January 19, 2000
HOUSE BILL No. 1076
DIGEST OF HB1076
(Updated January 18, 2000 4:14 PM - DI 22)
Citations Affected: IC 2-5; IC 36-9.
Synopsis: Drainage boards and regulated drains. Requires the water
resources study committee to study the need for revisions in the law on
regulated drains and, when the committee considers it appropriate,
prepare legislation to make revisions in the law. Requires the water
resources study committee to consider certain factors in studying the
need for revisions in the law on regulated drains. Requires a drainage
board, in exercising its authority over regulated drains located within
a county, to ensure that the best management practices set forth in the
Indiana drainage handbook are implemented to the greatest possible
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Agriculture, Natural
Resources and Rural Development.
January 13, 2000, reported _ Do Pass.
January 18, 2000, read second time, amended, ordered engrossed.
January 19, 2000
Second Regular Session 111th General Assembly (2000)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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between statutes enacted by the 1999 General Assembly.
HOUSE BILL No. 1076
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 2-5-25-5.5; (00)HB1076.2.1. -->
SECTION 1. IC 2-5-25-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 5.5. (a) Each year the water resources study
(1) study the need for revisions in IC 36-9-27; and
(2) when the committee considers it appropriate, prepare
legislation to make revisions that it believes are needed in
(b) The factors that the committee considers in studying the
need for revisions in IC 36-9-27 must include the following:
(1) The importance of preventing the delivery of nonpoint
source pollutants to downstream waters through regulated
(2) Whether ditch maintenance assessments should be used to
ensure that the costs of preventative measures such as:
(A) stream bank stabilization;
(B) the propagation of riparian vegetation; and
(C) the construction and maintenance of stable livestock
access and stream crossings;
are shared fairly by the owners of the lands drained by a
(3) Whether a drainage board, with input from landowners,
should be required to develop, for each regulated drain, a
master plan based on sound watershed management practices
that identifies sections of streams:
(A) that are never accessed for drain maintenance; and
(B) along which landowners are therefore authorized to
restore protective riparian vegetation.
(4) The need for a drainage board to consider the
environmental effects of the construction, reconstruction, and
maintenance of drains that are under the jurisdiction of the
SOURCE: IC 36-9-27-15; (00)HB1076.2.2. -->
SECTION 2. IC 36-9-27-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001
]: Sec. 15. (a)
drain in a county is under the jurisdiction of the board and subject to
this chapter, except as otherwise provided by this chapter.
(b) In the exercise of its authority under this chapter, a drainage
board shall ensure that the best management practices set forth in
the Indiana drainage handbook prepared under P.L.329-1995 are
implemented to the greatest possible extent.