.L.35-2001, SEC.7. IC 14-30-4-6 Establishment Sec. 6. The upper Wabash River basin commission is established as a separate municipal corporation. As added by P.L.35-2001, SEC.7. Amended by P.L.2-2005, SEC.56. IC 14-30-4-7 Designation as participating county Sec. 7. Subject to section 6(b) of this chapter, the executive of a county that includes territory in the upper Wabash River basin may do the following: Indiana Code 2019 (1) Elect to participate in the commission by designating the county as a participating county. (2) Revoke the designation. As added by P.L.35-2001, SEC.7. IC 14-30-4-8 Voting members Sec. 8. The following serve as voting members of the commission: (1) The three (3) county commissioners from each participating county. (2) The chairman of a soil and water conservation district for each participating county that: (A) is subject to IC 14-32; (B) includes territory in a participating county; and (C) includes territory in the basin. (3) The county surveyor of each participating county. As added by P.L.35-2001, SEC.7. IC 14-30-4-9 Designation of member; revocation Sec. 9. (a) A member of the commission may: (1) designate another individual to perform the duties of the member on the commission; and (2) revoke the designation. (b) Any designation or a revocation of a designation under this section must be filed with the commission to be effective. As added by P.L.35-2001, SEC.7. IC 14-30-4-10 Officers Sec. 10. (a) The commission shall annually elect from among the voting members the following officers: (1) A chairperson. (2) A vice chairperson. (3) A secretary. (4) A treasurer. (b) The officers elected under subsection (a) shall be elected and shall perform the duties specified in the commission's bylaws. (c) The commission may establish other offices and determine the means of filling the offices. As added by P.L.35-2001, SEC.7. IC 14-30-4-11 Reimbursements; per diems Sec. 11. (a) Each member of the commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. Money paid under this section may be paid only from the money available to the commission. (b) A county may pay members of the commission the salary per diem provided by IC 4-10-11-2.1(b) for the performance of the member's duties on the commission. As added by P.L.35-2001, SEC.7. IC 14-30-4-12 Powers Sec. 12. (a) The commission may do the following: (1) Sue and be sued. (2) Manage the commission's internal affairs. (3) Employ staff. Indiana Code 2019 (4) Enter into contracts to implement a cooperative agreement described in section 13 of this chapter. (5) Exercise the powers of a political subdivision specified in a cooperative agreement described in section 13 of this chapter. (b) This section does not exempt the commission from any statute. As added by P.L.35-2001, SEC.7. IC 14-30-4-13 Cooperative agreements Sec. 13. A political subdivision in a participating county may under IC 36-1-7 enter into a cooperative agreement with the commission and at least one (1) other legal entity to authorize the commission to: (1) develop a plan to control flooding and improve drainage in that part of the basin that is described in the cooperative agreement; (2) organize and coordinate the installation of trails along the upper Wabash River basin through partnerships with other organizations; or (3) develop and promote good soil and water conservation practices and procedures, including erosion control and bank stabilization. As added by P.L.35-2001, SEC.7. IC 14-30-4-14 Flood control plans Sec. 14. In developing the plan, the commission shall determine the best method and manner of establishing flood control, giving consideration to the following: (1) The reservoir method. (2) The channel improvement method. (3) The levee method. (4) Flood plain regulation. (5) All nonstructural methods. As added by P.L.35-2001, SEC.7. IC 14-30-4-15 Plans; public hearings; approval Sec. 15. (a) The commission shall give the public an opportunity to participate in the development of the plan by holding public hearings at which public testimony is heard and by accepting written recommendations from the public. (b) Before the plan is implemented by a political subdivision, the plan must be approved by the department of natural resources in accordance with IC 14-25 through IC 14-29. As added by P.L.35-2001, SEC.7. IC 14-30-4-16 Annual budget Sec. 16. (a) The commission shall prepare an annual budget for the commission's operation and other expenditures under IC 6-1.1-17. (b) The commission is not eligible for funding through the Wabash River heritage corridor commission established by IC 14-13-6-6. As added by P.L.35-2001, SEC.7. Amended by P.L.224-2007, SEC.105; P.L.146-2008, SEC.427; P.L.257-2019, SEC.86. IC 14-30-4-17 Rules Sec. 17. The commission may adopt rules under IC 4-22-2 to require that increased water runoff resulting from new construction be impounded on the construction site. As added by P.L.35-2001, SEC.7. IC 14-30-4-18 Advisory committees Sec. 18. The commission may appoint advisory committees consisting of individuals whose experience, training, or interest in the upper Wabash River basin enables the Indiana Code 2019 committees to assist the commission. A member of an advisory committee is not entitled to compensation for the member's services. As added by P.L.35-2001, SEC.7. IC 14-30-4-19 