SB 224

           Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
    SENATE ENROLLED ACT No. 224
   AN ACT to amend the Indiana Code concerning natural and cultural
resources.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 14-8-1-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. Except as otherwise provided,
the definitions in this article apply throughout this title and 312 IAC.
   SECTION 2. IC 14-8-2-20, AS AMENDED BY P.L.99-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 20. "Basin" has the following meaning:
     (1) For purposes of IC 14-13-9, the meaning set forth in
     IC 14-13-9-1.
     (2) For purposes of IC 14-25-1, the meaning set forth in section
     1.2 of IC 14-25-15-1.
     (3) For purposes of IC 14-25-17, the meaning set forth in
     IC 14-25-17-3.
     (4) For purposes of IC 14-30-2, the meaning set forth in
     IC 14-30-2-1.
     (5) For purposes of IC 14-30-3, the meaning set forth in
     IC 14-30-3-1.
     (6) For purposes of IC 14-30-4, the meaning set forth in
     IC 14-30-4-1.
   SECTION 3. IC 14-8-2-48, AS AMENDED BY P.L.251-2023,
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SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 48. (a) "Commission", except as provided in this
section, refers to the natural resources commission.
    (b) "Commission", for purposes of IC 14-13-1, has the meaning set
forth in IC 14-13-1-1.
    (c) "Commission", for purposes of IC 14-13-2, has the meaning set
forth in IC 14-13-2-2.
    (d) "Commission", for purposes of IC 14-13-4, has the meaning set
forth in IC 14-13-4-1.
    (e) "Commission", for purposes of IC 14-13-5, has the meaning set
forth in IC 14-13-5-1.
    (f) "Commission", for purposes of IC 14-13-6, has the meaning set
forth in IC 14-13-6-2.
    (g) "Commission", for purposes of IC 14-13-9, has the meaning set
forth in IC 14-13-9-2.
    (h) "Commission", for purposes of IC 14-20-11, has the meaning set
forth in IC 14-20-11-1.
    (i) "Commission", for purposes of IC 14-28-4, has the meaning set
forth in IC 14-28-4-1.
    (j) "Commission", for purposes of IC 14-30-2, IC 14-30-6, has the
meaning set forth in IC 14-30-2-2. IC 14-30-6-1.
    (k) "Commission", for purposes of IC 14-30-3, IC 14-30-7-1, has
the meaning set forth in IC 14-30-3-2. IC 14-30-7-1.
    (l) "Commission", for purposes of IC 14-30-4, IC 14-30-7-2, has the
meaning set forth in IC 14-30-4-2. IC 14-30-7-2.
    (m) "Commission", for purposes of IC 14-30-7-3, has the
meaning set forth in IC 14-30-7-3.
    (m) (n) "Commission", for purposes of IC 14-30.5, has the meaning
set forth in IC 14-30.5-1-2.
    (n) (o) "Commission", for purposes of IC 14-33-20, has the meaning
set forth in IC 14-33-20-2.
    SECTION 4. IC 14-8-2-57 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 57. "Corporation", for purposes of IC 14-12-3, has the
meaning set forth in IC 14-12-3-1.
    SECTION 5. IC 14-8-2-86.2, AS ADDED BY P.L.251-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 86.2. "Executive", for purposes of IC 14-30-3-33
and IC 14-30.5, has the meaning set forth in IC 14-30.5-1-4.
    SECTION 6. IC 14-8-2-107, AS AMENDED BY P.L.127-2022,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 107. "Fund" has the following meaning:
       (1) For purposes of IC 14-9-5, the meaning set forth in
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   IC 14-9-5-1.
   (2) For purposes of IC 14-9-8-21, the meaning set forth in
   IC 14-9-8-21.
   (3) For purposes of IC 14-9-8-21.5, the meaning set forth in
   IC 14-9-8-21.5.
   (4) For purposes of IC 14-9-9, the meaning set forth in
   IC 14-9-9-3.
   (5) For purposes of IC 14-12-1, the meaning set forth in
   IC 14-12-1-1.
   (6) For purposes of IC 14-12-2, the meaning set forth in
   IC 14-12-2-2.
   (7) For purposes of IC 14-12-3, the meaning set forth in
   IC 14-12-3-2.
   (8) (7) For purposes of IC 14-13-1, the meaning set forth in
   IC 14-13-1-2.
   (9) (8) For purposes of IC 14-13-2, the meaning set forth in
   IC 14-13-2-3.
   (10) (9) For purposes of IC 14-16-1, the meaning set forth in
   IC 14-16-1-30.
   (11) (10) For purposes of IC 14-19-8, the meaning set forth in
   IC 14-19-8-1.
   (12) (11) For purposes of IC 14-19-11, the meaning set forth in
   IC 14-19-11-3.1.
   (13) (12) For purposes of IC 14-20-11, the meaning set forth in
   IC 14-20-11-2.
   (14) (13) For purposes of IC 14-22-3, the meaning set forth in
   IC 14-22-3-1.
   (15) (14) For purposes of IC 14-22-4, the meaning set forth in
   IC 14-22-4-1.
   (16) (15) For purposes of IC 14-22-5, the meaning set forth in
   IC 14-22-5-1.
   (17) (16) For purposes of IC 14-22-8, the meaning set forth in
   IC 14-22-8-1.
   (18) (17) For purposes of IC 14-22-34, the meaning set forth in
   IC 14-22-34-2.
   (19) (18) For purposes of IC 14-23-3, the meaning set forth in
   IC 14-23-3-1.
   (20) (19) For purposes of IC 14-25-2-4, the meaning set forth in
   IC 14-25-2-4.
   (21) (20) For purposes of IC 14-25-10, the meaning set forth in
   IC 14-25-10-1.
   (22) (21) For purposes of IC 14-25.5, the meaning set forth in
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     IC 14-25.5-1-3.
     (23) (22) For purposes of IC 14-31-2, the meaning set forth in
     IC 14-31-2-5.
     (24) (23) For purposes of IC 14-25-12, the meaning set forth in
     IC 14-25-12-1.
     (25) (24) For purposes of IC 14-32-8, the meaning set forth in
     IC 14-32-8-1.
     (26) (25) For purposes of IC 14-33-14, the meaning set forth in
     IC 14-33-14-3.
     (27) (26) For purposes of IC 14-33-21, the meaning set forth in
     IC 14-33-21-1.
     (28) (27) For purposes of IC 14-34-6-15, the meaning set forth in
     IC 14-34-6-15.
     (29) (28) For purposes of IC 14-34-14, the meaning set forth in
     IC 14-34-14-1.
     (30) (29) For purposes of IC 14-34-19-1.3, the meaning set forth
     in IC 14-34-19-1.3(a).
     (31) (30) For purposes of IC 14-34-19-1.5, the meaning set forth
     in IC 14-34-19-1.5(a).
     (32) (31) For purposes of IC 14-37-10, the meaning set forth in
     IC 14-37-10-1.
    SECTION 7. IC 14-8-2-159 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 159. "Maumee River
basin", for purposes of IC 14-30-2, IC 14-30-6 and IC 14-30-7, has the
meaning set forth in IC 14-30-2-3. IC 14-30-7-1.
    SECTION 8. IC 14-8-2-170 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 170. "Municipal corporation", for purposes of IC 14-12-3,
has the meaning set forth in IC 14-12-3-3.
    SECTION 9. IC 14-8-2-198 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 198. "Participating
county" has the following meaning:
     (1) For purposes of IC 14-30-2, IC 14-30-6, the meaning set forth
     in IC 14-30-2-4. IC 14-30-6-1.
