Sec. 9. (a) This section does not apply to a downstream water release from an existing municipal or fire protection impoundment that has not impounded sufficient water for release.

(b) A person may not stretch, place, or set an obstruction, other than a dam, across a waterway of Indiana or boundary waters of the state that prevents fish from ascending or descending a waterway.

(c) A person who owns, operates, or controls a dam:

(1) whose impounded water is withdrawn for municipal, industrial, electrical, agricultural, mining, or any other use; and

(2) across a waterway of Indiana or boundary water of Indiana whose watershed is greater than fifty (50) square miles;

may be required to incorporate into the structure sufficient water storage head to maintain during periods of minimum stream flow a downstream discharge equal to the inflow into the impoundment created by the dam and to maintain a sufficient head of water above the dam to support fish life. A person described in this subsection shall maintain during periods of minimum stream flow a downstream discharge equal to the inflow into the impoundment created by the dam.

(d) An owner of a dam across a waterway of Indiana or boundary water of Indiana whose watershed is greater than fifty (50) square miles may be required to construct and maintain the following:

(1) Fish ladders on the dam sufficient to allow the fish below the dam to pass over the dam into the water above the dam.

(2) A passageway around and over the dam sufficient to allow the upstream and downstream hand-carrying of small boats for the purpose of navigation.

The fish ladders or boat passage shall be constructed in the manner and of the materials that are prescribed by the director.

(e) The department shall enforce and administer this section.

(f) A person who violates this section commits a Class C infraction. Each day that a violation continues constitutes a separate offense.

(g) The remedy afforded by this section does not deprive an aggrieved person from seeking redress by any other remedy:

(1) provided by statute; or

(2) under law.

[Pre-1995 Recodification Citation: 14-2-5-9.]

As added by P.L.1-1995, SEC.15.