Ind. Code ch. 14-33-24

in effect

Ind. Code § 14-33-24-1 "Commercial licensee"

Sec. 1. As used in this chapter, "commercial licensee" means a business entity granted a license by the utility owner to install and construct marinas, boat docks, and beaches adjacent to the shore line of the reservoir located within the boundaries of a reservoir conservancy district. As added by P.L.148-2020, SEC.16.

Ind. Code § 14-33-24-2 "Primary water recreation facility"

Sec. 2. As used in this chapter, "primary water recreation facility" means the part or parts of the reservoir located within the boundaries of a reservoir conservancy district that are suitable for recreational use by watercraft. As added by P.L.148-2020, SEC.16.

Ind. Code § 14-33-24-3 "Reservoir"

Sec. 3. As used in this chapter, "reservoir" means a body of water created by the construction of a dam, embankment, or other structure. As added by P.L.148-2020, SEC.16.

Ind. Code § 14-33-24-4 "Reservoir conservancy district"

Sec. 4. As used in this chapter, "reservoir conservancy district" refers to a conservancy district established under this chapter. As added by P.L.148-2020, SEC.16.

Ind. Code § 14-33-24-5 "Utility owner"

Sec. 5. (a) As used in this chapter, "utility owner" refers to a utility that: (1) owns at least twenty-five percent (25%) of the surface of the reservoir located within the boundaries of a reservoir conservancy district; and (2) is governed by a board of directors for utilities under IC 8-1-11.1-3. (b) For purposes of this chapter, the utility owner of the reservoir located within the boundaries of a reservoir conservancy district is the utility owner that owns at least twenty-five percent (25%) of the surface of the reservoir located within the boundaries of the reservoir conservancy district. As added by P.L.148-2020, SEC.16.

Ind. Code § 14-33-24-6 Establishment of reservoir conservancy district

Sec. 6. A proposed conservancy district may be established as a reservoir conservancy district under this chapter if: (1) the proposed conservancy district will be established for the purposes of: (A) developing forests, wildlife areas, parks, and recreational facilities if feasible in connection with beneficial water management, as provided in IC 14-33-1-1(a)(6); (B) the operation, maintenance, and improvement of: (i) a work of improvement for water based recreational purposes; or (ii) another work of improvement that could have been built for any other purpose authorized by IC 14-33-1-1; as provided in IC 14-33-1-1(a)(9); or (C) both of the purposes set forth in clauses (A) and (B); (2) the boundaries of the proposed conservancy district will encompass part or all of a reservoir located partly within a consolidated city; and (3) at least twenty-five percent (25%) of the surface of the reservoir located within the boundaries of the proposed conservancy district is owned by a utility governed by a board of directors for utilities under IC 8-1-11.1-3. As added by P.L.148-2020, SEC.16.

Ind. Code § 14-33-24-7 Reservoir conservancy district operating agreement

Sec. 7. (a) After the court issues an order establishing a reservoir conservancy district under IC 14-33-2-26 and the initial board of directors of the reservoir conservancy district is appointed under IC 14-33-5-1, the board of directors and the utility owner of the reservoir located within the boundaries of the reservoir conservancy district shall enter into an operating agreement. (b) The operating agreement entered into under this section shall include an operating plan that describes all: (1) works of improvement; and (2) modifications and maintenance of improvements; relating to access to and use of the reservoir located within the boundaries of the reservoir conservancy district that are proposed to be performed by the reservoir conservancy district. Any proposed work by the reservoir conservancy district pursuant to the operating plan or the district plan that involves the reservoir must be approved by the utility owner of the reservoir located within the boundaries of the reservoir conservancy district before the work begins. The process and procedures for the approval of the reservoir conservancy district's proposed work by the utility owner shall be established pursuant to the operating agreement. (c) An operating agreement shall be entered into under this section before the district plan of the reservoir conservancy district is submitted to or approved by the natural resources commission and the court under IC 14-33-6. As added by P.L.148-2020, SEC.16.

Ind. Code § 14-33-24-8 Powers of reservoir conservancy district

Sec. 8. (a) Except as provided in subsections (b) through (e) or another provision of this chapter, a reservoir conservancy district has all of the powers granted to other conservancy districts by this article. (b) The district plan of a reservoir conservancy district shall be provided to the utility owner of the reservoir located within the boundaries of the reservoir conservancy district and to any commercial licensee at least thirty (30) days before it is presented to the natural resources commission under IC 14-33-6-3. (c) A reservoir conservancy district does not have the power of eminent domain. (d) The utility owner of the reservoir located within the boundaries of the reservoir conservancy district is exempt from all assessments, taxes, and fees imposed under this article by the reservoir conservancy district. (e) Subject to IC 14-15, a reservoir conservancy district has authority to establish, through the action of the board of directors, and enforce reasonable rules concerning safety, welfare, and the maintenance of resources within the boundaries of the reservoir conservancy district. However, the rules established under this subsection shall not: (1) interfere with or supersede state law or state administrative rules; (2) interfere with the use of the reservoir for water supply purposes by the utility owner of the reservoir located within the boundaries of the reservoir conservancy district; (3) substantially or directly impair the terms and conditions of the commercial license of any commercial licensee of the utility owner; or (4) establish other requirements or restrictions to: (A) discourage public use of the reservoir; or (B) discourage or prevent uses of the reservoir for activities that: (i) are regulated under IC 14-22; and (ii) could legally take place in the reservoir or the area surrounding the reservoir except for the reservoir conservancy district's requirements or restrictions. As added by P.L.148-2020, SEC.16.