     (2) For purposes of IC 14-30-3, IC 14-30-7-1, the meaning set
     forth in IC 14-30-3-3. IC 14-30-7-1.
     (3) For purposes of IC 14-30-4, IC 14-30-7-2, the meaning set
     forth in IC 14-30-4-3. IC 14-30-7-2.
     (4) For purposes of IC 14-30-7-3, the meaning set forth in
     IC 14-30-7-3.
    SECTION 10. IC 14-8-2-206 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 206. "Plan", has the
following meaning:
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      (1) for purposes of IC 14-21-1, has the meaning set forth in
      IC 14-21-1-8.
      (2) For purposes of IC 14-30-2, the meaning set forth in
      IC 14-30-2-5.
      (3) For purposes of IC 14-30-4, the meaning set forth in
      IC 14-30-4-4.
    SECTION 11. IC 14-8-2-208, AS AMENDED BY P.L.138-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 208. "Political subdivision" has the following
meaning:
      (1) For purposes of IC 14-12-1, the meaning set forth in
      IC 14-12-1-2.
      (2) For purposes of IC 14-13-2, and IC 14-30-3, the meaning set
      forth in IC 36-1-2-13.
      (3) For purposes of IC 14-32-8, the meaning set forth in
      IC 14-32-8-2.
    SECTION 12. IC 14-8-2-216 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 216. (a) "Program", for
purposes of IC 14-12-3, has the meaning set forth in IC 14-12-3-4.
    (b) (a) "Program", for purposes of IC 14-23-6.5, has the meaning set
forth in IC 14-23-6.5-1.
    (c) (b) "Program", for purposes of IC 14-32-8, has the meaning set
forth in IC 14-32-8-3.
    SECTION 13. IC 14-8-2-263 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 263. "St. Joseph River
basin", for purposes of IC 14-30-3, IC 14-30-6 and IC 14-30-7, has the
meaning set forth in IC 14-30-3-4. IC 14-30-7-2.
    SECTION 14. IC 14-8-2-291.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 291.5. "Upper Wabash
River basin", for purposes of IC 14-30-4, IC 14-30-6 and IC 14-30-7,
has the meaning set forth in IC 14-30-4-5. IC 14-30-7-3.
    SECTION 15. IC 14-8-2-320 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 320. "Wildlife" has the
following meaning:
      (1) For purposes of IC 14-22, except as provided in subdivision
      (2), means all wild birds, fish, crustaceans, mollusks,
      amphibians, reptiles, and wild mammals.
      (2) For purposes of IC 14-22-34, the meaning set forth in
      IC 14-22-34-6.
    SECTION 16. IC 14-10-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7. (a) The commission
shall have at least four (4) regular meetings in each fiscal year and as
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many additional or special meetings as the commission's business,
powers, or duties require.
    (b) The chairman:
      (1) may call a special meeting; and
      (2) shall call a special meeting at the request of any five (5)
      members.
    (c) A:
      (1) meeting of the commission; or
      (2) public hearing;
is subject to IC 5-14-1.5.
    SECTION 17. IC 14-10-2-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 9. (a) A person who wishes to obtain judicial review
of a final agency action under this title must serve copies of a
petition for judicial review upon:
      (1) each person described in IC 4-21.5-5-8; and
      (2) the following persons under IC 4-21.5-5-8(a)(4):
         (A) If the department or the state historic preservation
         review board is a party to a proceeding, a copy of the
         petition required under IC 4-21.5-5-8(a)(4) must be served
         upon the department or state historic preservation review
         board, as applicable, to the address published on the
         website of the department.
         (B) If the Indiana board of licensure for professional
         geologists is a party to a proceeding, a copy of the petition
         required under IC 4-21.5-5-8(a)(4) must be served upon
         the Indiana board of licensure for professional geologists
         at the address published on the website of the state
         geologist.
         (C) If the Indiana board of registration for soil scientists is
         a party to a proceeding, a copy of the petition required
         under IC 4-21.5-5-8(a)(4) must be served upon the Indiana
         board of registration for soil scientists to the address
         published on the website of the office of the state chemist.
    (b) The following agencies shall publish their office address on
their official website so a person may serve copies of judicial
review:
      (1) The department.
      (2) The state geologist.
      (3) The office of the state chemist.
    SECTION 18. IC 14-11-2-1, AS AMENDED BY P.L.246-2005,
SECTION 116, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2026]: Sec. 1. (a) The department may adopt
rules under IC 4-22-2 for the conduct of the following:
      (1) Department meetings.
      (2) Upon the recommendation of the director, the work of the
      department and the divisions.
   (b) The department may not adopt rules under IC 4-22-2 for the
establishment of fees for the following:
      (1) Programs of the department or the commission.
      (2) Facilities owned or operated by the department or the
      commission or a lessee of the department or commission.
      (3) Licenses issued by the commission, the department, or the
      director.
      (4) Inspections or other similar services under this title performed
      by the department or an assistant or employee of the department.
   (c) The director shall:
      (1) adopt provisional rules under IC 4-22-2-37.1;
      (2) adopt interim rules under IC 4-22-2-37.2; and
      (3) approve for preliminary adoption rules for readoption
      under IC 4-22-2.6 that do not contain changes to the rules.
   SECTION 19. IC 14-11-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. A person who
violates a rule adopted under this chapter commits a Class C infraction,
unless otherwise specified by law.
   SECTION 20. IC 14-11-4-1, AS AMENDED BY P.L.89-2016,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter applies to applications for licenses
under the following:
      (1) IC 14-26-2 (lake preservation).
      (2) IC 14-26-5 (dams). (lowering of Ten Acre Lake).
      (3) IC 14-27 (levees, dams, and drainage).
      (3) (4) IC 14-28-1 (flood control).
      (5) IC 14-29-1 (permanent structures along Lake Michigan
      only).
      (4) (6) IC 14-29-3 (removal of substances from streams). (sand
      and gravel permits).
      (5) (7) IC 14-29-4 (construction of channels).
   SECTION 21. IC 14-12-3 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Hometown Indiana Grant Program).
   SECTION 22. IC 14-13-6-20, AS AMENDED BY P.L.118-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 20. The commission may use the Wabash River
heritage corridor commission fund to pay:
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       (1) reimbursement of the expenses of members under section 13
       of this chapter;
       (2) other administrative costs and expenses reasonably incurred
       under this chapter, including expenses for publications and
       postage; and
       (3) costs incurred in fulfilling the directives of the Wabash River
       heritage corridor commission master plan, including multicounty
       projects and marketing and educational tools such as video tape
       productions, signs, and promotional literature.
However, the commission may not use money in the fund for the upper
Wabash River basin commission established by IC 14-30-4-6.
IC 14-30-6.
    SECTION 23. IC 14-13-6-23, AS ADDED BY P.L.69-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 23. (a) The Wabash River heritage corridor fund
is established for the purpose of:
       (1) providing grants to aid the sustainable development of
       property under the Wabash River heritage corridor commission
       master plan and purposes of the commission; and
       (2) paying costs incurred in fulfilling the directives of the Wabash
       River heritage corridor commission master plan, including
       multicounty projects.
However, the commission may not use money in the fund for the upper
Wabash River basin commission established by IC 14-30-4-6.
IC 14-30-6.
    (b) The fund shall be administered by the director under the
direction of the commission.
    (c) The expenses of administering the fund shall be paid from
money in the fund.
    (d) The fund consists of the following:
       (1) Appropriations made by the general assembly.
