Indiana Code Title 14. Natural and Cultural Resources § 14-22-9-9

Sec. 9. (a) This section does not apply to a downstream water release from an existing municipal or fire protection impoundment that has not impounded sufficient water for release.

(b) A person may not stretch, place, or set an obstruction, other than a dam, across a waterway of Indiana or boundary waters of the state that prevents fish from ascending or descending a waterway.

(c) A person who owns, operates, or controls a dam:

may be required to incorporate into the structure sufficient water storage head to maintain during periods of minimum stream flow a downstream discharge equal to the inflow into the impoundment created by the dam and to maintain a sufficient head of water above the dam to support fish life.  A person described in this subsection shall maintain during periods of minimum stream flow a downstream discharge equal to the inflow into the impoundment created by the dam.

(d) An owner of a dam across a waterway of Indiana or boundary water of Indiana whose watershed is greater than fifty (50) square miles may be required to construct and maintain the following:

The fish ladders or boat passage shall be constructed in the manner and of the materials that are prescribed by the director.

(e) The department shall enforce and administer this section.

(f) A person who violates this section commits a Class C infraction.  Each day that a violation continues constitutes a separate offense.

(g) The remedy afforded by this section does not deprive an aggrieved person from seeking redress by any other remedy: