Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4

Affected: IC 13-11-2-265; IC 13-14; IC 13-15; IC 13-18; IC 13-30

Sec. 49. (a) "Waters", as defined in IC 13-11-2-265, means:

1. (1) the accumulations of water, surface and underground, natural and artificial, public and private; or
2. (2) a part of the accumulations of water;

that are wholly or partially within, flow through, or border upon Indiana.

(b) The term does not include:

1. (1) an exempt isolated wetland;
2. (2) a private pond; or
3. (3) an off-stream pond, reservoir, wetland, or other facility built for reduction or control of pollution or cooling of water before discharge.

(c) The term includes all waters of the United States, as defined in Section 502(7) of the federal Clean Water Act (33 U.S.C. 1362(7)), that are located in Indiana.

(Water Pollution Control Division; 327 IAC 19-2-49; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012; readopted filed Jun 6, 2018, 1:59 p.m.: 20180704-IR-327180171BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)