       (2) Interest as provided in subsection (e).
       (3) Funds deposited under IC 14-38-1-13(d).
       (4) Money donated to the fund.
       (5) Money transferred to the fund from other funds.
    (e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
    (f) Money in the fund at the end of a fiscal year does not revert to
the state general fund.
    (g) Money in the fund is annually appropriated to the department of
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natural resources for its use in fulfilling the purposes of this section.
    SECTION 24. IC 14-15-3-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 19. Provisions of this
chapter concerning the operation of boats or motorboats apply as
follows:
      (1) Whether or not the boat or motorboat is towing a water ski, a
      watersled, an aquaplane, or a similar object, including a person on
      the water ski, watersled, aquaplane, or similar any object.
      (2) To each object and person.
    SECTION 25. IC 14-15-3-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 20. A person operating
a motorboat may not tow a water ski, a watersled, a wakeboard,
barefoot water skis, an aquaplane, or a similar object, including a
person on the waterski, watersled, wakeboard, barefoot water skis,
aquaplane, or similar object, unless:
      (1) the motorboat is occupied by at least one (1) other person who
      is giving the person's entire attention to watching the object,
      wakeboard, or person towed; and
      (2) the person operating the boat is giving the person's entire
      attention to the operation of the boat.
    SECTION 26. IC 14-15-4-2, AS AMENDED BY P.L.111-2016,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The operator of a boat involved in an
accident or a collision resulting in: shall provide the information
required under subsection (b) if the following conditions occur:
      (1) Injury to or death of a person. or
      (2) Damage to a boat or other property to an apparent extent of at
      least the greater of: seven hundred fifty dollars ($750);
shall provide the information required under subsection (b).
          (A) two thousand dollars ($2,000); or
          (B) the amount for assessed damage under the United
          States Department of Homeland Security Boating Accident
          Report Database (BARD).
    (b) An operator of a boat subject to subsection (a) shall do the
following:
      (1) Give notice of the accident to:
          (A) the office of the sheriff of the county;
          (B) the nearest state police post; or
          (C) the central dispatch center for the law enforcement
          division of the department;
      immediately and by the quickest means of communication.
      (2) Mail to the department a written report of the accident or
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      collision within twenty-four (24) hours of the accident or
      collision.
    SECTION 27. IC 14-16-1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 24. (a) The operator of
a vehicle involved in an accident resulting in serious bodily injury to
or death of an individual or property damage in an estimated amount
of at least seven hundred fifty dollars ($750) two thousand five
hundred dollars ($2,500) shall immediately, by the quickest means of
communication, notify at least one (1) of the following:
      (1) A state police officer or conservation officer.
      (2) The sheriff's office of the county where the accident occurred.
      (3) The office of the police department of the municipality where
      the accident occurred.
    (b) The police agency receiving the notice shall do the following:
      (1) Complete a report of the accident on forms prescribed by the
      director.
      (2) Forward the report to the director.
    SECTION 28. IC 14-21-1-25.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 25.1. An application for approval
of a development plan under section 26.5 of this chapter must be
filed with the division and include the following:
      (1) A signed cover letter from the applicant on letterhead with
      the following information:
         (A) The identity of the person who will conduct the project.
         (B) The overall nature and time frame of the project.
         (C) The location of the project by section, township, range,
         county, and address.
         (D) Information regarding any prior disturbance to the
         area.
         (E) A statement regarding whether federal or state funds
         or licenses are involved in the project.
      (2) Mapping to show the location of the burial ground or
      cemetery in relation to the project that includes the following:
         (A) Construction details for any activity within one
         hundred (100) feet of the burial ground or cemetery.
         (B) References to nearby landmarks.
         (C) The location of the burial ground or cemetery and the
         project area on the appropriate U.S. Geological Survey
         U.S. TOPO: Maps for America.
      (3) A description of the burial ground or cemetery sufficient
      to evaluate the likely impact of the project, including the
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   following:
      (A) Any name of the burial ground or cemetery.
      (B) The dates the burial ground or cemetery has been used.
      (C) Historical information and documentation.
      (D) Precise boundaries that reference nearby landmarks.
      If documentation is not available to identify the burial
      ground or cemetery boundaries, the applicant may be
      required to determine those boundaries through the
      following:
        (i) Remote sensing.
        (ii) Investigations by archeologists.
        (iii) Another scientific method approved by the division.
      (E) The physical condition of the burial ground or
      cemetery.
   (4) A description of the grounds adjacent to and within one
   hundred (100) feet of the burial ground or cemetery, including
   the following:
      (A) The nature, depth, and degree of previous
      disturbances, including those caused by:
        (i) construction;
        (ii) excavation;
        (iii) grading; or
        (iv) filling.
      (B) A description of soil, by type, present at the site,
      including an explanation of how the soil would be:
        (i) disturbed;
        (ii) graded;
        (iii) modified;
        (iv) removed; or
        (v) otherwise treated.
      (C) A description of each structure.
      (D) A description of the activities anticipated to:
        (i) erect;
        (ii) alter; or
        (iii) repair;
      a structure.
      (E) Each area that may contain new construction in
      connection with the proposed construction areas.
   (5) Recent photographs of the burial ground or cemetery and
   the grounds adjacent to and within one hundred (100) feet of
   the burial ground or cemetery.
  SECTION 29. IC 14-21-1-25.5 IS REPEALED [EFFECTIVE JULY
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1, 2026]. Sec. 25.5. (a) If a Native American Indian burial ground is
discovered, the department shall immediately provide notice to the
Native American Indian affairs commission established by IC 4-23-32.
    (b) If Native American Indian human remains are removed from a
burial ground, the department shall provide the following to the Native
American Indian affairs commission:
      (1) Any written findings or reports that result from the analysis
      and study of the human remains.
      (2) Written notice to the Native American Indian affairs
      commission that the analysis and study of the human remains are
      complete.
    (c) After receiving written notice under subsection (b)(2), the Native
American Indian affairs commission shall make recommendations to
the department regarding the final disposition of the Native American
Indian human remains.
    SECTION 30. IC 14-22-6-4, AS AMENDED BY P.L.144-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) For purposes of this section, a trap is
designed to capture and kill a furbearing animal if the animal's death
is the result of:
      (1) submerging the animal in water; or
      (2) crushing or asphyxiating the animal.
    (b) A person may not do the following:
      (1) Tend or visit a trap or remove a furbearing animal from a trap
      that is not the person's property without the permission of the
      owner.
      (2) For a trap that is designed to capture but not kill a furbearing
      animal:
          (A) fail to tend or visit; or have tended or visited a trap and
          (B) remove a furbearing animal from;
      a trap that is the person's property within a period not exceeding
      twenty-four (24) hours.
      (3) For a trap that is designed to capture and kill a furbearing
      animal:
          (A) fail to tend or visit; or have tended or visited a trap and
          (B) remove a furbearing animal from;
      a trap that is the person's property within a period not exceeding
      forty-eight (48) hours.
    (c) The department shall publish a recommendation that the best
practice to comply with this section is to tend or visit, or have tended
or visited a furbearing trap that is the person's property within a period
not to exceed twenty-four (24) hours.
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                                   13
    SECTION 31. IC 14-22-10-2, AS AMENDED BY P.L.113-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) As used in this section and section 2.5 of
this chapter, "governmental entity" means any of the following:
      (1) The government of the United States of America.
      (2) The state.
      (3) A county.
      (4) A city.
      (5) A town.
      (6) A township.
