1. (a) As used in this section, "Little Calumet River basin" means the area and subareas that:

   1. (1) drain into the western arm of the Little Calumet River; and

   2. (2) are certified by the department after consultation with the following:

      1. (A) The county surveyors.
      2. (B) The United States Army Corps of Engineers.

2. (b) If a regulated drain situated within the Little Calumet River basin is included in a flood control project approved by the department:

   1. (1) the drain ceases to be subject to IC 36-9-27 ; and
   2. (2) the agency that constructs and maintains the project on the date the flood control project is approved has the same right-of-entry and right-of-way powers over and upon private land that is given the county surveyor or drainage board under IC 36-9-27-33 .

3. (c) The construction, reconstruction, and maintenance of a drain described in subsection (b) are the responsibility of the agency that constructs and maintains the project.

   [Pre-1995 Recodification Citation: 14-6-29.5-11, Part new.]

As added by P.L.1-1995, SEC.6.