Access to lands Sec. 19. (a) The commission, board of directors, employees, or authorized representatives of the commission acting under this chapter may: (1) enter the land lying within the one hundred (100) year flood plain of any watercourse; and (2) enter nonflood plain land to gain access to the flood plain land; to investigate, examine, survey, or investigate suspected violations of the Indiana flood control laws. (b) The commission must give sixty (60) days written notice to: (1) an affected landowner; (2) a contract purchaser; or (3) for a municipality, the executive of the municipality; before exercising the right of entry granted in this section. The notice must state the purpose of the entry and that there is a right of appeal under this section. (c) An affected landowner may, within the sixty (60) day notice period under subsection (b), appeal the proposed necessity for entry to a court in the county in which the property is located. If an appeal is made, the commission may not exercise the right of entry until a final decision is made by the court. (d) A person acting under this section must use due care to avoid damage to crops, fences, buildings, or other structures. As added by P.L.35-2001, SEC.7. Indiana Code 2019 IC 14-30-5 Chapter 5. Transborder Water Resources Authority 14-30-5-0.5 No effect on Great Lakes Compact 14-30-5-1 "Authority" 14-30-5-2 "Transborder water resource" 14-30-5-3 "Water resource" 14-30-5-4 Transborder water resource authority; establishment; members 14-30-5-5 Reimbursement for members' expenses 14-30-5-6 Officers 14-30-5-7 Advisory committees 14-30-5-8 Meetings 14-30-5-9 Quorum; voting; records; rules; litigation 14-30-5-10 Duties of the authority 14-30-5-11 Discretionary powers of the authority 14-30-5-12 Invitations to officials of neighboring states 14-30-5-13 Grants and appropriations to the authority 14-30-5-14 Budget 14-30-5-15 Expenditures; nonreverting cumulative fund; keeping of accounts and records 14-30-5-16 Annual report 14-30-5-17 Expiration IC 14-30-5-0.5 No effect on Great Lakes Compact Sec. 0.5. This chapter does not in any way supersede or affect the Great Lakes—St. Lawrence River Basin Water Resources Compact under IC 14-25-15-1 or any: (1) restrictions, obligations, powers, rights, duties, prohibitions, immunities, privileges, organizations, or procedures established; (2) actions taken; or (3) supplemental or concurring legislation enacted or rules adopted; under IC 14-25-15-1 or the Compact. As added by P.L.142-2017, SEC.1. IC 14-30-5-1 "Authority" Sec. 1. As used in this chapter, "authority" refers to the transborder water resources authority established by section 4 of this chapter. As added by P.L.142-2017, SEC.1. IC 14-30-5-2 "Transborder water resource" Sec. 2. (a) As used in this chapter, "transborder water resource" refers to any water resource that is located: (1) partly within Indiana and partly within another state; or (2) on the border between Indiana and another state. (b) The term does not include any water resource located within the watershed of the Great Lakes. As added by P.L.142-2017, SEC.1. IC 14-30-5-3 "Water resource" Sec. 3. As used in this chapter, "water resource" means: (1) an aquifer; (2) a river; or (3) a lake. As added by P.L.142-2017, SEC.1. IC 14-30-5-4 Transborder water resource authority; establishment; members Sec. 4. (a) The transborder water resources authority is established. Indiana Code 2019 (b) The authority consists of the following twelve (12) individuals: (1) Four (4) members of the general assembly appointed as follows: (A) One (1) member appointed by the speaker of the house of representatives. (B) One (1) member appointed by the minority leader of the house of representatives. (C) One (1) member appointed by the president pro tempore of the senate. (D) One (1) member appointed by the minority leader of the senate. (2) Four (4) ex officio members as follows: (A) The executive director of the department of natural resources or the executive director's designee. (B) The executive director of the office of community and rural affairs or the executive director's designee. (C) The secretary of commerce or the secretary's designee. (D) The state geologist or the state geologist's designee. (3) Four (4) individuals appointed by the governor. As added by P.L.142-2017, SEC.1. IC 14-30-5-5 Reimbursement for members' expenses Sec. 5. The members of the authority serve without compensation. However, each member is entitled to reimbursement for travel, lodging, meals, and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. As added by P.L.142-2017, SEC.1. IC 14-30-5-6 Officers Sec. 6. (a) The authority shall elect from among the members the following officers: (1) A chairperson. (2) A vice chairperson. (3) A secretary. (4) A treasurer. (b) The term of office of an officer elected under subsection (a) is one (1) year. An officer elected under subsection (a) is eligible for reelection. (c) The authority may establish and fill other offices that the authority considers necessary. As added by P.L.142-2017, SEC.1. IC 14-30-5-7 Advisory committees Sec. 7. The authority may establish one (1) or more advisory committees to assist the authority. Individuals who are not members of the authority may be appointed by the authority as members of an advisory committee. A