      (7) The following, if created by the Constitution of the United
      States, the Constitution of the State of Indiana, a statute, an
      ordinance, a rule, or an order:
         (A) An agency.
         (B) A board.
         (C) A commission.
         (D) A committee.
         (E) A council.
         (F) A department.
         (G) A district.
         (H) A public body corporate and politic.
    (b) As used in this section and section 2.5 of this chapter, "monetary
consideration" means a fee or other charge for permission to go upon
a tract of land. The term does not include:
      (1) the gratuitous sharing of game, fish, or other products of the
      recreational use of the land;
      (2) services rendered for the purpose of wildlife management; or
      (3) contributions in kind made for the purpose of wildlife
      management.
    (c) As used in this section and section 2.5 of this chapter, "owner"
means a governmental entity or another person that:
      (1) has a fee interest in;
      (2) is a tenant, a lessee, or an occupant of; or
      (3) is in control of;
a tract of land.
    (d) A person who goes upon or through the premises, including
caves, of another:
      (1) with or without permission; and
      (2) either:
         (A) without the payment of monetary consideration; or
         (B) with the payment of monetary consideration directly or
         indirectly on the person's behalf by an agency of the state or
SEA 224 — Concur
                                   14
          federal government;
for the purpose of swimming, camping, hiking, sightseeing, exercising,
cycling, or accessing or departing from a trail, a greenway, or another
similar area, or for any other purpose (other than the purposes
described in section 2.5 of this chapter) does not have an assurance that
the premises are safe for the purpose. is subject to the limitations of
liability granted to the owner of the premises described in
subsection (e).
    (e) The owner of the premises does not
       (1) assume responsibility; or
       (2) incur liability;
for an injury to a person or property caused by an act or failure to act
of other persons using the premises. assume responsibility or incur
liability for an injury or damage to a:
       (1) person caused by:
          (A) an act; or
          (B) the failure to act;
       of another person using the premises;
       (2) person caused by a condition on the land; or
       (3) person's property caused by:
          (A) the act of another person using the premises; or
          (B) a condition on the land.
    (f) This section does not affect the following:
       (1) Existing Indiana case law on the liability of owners or
       possessors of premises with respect to the following:
          (A) Business invitees in commercial establishments.
          (B) Invited guests.
       (1) Business invitees in for-profit establishments.
       (2) The attractive nuisance doctrine.
    (g) This section does not excuse the owner or occupant of premises
from liability for injury to a person or property caused by a malicious
or an illegal act of the owner or occupant.
    (h) This section does not apply to a parcel of land assessed as
residential land.
    SECTION 32. IC 14-22-10-2.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2.5. (a) A person who
goes upon or through the premises, including caves, of another:
       (1) with or without permission; and
       (2) either:
          (A) without the payment of monetary consideration; or
          (B) with the payment of monetary consideration directly or
          indirectly on the person's behalf by an agency of the state or
SEA 224 — Concur
                                   15
          federal government;
for the purpose of hunting, fishing, trapping, or preparing to hunt, fish,
or trap, does not have an assurance that the premises are safe for that
purpose.
    (b) The owner of the premises does not:
      (1) assume responsibility; or
      (2) incur liability;
for an injury to a person or property caused by an act or failure to act
of other persons using the premises.
    (c) This section does not affect Indiana case law on the liability of
owners or possessors of premises with respect to the following:
      (1) Business invitees in commercial establishments.
      (2) The attractive nuisance doctrine.
    (d) This section does not excuse the owner or occupant of premises
from liability for injury to a person or property caused by a malicious
or an illegal act of the owner or occupant.
    (e) This section does not apply to a parcel of land assessed as
residential land.
    SECTION 33. IC 14-22-15.5-7 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 7. An individual who acts as a hunting guide without a
hunting guide license in violation of section 2 of this chapter commits
a Class B infraction.
    SECTION 34. IC 14-23-6.6-7, AS ADDED BY P.L.124-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) Subject to subsection (b), a certified
prescribed burn manager who conducts the prescribed burning in
accordance with section 6 of this chapter is immune from civil liability
for harm caused by the:
      (1) prescribed burn; or
      (2) smoke produced by the prescribed burn.
    (b) The immunity described in subsection (a) does not apply if the
harm was the result of the certified prescribed burn manager's:
      (1) negligence; or
      (2) willful and wanton misconduct.
    (c) Subject to subsection (d), a landowner or landowner's agent who
conducts prescribed burning on the landowner's property in accordance
with section 6 of this chapter is immune from civil liability for harm
caused by the:
      (1) prescribed burn; or
      (2) smoke produced by the prescribed burn.
    (d) The immunity described in subsection (c) does not apply if the
harm was the result of the:
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                                 16
     (1) negligence of the landowner or the landowner's agent; or
     (2) willful and wanton misconduct of the landowner or the
     landowner's agent.
   (e) The division of forestry's department's officers, agents, and
employees are immune from civil liability, in accordance with
IC 34-13-3, arising out of any of the following:
     (1) Participation in planning, undertaking, or assisting with
     prescribed burning.
     (2) Administration of the prescribed burn certification program,
     including revocation of prescribed burn certifications issued
     under the program.
   SECTION 35. IC 14-30-2 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Maumee River Basin Commission).
   SECTION 36. IC 14-30-3 IS REPEALED [EFFECTIVE JULY 1,
2026]. (St. Joseph River Basin Commission).
   SECTION 37. IC 14-30-4 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Upper Wabash River Basin Commission).
   SECTION 38. IC 14-30-6 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
   Chapter 6. River Basin Commission Administration
   Sec. 1. For purposes of this chapter, the following definitions
apply:
     (1) "Commission" refers to a river basin commission
     established by section 2 of this chapter.
     (2) "Participating county" refers to a county that:
        (A) joins a commission under section 4 of this chapter; and
        (B) has territory within the commission.
   Sec. 2. (a) The following river basin commissions are
established:
     (1) The Maumee River basin commission.
     (2) The St. Joseph River basin commission.
     (3) The Upper Wabash River basin commission.
   (b) After consulting with the surveyor of each county in a river
basin, the director shall certify the boundaries of a commission
established by subsection (a). However, a river basin commission
established by subsection (a)(1), (a)(2), or (a)(3) is not required to
recertify the commission's boundaries under this subsection.
   Sec. 3. A commission established by this chapter:
     (1) is a separate municipal corporation; and
     (2) may sue and be sued.
   Sec. 4. The executive of a county that includes territory in a
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                                 17
commission may do the following:
     (1) Elect to participate in the commission by designating the
     county as a participating county.
     (2) Revoke the designation described in subdivision (1).
   Sec. 5. (a) Except as provided in subsection (d), the following
shall serve as voting members of the commission:
     (1) A member of the county executive for a participating
     county.
     (2) The executive director or, if a county does not have an
     executive director, the chairman or manager of a soil and
     water conservation district that:
         (A) is subject to IC 14-32;
         (B) includes territory in a participating county; and
         (C) includes territory in the basin.
     (3) The county surveyor of each participating county.
   (b) In addition to the members required under subsection (a),
the required members of a commission may appoint the following
voting members:
     (1) Each member of the county executive for a participating
     county.
     (2) The executive of each second class city within the territory
     of the commission.
     (3) If a participating county does not have a second class city,
     the executive of the municipality with the largest population
     located within the territory of the basin.
     (4) A participating county's health officer.
     (5) A representative of each soil and water conservation
     district that:
         (A) is subject to IC 14-32;
         (B) includes territory in a participating county; and
         (C) includes territory in the basin.
