Indiana Code Title 14. Natural and Cultural Resources § 14-26-2-16

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:

(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:

(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:

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.