1. (a) Except as provided in subsection (b) and sections 18.5 and 18.6 of this chapter, the commission may operate in the manner provided in this chapter only in the geographic area within and extending one (1) mile from the bank of the west arm of the Little Calumet River and Burns Waterway in Lake County and Porter County. However, to address flooding issues within this geographic area, the commission may operate in the manner provided in this chapter in areas that include tributaries to the Little Calumet River and Burns Waterway, including the Deep River watershed, within Lake County.

2. (b) The commission does not have the power of eminent domain for the construction of marina facilities north of U.S. Highway 12 or south of that point where the west arm of the Little Calumet River meets Burns Waterway. The commission's activities north of U.S. Highway 12 and within and adjacent to Burns Waterway are restricted to those activities that the commission determines to be necessary for the following:

   1. (1) Channeling and maintenance.

   2. (2) Construction of breakwaters.

      [Pre-1995 Recodification Citation: 14-6-29.5-2(a) part.]

As added by P.L.1-1995, SEC.6. Amended by P.L.106-2012, SEC.7; P.L.160-2012, SEC.43.