     (6) A representative of the department of natural resources.
     However, the representative may not be an employee or
     elected official of a city, town, or county governmental unit.
   (c) A representative described in subsection (b)(5) or (b)(6):
     (1) is chosen by the entity being represented;
     (2) serves a three (3) year term;
     (3) is eligible for reappointment; and
     (4) continues until a successor is appointed.
   (d) A commission that exists on or before June 30, 2026, retains
the commission's existing voting members.
   Sec. 6. (a) A member of the commission may:
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                                18
     (1) designate another individual to perform the duties of the
     member on the commission; and
     (2) revoke the designation described in subdivision (1).
   (b) A designation or a revocation of a designation under this
section must be filed with the commission to be effective.
   Sec. 7. (a) A commission shall annually elect from among the
voting members the following officers:
     (1) A chairperson.
     (2) A vice chairperson.
     (3) A secretary.
     (4) A treasurer.
   (b) The officers elected under subsection (a) shall perform the
duties specified in the commission's bylaws.
   (c) A commission may establish other offices, including an
executive director, and determine the means for filling the offices.
Any salary or benefits provided to the individual must be paid by
the commission that establishes the office.
   Sec. 8. (a) Either:
     (1) the commission; or
     (2) a participating county;
but not both, may pay its members reimbursement for traveling
expenses and other expenses actually incurred in connection with
the member's duties as provided in the state travel policies and
procedures established by the Indiana department of
administration and approved by the budget agency. Money paid
under subdivision (1) may only be paid from money available to
the commission at the time of reimbursement.
   (b) A county may pay members of a commission the salary per
diem provided by IC 4-10-11-2.1(b) for the performance of the
member's duties on the commission.
   Sec. 9. (a) A commission shall meet at least four (4) times each
calendar year.
   (b) The following may call a meeting:
     (1) The chairperson.
     (2) The executive director.
     (3) A quorum of the commission's members.
   (c) A commission shall adopt bylaws specifying a quorum
requirement.
   (d) A member may waive notice of any meeting by filing a
written waiver with the secretary of the commission.
   Sec. 10. (a) A commission may do the following:
     (1) Manage the commission's internal affairs.
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                                 19
     (2) Employ staff.
     (3) Subject to section 12 of this chapter, enter into contracts
     for purposes of this chapter.
     (4) Exercise the powers of a political subdivision specified in
     a cooperative agreement described in section 12 of this
     chapter.
     (5) Provide a forum for the discussion, study, and evaluation
     of water resource issues of common concern in the river
     basin.
     (6) Facilitate and foster cooperative planning and coordinated
     management of the basin's water and related land resources.
     (7) Develop positions on major water resource issues and
     serve as an advocate of the basin's interests before Congress
     and federal, state, and local governmental agencies.
     (8) Develop plans and tools to improve water quality or
     mitigate flooding in the basin.
     (9) Publicize, advertise, and distribute reports on the
     commission's purposes, objectives, studies, and findings.
     (10) When requested, make recommendations in matters
     related to the commission's functions and objectives to
     political subdivisions in the basin and to other public and
     private agencies.
     (11) When requested, act as a coordinating agency for
     programs and activities of other public and private agencies
     that are related to the commission's objectives.
     (12) Invite government officials of other states within the river
     basin to:
         (A) attend the commission's meetings; and
         (B) advise the commission upon the commission's request.
   (b) A commission may not exercise any of the powers described
in subsection (a) within a nature preserve (as defined in
IC 14-31-1).
   (c) This section does not exempt the commission from any other
statute.
   Sec. 11. A commission shall do the following:
     (1) Keep a record of the commission's resolutions,
     transactions, and findings. A record under this subdivision is
     a public record.
     (2) Make an annual report of the commission's activities to
     the executive of each participating county. The commission
     shall upon request make an annual report to the following:
         (A) The governor.
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                                 20
         (B) Any member of the general assembly.
     (3) Prepare and adopt an annual budget.
     (4) Submit the budget described in subdivision (3) to the
     executive of each participating county and, upon request,
     make the budget available to each agency appropriating
     money to the commission.
   Sec. 12. (a) A political subdivision in a participating county may
under IC 36-1-7 enter into a cooperative agreement with a
commission and at least one (1) other legal entity, including a legal
entity in another state.
   (b) If a commission intends to enter into a cooperative
agreement under subsection (a), the commission shall post public
notice of the proposed cooperative agreement at least ten (10)
business days before the meeting at which the cooperative
agreement is scheduled to be voted on by the commission.
   (c) Before a commission may vote on the cooperative agreement
under this section, the cooperative agreement must be approved by
the department.
   Sec. 13. A commission may adopt a resolution to do any one (1)
or more of the following:
     (1) Require that increased water runoff resulting from new
     construction be impounded on the construction site.
     (2) Permit the requirement of onsite water impoundment
     under subdivision (1) to be waived upon payment of a
     reasonable fee by the developer of the new construction.
     (3) Restrict construction within the one hundred (100) year
     flood plains of the river basin.
   Sec. 14. (a) The commission may establish an executive board
consisting of the following:
     (1) The chairperson of the commission.
     (2) One (1) member from each participating county that is not
     represented by the chairperson, to be chosen in a manner
     prescribed by the commission's bylaws.
   (b) The commission may delegate to the executive board the
power to do the following:
     (1) Recommend agenda items and activities to the
     commission.
     (2) Conduct hearings on proposed commission projects.
     (3) Perform other administrative duties assigned by the
     commission.
   Sec. 15. (a) The commission may appoint an advisory committee
to assist the commission.
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                                21
   (b) A member of an advisory committee is not entitled to
compensation for serving on the advisory committee.
   Sec. 16. The commission may adopt a bylaw to govern member
participation in:
      (1) a commission's; or
      (2) an executive board's;
meeting by electronic communication.
   Sec. 17. (a) A commission may receive grants and
appropriations from the following:
      (1) Federal, state, and local governments.
      (2) Individuals, foundations, and other organizations.
However, a commission is not eligible for funding through the
Wabash River heritage corridor commission established by
IC 14-13-6-6.
   (b) The commission may enter into an agreement or contract
regarding the acceptance or use of the grants and appropriations
described in subsection (a) for the purpose of carrying out the
commission's activities under this chapter.
   Sec. 18. (a) A participating county may budget, appropriate, and
disburse money to carry out the purposes of the commission under
this chapter.
   (b) The appropriation from the participating county that is
needed for all or part of the commission's budget must be either:
      (1) apportioned among the participating counties in direct
      relationship to the amount of land area in each participating
      county certified under section 2 of this chapter; or
      (2) divided equally among the participating counties.
   (c) The appropriation that is needed under subsection (b) shall
be presented to the county executive at the same time that budgets
are presented by county officers.
   Sec. 19. (a) The commission shall make expenditures only as
budgeted. However, the commission may revise the budget at any
time to authorize unbudgeted expenditures.
   (b) Any appropriated amounts remaining unexpended or
unencumbered at the end of the fiscal year become part of a
nonreverting cumulative fund to be held in the name of the
commission. The commission may authorize unbudgeted
expenditures from this fund.
   (c) The commission is responsible for the safekeeping and
deposit of money the commission receives under this chapter. The
state board of accounts shall:
      (1) prescribe the methods and forms for keeping; and
SEA 224 — Concur
                                 22
     (2) periodically audit;
the accounts, records, and books of the commission.
   (d) The treasurer of the commission may receive, disburse, and
handle money belonging to the commission, subject to the
following:
     (1) Applicable statutes.
