Sec. 5. (a) A public utility, a person, a firm, a limited liability company, a corporation, a unit of government, or an association for irrigation or other purposes that creates additional stream volumes by releases from impoundments built and financed by the entity for the entity's purpose may use the increased flowage at all times. The amount of increased flowage shall be determined by well recognized engineering computations.
(b) Riparian owners do not have rights in increased flowage beyond normal stream flow.
[Pre-1995 Recodification Citation: 13-2-1-3(3).]
As added by P.L.1-1995, SEC.18.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 25. Water Rights and Resources
Chapter 1. Water Rights; Surface Water
14-25-1-1. Legislative Findings Regarding Use of Surface Waters
14-25-1-2. Waters Declared Natural Resource
14-25-1-3. Riparian Rights to Water for Domestic Purposes
14-25-1-4. Impoundment of Excess Waters
14-25-1-5. Use of Increased Flowage of Waters Due to Release From Impoundment
14-25-1-6. Standards of Measurement
14-25-1-7. Diversion of Floodwaters
14-25-1-8. Mediation of Disputes
14-25-1-9. Reports to Commission Regarding Volume of Water Used
14-25-1-10. Public Policy Regarding Regulation of Public Waters
14-25-1-11. Findings; Requirements for Diversion of Water Outside the Basin; Rules