Citations Affected: IC 14-25-2; IC 35-43-1-5; IC 35-45-3-2.
Synopsis: Water resources. Conference committee report for EHB 1738. Provides that the
natural resources commission (commission) may not contract with a person to: (1) provide the
person with certain minimum quantities of stream flow; or (2) sell water to the person; from
reservoir impoundments financed by the state unless the department of natural resources (DNR)
and the advisory council follow certain procedures, including providing notice of the proposed
contract and holding public meetings on the proposed contract. Requires a person holding an
existing contract with the commission for water from the reservoir to provide notice of the
request to any water utility or other person to whom it sells water for resale. Requires each water
utility or other person that receives notice to in turn provide notice of the request to any water
utility or other person to whom it sells water for resale. Specifies that for purposes of the statute
making poisoning a public water supply a Class B felony, a person must act with the intent to
cause serious bodily injury. Provides that for purposes of the statute making it a Class A
infraction to litter in, on, or within 100 feet of a body of water under the jurisdiction of the: (1)
DNR; or (2) U.S. Army Corps of Engineers; a judgment of not more than $1,000 (rather than a
judgment of at least $1,000, as in current law) may be imposed. Requires the water resources
study committee (committee) to study and make findings and recommendations concerning: (1)
current processes and methods for water resource allocation and distribution in Indiana; and (2)
appropriate policies governing future water resource allocation and distribution planning in
Indiana. Requires the committee to report its findings and recommendations to the legislative
council not later than November 1, 2007. (This conference committee report does the
following: (1) Requires: (A) a person holding a contract with the DNR to obtain water from
a reservoir; and (B) a water utility or another person that purchases water for resale; to
provide notice of a request made to use water from the reservoir to any water utility or
other person to whom it in turn sells water for resale. (2) Allows the DNR to publish notice
of the request and the public hearing on the matter in: (A) at least one newspaper of
general circulation in the required counties; and (B) in any qualified publications or
additional newspapers to provide supplementary notification to the public. (3) Amends
provisions from SEA 286-2007 concerning the offenses of: (A) poisoning a public water
supply; and (B) littering in, on, or within 100 feet of a body of water under the jurisdiction
of the DNR or the U.S. Army Corps of Engineers.)
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1738 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Page 1, delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning water
resources.
Delete everything after the enacting clause and insert the following:
purchase of water for resale. Each person to whom notice is mailed
under this subsection is in turn responsible for providing written
notice by certified mail to each water utility or other person that
purchases water from that person for resale. A water utility or
another person required to provide notice under this subsection
shall mail the required notice not later than seven (7) days after it
receives notice of the request from the water utility or other person
from whom it purchases water for resale.
(e) At the same time that:
(1) a person described in subsection (c)(1); or
(2) a water utility or another person described in subsection
(d);
mails any notice required under subsection (d), it shall also mail to
the department, by certified mail, a list of the names and addresses
of each water utility or other person to whom it has mailed the
notice under subsection (d).
(f) In addition to the mailed notice required under subsection
(c), the department shall publish notice of the request, in
accordance with IC 5-3-1, in each county:
(1) in which a person described in section (c)(1) is located;
(2) in which the affected reservoir is located;
(3) in which the water sought in the request would be used;
and
(4) in which a water utility or other person included in a list
received by the department under subsection (e) is located.
Notwithstanding IC 5-3-1-6, in each county in which publication is
required under this subsection, notice shall be published in at least
one (1) general circulation newspaper in the county. The
department may, in its discretion, publish public notices in a
qualified publication (as defined in IC 5-3-1-0.7) or additional
newspapers to provide supplementary notification to the public.
The cost of publishing supplementary notification is a proper
expenditure of the department.
(g) A notice required to be mailed or published under this
section must:
(1) identify the person making the request;
(2) include a brief description of:
(A) the nature of the pending request;
(B) the process by which the commission will determine
whether to enter into a contract with the person making
the request; and
(3) set forth the date, time, and location of the public meeting
required under subsection (h); and
(4) in the case of a notice that is required to be mailed under
subsection (c)(1) or (d), a statement of the recipient's duty to
in turn provide notice to any:
(A) water utility; or
(B) other person;
that purchases water for resale from the recipient, in
accordance with subsection (d).
(h) The advisory council established by IC 14-9-6-1 shall hold a
public meeting in each county in which notice is published under
subsection (f). A public meeting required under this subsection
must include the following:
(1) A presentation by the department describing:
(A) the nature of the pending request; and
(B) the process by which the commission will determine
whether to enter into a contract with the person making
the request.
(2) An opportunity for public comment on the pending
request.
The advisory council may appoint a hearing officer to assist with
a public meeting held under this subsection.
(i) Not later than thirty (30) days after a public meeting is held
under subsection (h), the advisory council shall submit to the
commission a report summarizing the public meeting.
resource allocation and distribution in Indiana.
(2) Appropriate policies governing future water resource
allocation and distribution planning in Indiana.
(c) The committee shall report its finding and recommendations
to the legislative council in an electronic format under IC 5-14-6
not later than November 1, 2007.
____________________________ ____________________________
Representative Welch Senator Gard
Chairperson
____________________________ ____________________________
Representative Koch Senator Simpson
House Conferees Senate Conferees