     (2) Procedures established by the commission.
   Sec. 20. (a) For the purposes of this chapter, the commission
may do the following:
     (1) Acquire by grant, gift, purchase, or devise, and dispose of,
     conservation easements under IC 32-23-5 in land:
         (A) within; or
         (B) adjacent to if part of the same parcel;
     the one hundred (100) year flood plains and the wetlands in
     the basin.
     (2) Acquire, by grant, gift, purchase, or devise, improvements:
         (A) within; or
         (B) adjacent to if part of the same parcel;
     the one hundred (100) year flood plains of the basin for the
     purpose of removing those improvements.
     (3) Acquire, dispose of, hold, use, improve, maintain, operate,
     own, manage, or lease real or personal property by grant, gift,
     purchase, or devise for the purposes of this chapter.
   (b) The commission may exercise the powers granted by this
section as follows:
     (1) For purposes of IC 32-23-5.
     (2) To contribute to the following:
         (A) Flood mitigation.
         (B) Flood damage reduction.
         (C) Improvements in water quality.
         (D) Soil conservation.
   Sec. 21. (a) The commission, the executive board, or employees
or authorized representatives of the commission acting under this
chapter may:
     (1) enter the land lying within the one hundred (100) year
     flood plain of any watercourse in the river basin; and
     (2) enter land lying outside the one hundred (100) year flood
     plain to gain access to land lying within the one hundred (100)
     year flood plain in the river basin;
if necessary to investigate, examine, or survey the land or
investigate suspected violations of the Indiana flood control laws.
   (b) The commission must give twenty-one (21) days written
SEA 224 — Concur
                                 23
notice to:
     (1) an owner of the affected land;
     (2) a contract purchaser of the affected land; or
     (3) if the land is municipal property (as described in
     IC 6-1.1-10-5(a)), the executive of the municipality;
before exercising the right to enter land under this section. The
notice must state the purpose of the entry and that there is a right
of appeal under this section.
   (c) A person described in subsection (b)(1) through (b)(3) may,
within the twenty-one (21) day notice period required by
subsection (b), appeal the proposed entry under subsection (a) to
the commission on the grounds that the proposed entry is not
necessary. If a person appeals under this subsection, the
commission shall hold a hearing on the necessity of the entry before
the right of entry is exercised.
   (d) A person entering land under this section must use due care
to avoid damage to:
     (1) crops; or
     (2) fences, buildings, and other structures.
   (e) Neither the commission, the executive board, nor employees
or authorized representatives of the commission acting under this
chapter commits criminal trespass under IC 35-43-2-2 by entering
land described in subsection (a) for a purpose set forth in
subsection (a).
   SECTION 39. IC 14-30-7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
   Chapter 7. Conversion to Watershed Development Commission
   Sec. 1. (a) For purposes of this section, the following definitions
apply:
     (1) "Commission" refers to the Maumee River basin
     commission.
     (2) "Maumee River basin" means the area in Adams County,
     Allen County, DeKalb County, Noble County, Steuben
     County, and Wells County that drains into the Maumee River
     and the tributaries of the Maumee River.
     (3) "Participating county" refers to a county that has joined
     the Maumee River basin commission under IC 14-30-6-4.
   (b) The commission:
     (1) may; but
     (2) is not required to;
consider a proposal to transform the commission from a river
SEA 224 — Concur
                                  24
basin commission subject to IC 14-30-6 into a watershed
development commission subject to IC 14-30.5.
    (c) For the commission to be transformed from a river basin
commission subject to IC 14-30-6 into a watershed development
commission subject to IC 14-30.5:
      (1) the county executives of all participating counties:
           (A) must approve the proposal described in subsection (b);
           and
           (B) must adopt substantively identical ordinances that set
           forth the flood damage reduction, drainage, storm water
           management, or soil and water conservation purposes for
           which the proposed watershed development commission
           would be established, and, for purposes of IC 14-30.5-2-0.5,
           the designated watershed within which the proposed
           watershed development commission would exercise its
           powers; and
      (2) a majority of the voting members of the commission must
      vote in favor of the transformation of the commission into a
      watershed development commission in accordance with the
      ordinances adopted under subdivision (1)(B) and the
      provisions of this section.
    (d) For the county executive of a participating county to
approve a proposal described in subsection (b) under subsection
(c)(1)(A), at least two (2) of the three (3) members of the county
executive must vote in favor of the proposal.
    (e) If a member of the county executive of a participating county
has designated another individual under IC 14-30-6-6 to perform
the member's duties on the commission, the individual designated
to perform the duties of the member of the county executive may
vote under subsection (c)(2) on the proposal described in
subsection (b).
    (f) If the county executives of all participating counties approve
a proposal described in subsection (b) under subsection (c)(1)(A)
and adopt substantively identical ordinances under subsection
(c)(1)(B), a majority of the voting members of the commission vote
in favor of the transformation of the commission into a watershed
development commission under subsection (c)(2), and the
department approves the transformation of the commission into a
watershed development commission with the purposes set forth in
the ordinances adopted under subsection (c)(1)(B), the following
apply:
      (1) The commission shall notify the department of the
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                              25
   approval of the proposal.
   (2) The officers of the commission elected under IC 14-30-6-7
   shall take the actions necessary and appropriate to the
   transformation of the commission from a river basin
   commission subject to IC 14-30-6 into a watershed
   development commission subject to IC 14-30.5.
   (3) The board of the watershed development commission
   consists of the following:
      (A) The director of the department or the director's
      designee.
      (B) The county surveyor of each county participating in
      the commission.
      (C) A member of the county executive from each county
      participating in the commission or the member's designee.
      (D) One (1) individual to represent each second class city
      that is located in a participating county and within the
      Maumee River basin, appointed by:
        (i) the board of storm water management (as described
        in IC 8-1.5-5-4) of the second class city; or
        (ii) if the second class city has no board of storm water
        management, the executive of the second class city.
      (E) A member of the county soil and water conservation
      district board from each participating county within the
      Maumee River basin or the member's designee.
   (4) The director of the department or the director's designee:
      (A) shall advise the commission on the transformation of
      the commission into a watershed development commission
      subject to IC 14-30.5; and
      (B) when the board of the watershed development
      commission is formed, shall assume the position on the
      board of the watershed development commission specified
      in IC 14-30.5-4-1(a)(1)(A).
   (5) The watershed development commission board may not
   meet until the department has given the approval referred to
   in this subsection. Upon the convening of the first meeting
   under IC 14-30.5-4 of the board of the watershed development
   commission:
      (A) the Maumee River basin commission ceases to exist as
      a separate municipal corporation under IC 14-30-6;
      (B) the Maumee watershed development commission is
      established as a public body corporate and politic under
      IC 14-30.5;
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                                  26
          (C) the participating counties of the Maumee River basin
          commission become member counties of the Maumee
          watershed development commission under IC 14-30.5; and
          (D) each participating county of the Maumee River basin
          commission is authorized to appoint a member of the
          county executive or the member's designee under
          IC 14-30.5-4-1 to represent the county on the board of the
          Maumee watershed development commission.
   (g) If established under this section, the Maumee watershed
development commission:
      (1) is a continuation of;
      (2) retains the property and rights of; and
      (3) is responsible for the actions and subject to the liabilities
      of;
the former Maumee River basin commission.
