Sec. 8.1. (a) It is the public policy of the state that low head dams are a threat to: (1) public safety; (2) stream ecological processes; and (3) navigability. (b) It is in the public interest to remove low head dams that are an encroachment on navigable waterways to: (1) promote public safety for recreational use and enjoyment of the public trust; (2) avoid adverse effects to fish, wildlife, and botanical resources; and (3) not impair the navigability of a waterway. (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) 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) owned, managed, or operated by the department.
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