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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 8.1. (a) It is the public policy of the state that low head dams are a threat to:
(1) public safety;
(2) stream ecological processes; and
(3) navigability.
(b) It is in the public interest to remove low head dams that are an encroachment on navigable waterways to:
(1) promote public safety for recreational use and enjoyment of the public trust;
(2) avoid adverse effects to fish, wildlife, and botanical resources; and
(3) not impair the navigability of a waterway.
(c) A low head dam located on a navigable waterway is an encroachment subject to removal under section 8.2 of this chapter unless it is:
(1) owned and operated by a public utility (as defined by IC 8-1-2-1(a)) or a municipally owned utility (as defined by IC 8-1-2-1(h)); or
(2) owned, managed, or operated by the department.
Cite this article: FindLaw.com - Indiana Code Title 14. Natural and Cultural Resources § 14-27-7.3-8.1 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-14-natural-and-cultural-resources/in-code-sect-14-27-7-3-8-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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