member of an advisory committee is not entitled to: (1) compensation for serving on the advisory committee; or (2) reimbursement for expenses incurred in connection with the member's service on the advisory committee. As added by P.L.142-2017, SEC.1. IC 14-30-5-8 Meetings Sec. 8. (a) The authority shall: (1) fix the times of the authority's regular meetings; and (2) have at least one (1) meeting in each quarter of the year. (b) A special meeting of the authority may be called in a manner established by the authority. (c) A member of the authority may waive notice of any meeting by filing a written waiver Indiana Code 2019 with the secretary of the authority. As added by P.L.142-2017, SEC.1. IC 14-30-5-9 Quorum; voting; records; rules; litigation Sec. 9. (a) A majority of all the members of the authority constitutes a quorum. (b) The affirmative vote of a majority of the entire membership is required for the authority to take action. (c) The authority shall keep a record of the authority's resolutions, transactions, and findings. The record kept under this subsection is a public record under IC 5-14-3. (d) The authority may adopt rules for the transaction of business. (e) The authority may sue and be sued. As added by P.L.142-2017, SEC.1. IC 14-30-5-10 Duties of the authority Sec. 10. The authority shall do the following: (1) Study the subject of ownership rights in one (1) or more transborder water resources shared by Indiana and other states. (2) Explore the desirability of entering into interstate compacts with other states concerning the mutually fair and prudent use of transborder water resources shared by Indiana and the other states. (3) Make recommendations concerning the content of any interstate compact described in subdivision (2). As added by P.L.142-2017, SEC.1. IC 14-30-5-11 Discretionary powers of the authority Sec. 11. The authority may do the following: (1) Provide a forum for the discussion, study, and evaluation of issues concerning transborder water resources. (2) Facilitate and foster cooperative planning and coordinated management of transborder water resources. (3) Develop positions on major water resource issues and serve as an advocate of the interests of Indiana before Congress and federal, state, and local governmental agencies. (4) Publicize, advertise, and distribute reports on the authority's purposes, objectives, studies, and findings. (5) When requested, make recommendations in matters related to the authority's functions and objectives to: (A) political subdivisions; and (B) other public and private agencies. (6) When requested, act as a coordinating agency for programs and activities of other public and private agencies that are related to transborder water resources. As added by P.L.142-2017, SEC.1. IC 14-30-5-12 Invitations to officials of neighboring states Sec. 12. The authority may invite the governor, government officials, or other individuals from a state with which Indiana shares a transborder water resource to do the following: (1) Attend the authority's meetings. (2) Advise the authority, upon the authority's request. As added by P.L.142-2017, SEC.1. IC 14-30-5-13 Grants and appropriations to the authority Sec. 13. (a) The authority may receive grants and appropriations from the following: (1) Federal, state, and local governments. Indiana Code 2019 (2) Individuals, foundations, and other organizations. (b) The authority may enter into agreements or contracts regarding the acceptance or use of grants and appropriations for the purpose of carrying out the authority's activities under this chapter. As added by P.L.142-2017, SEC.1. IC 14-30-5-14 Budget Sec. 14. Subject to amounts appropriated to the authority by the general assembly, the authority shall do the following: (1) Prepare and adopt an annual budget. (2) Submit the budget to the budget agency. As added by P.L.142-2017, SEC.1. IC 14-30-5-15 Expenditures; nonreverting cumulative fund; keeping of accounts and records Sec. 15. (a) The authority may make expenditures only as budgeted. However, the authority may revise the budget at any time to authorize unbudgeted expenditures with the approval of the budget agency. (b) Any appropriated amounts remaining unexpended or unencumbered at the end of the state fiscal year become part of a nonreverting cumulative fund to be held in the name of the authority. The authority may authorize unbudgeted expenditures from this fund. (c) The authority is responsible for the safekeeping and deposit of money the authority receives under this chapter. The state board of accounts shall: (1) prescribe the methods and forms for keeping; and (2) periodically audit; the accounts, records, and books of the authority. (d) The treasurer of the authority may receive, disburse, and handle money belonging to the authority, subject to the following: (1) Applicable statutes. (2) Procedures established by the authority. As added by P.L.142-2017, SEC.1. Amended by P.L.86-2018, SEC.164. IC 14-30-5-16 Annual report Sec. 16. The authority shall make an annual report of the authority's activities to the: (1) governor; and (2) general assembly in an electronic format under IC 5-14-6. As added by P.L.142-2017, SEC.1. IC 14-30-5-17 Expiration Sec. 17. This chapter expires July 1, 2022. As added by P.L.142-2017, SEC.1. Indiana Code 2019