Sec. 17. If the drainage board:
(1) finds for the petitioner under section 14(a) of this chapter; and
(2) does not find under section 15 of this chapter that the obstruction of the drain or a natural surface watercourse was created intentionally by any of the respondents;
the drainage board shall enter an order under section 18 or 19 of this chapter concerning the removal of the obstruction.
As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses
36-9-27.4-2. "Drainage Board" Defined
36-9-27.4-3. "Natural Surface Watercourse" Defined
36-9-27.4-4. "Obstruction" Defined
36-9-27.4-7. "Respondent" Defined
36-9-27.4-9. Petition for Removal of Obstruction
36-9-27.4-10. Required Contents of Petition
36-9-27.4-13. Postponement and Rescheduling of Hearing
36-9-27.4-14. Findings of Board
36-9-27.4-15. Drainage Board Determining Whether Obstruction Created Intentionally
36-9-27.4-16. Duty of Board Upon Finding of Intentional Obstruction
36-9-27.4-17. Duty of Board Upon Finding of Unintentional Obstruction
36-9-27.4-18. Additional Duties of Board; Natural Surface Watercourses
36-9-27.4-19. Additional Duties of Board; Drains
36-9-27.4-20. Landowners Jointly and Severally Responsible for Costs of Obstruction Removal