1. (a) It is the public policy of the state that low head dams are a threat to:

   1. (1) public safety;
   2. (2) stream ecological processes; and
   3. (3) navigability.

2. (b) It is in the public interest to remove low head dams that are an encroachment on navigable waterways to:

   1. (1) promote public safety for recreational use and enjoyment of the public trust;
   2. (2) avoid adverse effects to fish, wildlife, and botanical resources; and
   3. (3) not impair the navigability of a waterway.

3. (c) A low head dam located on a navigable waterway is an encroachment subject to removal under section 8.2 of this chapter unless it is:

   1. (1) owned and operated by a public utility (as defined by IC 8-1-2-1 (a)) or a municipally owned utility (as defined by IC 8-1-2-1 (h)); or
   2. (2) owned, managed, or operated by the department.

As added by P.L.14-2025, SEC.4.