Ind. Code § 14-33-24-9 Reservoir conservancy district recreation fees

Sec. 9. (a) The following definitions apply throughout this section: (1) "Fishing boat" means a boat that has one (1) or more motors that have a total of not more than thirty (30) horsepower. (2) "Nonmotorized watercraft" means a watercraft that does not have a motor. The term includes kayaks, canoes, rowboats, paddleboats, and sailboats. (3) "Nonresident" means a person who does not own or lease real property within the boundaries of the reservoir conservancy district. (4) "Personal watercraft" has the meaning set forth in IC 14-8-2-202.5. (5) "Pontoon" means a watercraft that: (A) uses hollow cylinders to create buoyancy; and (B) has one (1) or more motors that have a total of not more than one hundred (100) horsepower. (6) "Power boat" means a boat has one (1) or more motors that exceed a total of thirty (30) horsepower. (7) "Resident" means a person who owns or leases real property within the boundaries of the reservoir conservancy district. (b) A reservoir conservancy district may impose and collect recreation fees for the recreational use of watercraft on the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district. (c) The recreation fees imposed under this section must include: (1) a fee charged to every resident who uses a watercraft on the primary water recreation facility for recreational purposes; and (2) a fee charged to every nonresident who uses a watercraft on the primary water recreation facility for recreational purposes. (d) The following apply to fees imposed under subsection (c): (1) The fee allowing a nonresident to use a watercraft for an entire year may not be more than fifty percent (50%) greater than the fee allowing a resident to use a watercraft for an entire year. (2) The fee allowing a resident to use a watercraft for a single day may not exceed seventeen percent (17%) of the fee allowing a resident to use a watercraft for an entire year. (3) The fee allowing a nonresident to use a watercraft for a single day may not exceed seventeen percent (17%) of the fee allowing a nonresident to use a watercraft for an entire year. (e) Subject to subsection (d), a reservoir conservancy district may establish different recreation fees for the following different types of watercrafts: (1) Power boats. (2) Pontoon boats. (3) Fishing boats. (4) Personal watercraft. (5) Nonmotorized watercraft. (f) A reservoir conservancy district that imposes recreation fees under this section: (1) is authorized to take reasonable actions to administer and enforce the requirement that a recreation fee be paid for the recreational use of watercraft on the primary water recreation facility of the reservoir conservancy district, including: (A) issuing and requiring the display of an emblem or other device on a watercraft to signify that the fee has been paid; and (B) monitoring the use of watercraft on the primary water recreation facility of the reservoir conservancy district to ensure compliance with the recreation fee requirement; and (2) shall use the revenue derived from the recreation fees collected under this section for: (A) the preservation and maintenance of the primary water recreation facility; and (B) the administration of the reservoir conservancy district. As added by P.L.148-2020, SEC.16.

Ind. Code § 14-33-24-10 Authorized actions of reservoir conservancy district

Sec. 10. (a) A reservoir conservancy district, subject to sections 7 and 11 of this chapter and the district plan of the reservoir conservancy district, is authorized to do the following: (1) Install: (A) catch basins; (B) vegetative or constructed filtration systems; or (C) both catch basins and vegetative or constructed filtration systems; on or near the tributaries of the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district. (2) Implement streambank remediation and erosion control measures: (A) on the tributaries of the reservoir; and (B) in the watershed of the reservoir; within the boundaries of the reservoir conservancy district. (3) Take action to control or remove algae and undesirable aquatic vegetation throughout the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district. (4) Dredge throughout the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district to maintain sufficient depths for water recreation purposes. (5) Perform any other acts of remediation, rehabilitation, or improvement that are necessary or useful to maintain the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district. (b) Any chemicals used by the reservoir conservancy district under subsection (a)(3) must be approved for use by: (1) the governing federal and state agencies; and (2) the utility owner of the reservoir located within the boundaries of the reservoir conservancy district. (c) Any action by the reservoir conservancy district under this section may be conducted only with the necessary authorization from the governing state and federal agencies. As added by P.L.148-2020, SEC.16.

Ind. Code § 14-33-24-11 Sole authority of utility owner

Sec. 11. The utility owner of the reservoir located within the boundaries of the reservoir conservancy district has sole authority and control over all activities to control: (1) the water level of; (2) the water quality of; and (3) the availability of water from; the reservoir located within the boundaries of the reservoir conservancy district. As added by P.L.148-2020, SEC.16.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026