HB 1738-1_ Filed 02/08/2007, 10:47 Stemler
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
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
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
(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
(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
(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.)
MO173802/DI 51 2007