Section 14-30.5-3-1 - Potential purposes for establishment of watershed development commission(a) The flood damage reduction, drainage, storm water management, recreation, and water infrastructure purposes for which a watershed development commission may be established include the following: (1) Planning, taking, and promoting action to prevent or mitigate flooding through generally accepted structural and nonstructural means, including the following: (B) Expansion of water storage capacity.(F) Selective construction, maintenance, and removal of berms.(G) Construction of levees.(H) Bridge and structure removal and replacement.(2) Taking and promoting action to enhance drainage in ways consistent with storm water management requirements.(3) Taking and promoting action to address water infrastructure needs related to flood damage reduction, storm water management, recreation, and drainage.(4) Setting voluntary water quality goals.(b) Subject to subsection (c), the purposes for which a watershed development commission may be established, in addition to those set forth in subsection (a), may include one (1) or more purposes related to water quality within the boundaries of the designated watershed, such as:(1) reducing the runoff of nutrients and soil into streams and bodies of water by promoting the use of improved ditch design and the reestablishment of strategically located wetlands; and(2) reducing ground water contamination by promoting the use of improved septic system technology. However, a water quality purpose, goal, or project does not convey water quality regulatory authority to a watershed development commission.
(c) A watershed development commission may not have a purpose described in subsection (b) unless:(1) the board of the commission, in addition to developing a flood damage reduction and drainage plan under section 4 of this chapter, develops a water quality improvement plan that: (A) describes water quality problems within the boundaries of the designated watershed; and(B) proposes one (1) or more actions that the watershed development commission could take to address those problems; (2) the board of the watershed development commission submits the water quality improvement plan to the natural resources commission; and(3) the natural resources commission, after: (A) determining whether the water quality problems described in the water quality improvement plan truly exist within the boundaries of the watershed development commission's designated watershed; and(B) considering whether it is likely that the efforts of the watershed development commission would be a practically effective and cost effective means of addressing the water quality problems; approves the commission's water quality improvement plan.
Added by P.L. 251-2023,SEC. 13, eff. 7/1/2023.