   (h) If established under this section, the Maumee watershed
development commission has all of the powers and duties of a
watershed development commission under IC 14-30.5 in the areas
of the watershed of the Maumee River and the tributaries of the
Maumee River that are within the boundaries of the member
counties of the Maumee watershed development commission. For
the purposes of IC 14-30.5, the areas of the watershed of the
Maumee River and the tributaries of the Maumee River that are
within the boundaries of the member counties of the Maumee
watershed development commission comprise the designated
watershed of the Maumee watershed development commission.
   (i) If the Maumee watershed development commission is
established under this section, the board of the Maumee watershed
development commission shall appoint an executive director under
IC 14-30.5-4-2(e). An individual who was the executive director of
the Maumee River basin commission may be appointed executive
director of the Maumee watershed development commission under
this subsection.
   (j) If the Maumee watershed development commission is
established under this section, all property, records, and funds of
the former Maumee River basin commission:
      (1) become property, records, and funds of the Maumee
      watershed development commission; and
      (2) shall be transmitted to the Maumee watershed
      development commission not more than sixty (60) days after
      the appointment of the executive director under subsection (i).
   Sec. 2. (a) For purposes of this section, the following definitions
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                                 27
apply:
       (1) "Commission" refers to the St. Joseph River basin
       commission.
       (2) "Participating county" refers to a county that has joined
       the St. Joseph River basin commission under IC 14-30-6-4.
       (3) "St. Joseph River basin" means the area in Elkhart
       County, Kosciusko County, LaGrange County, Noble County,
       St. Joseph County, and Steuben County that drains into the
       St. Joseph River.
    (b) The commission:
       (1) may; but
       (2) is not required to;
consider a proposal to transform the commission from a river
basin commission subject to IC 14-30-6 into a watershed
development commission subject to IC 14-30.5.
    (c) For the commission to be transformed from a river basin
commission subject to IC 14-30-6 into a watershed development
commission subject to IC 14-30.5:
       (1) the county executives of all participating counties:
           (A) must approve the proposal described in subsection (b);
           and
           (B) must adopt substantively identical ordinances that set
           forth the information required by IC 14-30.5-2-1(b),
           including, for purposes of IC 14-30.5-2-0.5, the designated
           watershed within which the proposed watershed
           development commission would exercise its powers; and
       (2) a majority of the voting members of the commission must
       vote in favor of the transformation of the commission into a
       watershed development commission in accordance with the
       ordinances adopted under subdivision (1)(B) and the
       provisions of this section.
    (d) For the county executive of a participating county to
approve a proposal described in subsection (b) under subsection
(c)(1)(A), at least two (2) of the three (3) members of the county
executive must vote in favor of the proposal.
    (e) If a member of the county executive of a participating county
has designated another individual under IC 14-30-6-6 to fill the
member's position on the commission, the individual designated to
fill the member's position may vote under subsection (c)(2) on the
proposal described in subsection (b).
    (f) If the county executives of all participating counties approve
a proposal described in subsection (b) under subsection (c)(1)(A)
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                                 28
and adopt substantively identical ordinances under subsection
(c)(1)(B), a majority of the voting members of the commission vote
in favor of the transformation of the commission into a watershed
development commission under subsection (c)(2), and the
department approves the transformation of the commission into a
watershed development commission with the purposes set forth in
the ordinances adopted under subsection (c)(1)(B), the following
apply:
     (1) The commission shall notify the department of the
     approval of the proposal.
     (2) The officers of the commission elected under IC 14-30-6-7
     shall take the actions necessary and appropriate to the
     transformation of the commission from a river basin
     commission subject to IC 14-30-6 into a watershed
     development commission subject to IC 14-30.5.
     (3) The board of the watershed development commission
     consists of the following:
        (A) The director of the department or the director's
        designee.
        (B) The county surveyor of each county participating in
        the commission.
        (C) An individual other than the county surveyor
        representing each county participating in the commission,
        appointed by the county executive.
        (D) Either:
           (i) one (1) individual appointed to represent each second
           class city that is located in a participating county and
           within the St. Joseph River basin; or
           (ii) if a participating county does not include a second
           class city that is located within the St. Joseph River
           basin, one (1) individual appointed to represent the
           municipality that has the largest population of all
           municipalities that are located in the participating
           county and within the St. Joseph River basin.
        An individual appointed to represent a second class city
        under item (i) shall be appointed by the board of storm
        water management (as described in IC 8-1.5-5-4) of the
        second class city or, if the second class city has no board of
        storm water management, by the executive of the second
        class city. An individual appointed under item (ii) to
        represent the municipality that has the largest population
        of all municipalities that are located in the participating
SEA 224 — Concur
                                  29
          county and within the St. Joseph River basin shall be
          appointed by the board of storm water management (as
          described in IC 8-1.5-5-4) of the municipality or, if the
          municipality has no board of storm water management, by
          the executive of the municipality.
      (4) The director of the department or the director's designee:
          (A) shall advise the commission on the transformation of
          the commission into a watershed development commission
          subject to IC 14-30.5; and
          (B) when the board of the watershed development
          commission is formed, shall assume the position on the
          board of the watershed development commission specified
          in IC 14-30.5-4-1(a)(2)(A).
      (5) The watershed development commission board may not
      meet until the department has given the approval referred to
      in this subsection. Upon the convening of the first meeting
      under IC 14-30.5-4 of the board of the watershed development
      commission:
          (A) the St. Joseph River basin commission ceases to exist
          as a separate municipal corporation under IC 14-30-6;
          (B) the St. Joseph watershed development commission is
          established as a public body corporate and politic under
          IC 14-30.5;
          (C) the participating counties of the St. Joseph River basin
          commission become member counties of the St. Joseph
          watershed development commission under IC 14-30.5; and
          (D) each participating county of the St. Joseph River basin
          commission is authorized to appoint an individual
          described in subdivision (3)(C) to represent the county on
          the board of the St. Joseph watershed development
          commission.
    (g) If established under this section, the St. Joseph watershed
development commission:
      (1) is a continuation of;
      (2) retains the property and rights of; and
      (3) is responsible for the actions and subject to the liabilities
      of;
the former St. Joseph River basin commission.
    (h) If established under this section, the St. Joseph watershed
development commission has all of the powers and duties of a
watershed development commission under IC 14-30.5 in the areas
of the watershed of the St. Joseph River and the tributaries of the
SEA 224 — Concur
                                  30
St. Joseph River that are within the boundaries of the member
counties of the St. Joseph watershed development commission. For
the purposes of IC 14-30.5, the areas of the watershed of the St.
Joseph River and the tributaries of the St. Joseph River that are
within the boundaries of the member counties of the St. Joseph
watershed development commission comprise the designated
watershed of the St. Joseph watershed development commission.
   (i) If the St. Joseph watershed development commission is
established under this section, the board of the St. Joseph
watershed development commission shall appoint an executive
director under IC 14-30.5-4-2(e). An individual who was the
executive director of the St. Joseph River basin commission may be
appointed executive director of the St. Joseph watershed
development commission under this subsection.
   (j) If the St. Joseph watershed development commission is
established under this section, the following apply:
      (1) All property, records, and funds of the St. Joseph River
      basin commission:
         (A) become property, records, and funds of the St. Joseph
         watershed development commission; and
         (B) shall be transmitted to the St. Joseph watershed
         development commission not more than sixty (60) days
         after the appointment of the executive director under
         subsection (i).
      (2) Any advisory committee appointed under IC 14-30-6-15 is
      dissolved.
      (3) The individuals serving as members of the St. Joseph
      River basin commission under IC 14-30-6 become the
      members of the advisory committee of the St. Joseph
      watershed development commission. Upon the expiration
      under IC 14-30-6-5 or other termination of the term of office
      of an individual described in this subdivision, the office of the
      individual shall be filled by a successor according to
      subdivision (4).
