HB 1738-1_ Filed 02/08/2007, 10:47 Stemler


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:
Stemler
    I move that House Bill 1738 be amended to read as follows:

SOURCE: Page 9, line 2; (07)MO173802.9. -->     Page 9, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: ; (07)MO173802.2. -->     "SECTION 2. [EFFECTIVE UPON PASSAGE] (a) The following definitions apply throughout this SECTION:
        (1) "Authority" refers to the River Ridge Development Authority or its successor.
        (2) "Department" refers to the department of natural resources, the governor, or any other office, commission, or department in the executive department of Indiana state government, regardless of name, that has authority to manage park property, control the use of park property, or sell, lease, exchange, or transfer park property or an interest in park property.
        (3) "Park property" refers to the Charlestown State Park and all water rights to water under Charlestown State Park.
        (4) "Water facilities" refers to water wells and the water system at River Ridge Commerce Center and the park property.
    (b) The department may not sell, lease, exchange, or transfer property or an interest in a property to another person for the purpose of allowing the selling of water from water wells located on park property without the prior approval of the

authority.
    (c) The department shall maintain and operate the water wells associated with the park property in a manner that will assure that sufficient capacity exists to provide the amount of water needed by the authority.
    (d) To the extent residual water capacity exists in excess of the obligations set forth in subsection (c), the department shall act in accordance with the following priorities for the use of excess water capacity:
        (1) If sufficient residual capacity exists, the department shall provide water to utilities that abut River Ridge Commerce Center and that request water be supplied from the water facilities, including the foreseeable growth.
        (2) If sufficient residual capacity exists, the department shall provide water to the Indiana communities and water utilities in Clark County that do not abut River Ridge Commerce Center to the extent that the water utilities request that water be supplied from the water facilities.
        (3) If sufficient residual capacity exists, the department shall provide water to Indiana communities and water utilities outside Clark County.
        (4) Only after the priorities specified in subdivisions (1) through (3) are satisfied may the department provide water to communities and water utilities outside Indiana.
    (e) A contract or other agreement that is inconsistent with this SECTION is void to the extent of the inconsistency.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1738 as printed February 7, 2007.)

________________________________________

Representative Stemler


MO173802/DI 51     2007