1. (a) If a petition is filed under IC 36-9-27 for the construction, reconstruction, alteration, repair, or recleaning of a drainage ditch that extends into or within one hundred sixty (160) rods of a freshwater lake and has a bottom depth lower than the average normal water level of the lake, the petition may ask that:

   1. (1) the owners of land abutting or within four hundred forty (440) yards of the shoreline or water line of each lake likely to be affected;
   2. (2) each county in which the lake lies; and

   3. (3) the department;

      participate in the cost of constructing a dam or structure, diversion ditches, pumping stations, or other appurtenances necessary to protect and preserve the water level of the lake.

2. (b) If a request is made in a petition under subsection (a), the court having jurisdiction of the drainage proceedings shall appoint additional viewers as prescribed in this chapter to represent the county and the department. The viewers shall file a separate report on whether a dam, other structure, diversion ditch, pumping station, or other appurtenance is practicable and of public need.

3. (c) If the report of the viewers is in the affirmative, the county surveyor for the drainage project shall include in the report plans and specifications for the improvement and apportion assessments and damages in the same manner as prescribed in this chapter governing raising or maintaining lake levels.

   [Pre-1995 Recodification Citation: 13-2-18-23(a).]

As added by P.L.1-1995, SEC.19. Amended by P.L.57-2013, SEC.16.