Indiana § 14-26-2-16 - Water supply reservoirs; exemption from department regulation or permit; dams forming water supply reservoirs or bodies of water supplying private wells; closure or removal prohibited

§ 14-26-2-16. Water supply reservoirs; exemption from department regulation or permit; dams forming water supply reservoirs or bodies of water supplying private wells; closure or removal prohibited

Sec. 16. (a) As used in this section, "water supply reservoir" means a body of water formed by a dam wholly owned and operated by a municipality or a public utility (as defined in IC 8-1-2-1) for the purpose of providing water utility service to the public. The term does not include the following:

(1) Tributary streams that drain into the body of water.

(2) Wetlands associated with those streams.

(b) Notwithstanding any other law, the department may not regulate the following activities conducted within the one hundred (100) year flood level of a water supply reservoir:

(1) Sediment removal, dredging for the purpose of providing water supply storage, seawall construction, or the maintenance of water intake structures.

(2) Restoration or stabilization of the shoreline.

(c) A person may perform an activity under subsection (b) without a permit issued by the department.

(d) Subject to subsection (e) and notwithstanding any other law, the department may not order the closure or removal, or the partial closure or removal, of:

(1) a dam described in subsection (a); or

(2) a dam that forms or contains a body of water that is used to supply one (1) or more private water wells, including a dam described in IC 14-27-7.7;

if the closure or removal, or the partial closure or removal, of the dam would impact either the provision of water utility service to the public or the supply of water to one (1) or more private water wells, as applicable.

(e) This section does not restrict the department's ability to regulate the safety or maintenance of a dam or other control structure under IC 14-27-7.5, including the department's authority to take emergency measures under IC 14-27-7.5-12.

[Pre-1995 Recodification Citation: 13-2-11.1-15.]

As added by P.L.1-1995, SEC.19. Amended by P.L.186-2003, SEC.71; P.L.164-2024, SEC.11; P.L.24-2025, SEC.6.