      (4) As provided in subdivision (3) and IC 14-30.5-4-5(c)(3),
      upon the termination of the terms of office of all of the
      individuals who become members of the advisory committee
      under subdivision (3), the advisory committee of the St.
      Joseph watershed development commission shall consist of the
      following members:
         (A) From each participating county the following:
           (i) The executive of each second class city that is located
SEA 224 — Concur
                                  31
           in the participating county and within the St. Joseph
           River basin, or the executive's designee.
           (ii) If the county does not have a second class city that is
           located within the St. Joseph River basin, the executive
           of the municipality that has the largest population of all
           municipalities that are located in the participating
           county and within the St. Joseph River basin, or the
           executive's designee.
        (B) A member of the county executive or the county
        executive's designee from each participating county.
        (C) The county health officer or the health officer's
        designee from each participating county.
        (D) The county surveyor of each participating county or
        the county surveyor's designee.
        (E) A representative of each soil and water conservation
        district that:
           (i) is subject to IC 14-32;
           (ii) includes territory in a participating county; and
           (iii) includes territory in the St. Joseph River basin.
        (F) The director of the St. Joseph watershed development
        commission or the director's designee.
   Sec. 3. (a) For purposes of this section, the following definitions
apply:
     (1) "Commission" refers to the Upper Wabash River basin
     commission.
     (2) "Participating county" refers to a county that has joined
     the Upper Wabash River basin commission under
     IC 14-30-6-4.
     (3) "Upper Wabash River basin" means the area located in
     Adams County, Huntington County, Jay County, or Wells
     County that is drained by the Wabash River, including the
     tributaries of the Wabash River.
   (b) The commission:
     (1) may; but
     (2) is not required to;
consider a proposal to transform the commission from a river
basin commission subject to IC 14-30-6 into a watershed
development commission subject to IC 14-30.5.
   (c) For the commission to be transformed from a river basin
commission subject to IC 14-30-6 into a watershed development
commission subject to IC 14-30.5:
     (1) the county executives of all participating counties:
SEA 224 — Concur
                                 32
           (A) must approve the proposal described in subsection (b);
           and
           (B) must adopt substantively identical ordinances that set
           forth the information required by IC 14-30.5-2-1(b),
           including, for the purposes of IC 14-30.5-2-0.5, the
           designated watershed within which the proposed
           watershed development commission would exercise its
           powers; and
      (2) a majority of the voting members of the commission must
      vote in favor of the transformation of the commission into a
      watershed development commission in accordance with the
      ordinances adopted under subdivision (1)(B) and the
      provisions of this section.
    (d) For the county executive of a participating county to
approve a proposal described in subsection (b) under subsection
(c)(1)(A), at least two (2) of the three (3) members of the county
executive must vote in favor of the proposal.
    (e) If a member of the county executive of a participating county
has designated another individual under IC 14-30-6-6 to perform
the member's duties on the commission, the individual designated
to perform the member's duties may vote under subsection (c)(2)
on the proposal described in subsection (b).
    (f) If the county executives of all participating counties approve
a proposal described in subsection (b) under subsection (c)(1)(A)
and adopt substantively identical ordinances under subsection
(c)(1)(B), a majority of the voting members of the commission vote
in favor of the transformation of the commission into a watershed
development commission under subsection (c)(2), and the
department approves the transformation of the commission into a
watershed development commission with the purposes set forth in
the ordinances adopted under subsection (c)(1)(B), the following
apply:
      (1) The commission shall notify the department of the
      approval of the proposal.
      (2) The officers of the commission elected under IC 14-30-6-7
      shall take the actions necessary and appropriate to the
      transformation of the commission from a river basin
      commission subject to IC 14-30-6 into a watershed
      development commission subject to IC 14-30.5.
      (3) The board of the watershed development commission
      consists of the following:
           (A) The director of the department or the director's
SEA 224 — Concur
                               33
      designee.
      (B) The county surveyor of each county participating in
      the commission.
      (C) An individual other than the county surveyor
      representing each county participating in the commission,
      appointed by the county executive.
      (D) Either:
        (i) one (1) individual appointed to represent each second
        class city that is located in a participating county and
        within the upper Wabash River basin; or
        (ii) if a participating county does not include a second
        class city that is located within the upper Wabash River
        basin, one (1) individual appointed to represent the
        municipality that has the largest population of all
        municipalities that are located in the participating
        county and within the upper Wabash River basin.
      An individual appointed to represent a second class city
      under item (i) shall be appointed by the board of storm
      water management (as described in IC 8-1.5-5-4) of the
      second class city or, if the second class city has no board of
      storm water management, by the executive of the second
      class city. An individual appointed under item (ii) to
      represent the municipality that has the largest population
      of all municipalities that are located in the participating
      county and within the upper Wabash River basin shall be
      appointed by the board of storm water management (as
      described in IC 8-1.5-5-4) of the municipality or, if the
      municipality has no board of storm water management, by
      the executive of the municipality.
   (4) The director of the department or the director's designee:
      (A) shall advise the commission on the transformation of
      the commission into a watershed development commission
      subject to IC 14-30.5; and
      (B) when the board of the watershed development
      commission is formed, shall assume the position on the
      board of the watershed development commission specified
      in IC 14-30.5-4-1(a)(2)(A).
   (5) The watershed development commission board may not
   meet until the department has given the approval referred to
   in this subsection. Upon the convening of the first meeting
   under IC 14-30.5-4 of the board of the watershed development
   commission:
SEA 224 — Concur
                                  34
          (A) the Upper Wabash River basin commission ceases to
          exist as a separate municipal corporation under
          IC 14-30-6;
          (B) the Upper Wabash watershed development commission
          is established as a public body corporate and politic under
          IC 14-30.5;
          (C) the participating counties of the Upper Wabash River
          basin commission become member counties of the Upper
          Wabash watershed development commission under
          IC 14-30.5; and
          (D) each participating county of the Upper Wabash River
          basin commission is authorized to appoint an individual
          described in subdivision (3)(C) to represent the county on
          the board of the Upper Wabash watershed development
          commission.
   (g) If established under this section, the Upper Wabash
watershed development commission:
      (1) is a continuation of;
      (2) retains the property and rights of; and
      (3) is responsible for the actions and subject to the liabilities
      of;
the former Upper Wabash River basin commission.
   (h) If established under this section, the Upper Wabash
watershed development commission has all of the powers and
duties of a watershed development commission under IC 14-30.5
in the areas of the watershed of the Wabash River and the
tributaries of the Wabash River that are within the boundaries of
the member counties of the Upper Wabash watershed development
commission. For the purposes of IC 14-30.5, the areas of the
watershed of the Wabash River and the tributaries of the Wabash
River that are within the boundaries of the member counties of the
Upper Wabash watershed development commission comprise the
designated watershed of the Upper Wabash watershed
development commission.
   (i) If the Upper Wabash watershed development commission is
established under this section, the board of the Upper Wabash
watershed development commission shall appoint an executive
director under IC 14-30.5-4-2(e). An individual who was the
executive director of the Upper Wabash River basin commission
may be appointed executive director of the Upper Wabash
watershed development commission under this subsection.
   (j) If the Upper Wabash watershed development commission is
SEA 224 — Concur
                                 35
established under this section, all property, records, and funds of
the former Upper Wabash River basin commission:
      (1) become property, records, and funds of the Upper Wabash
      watershed development commission; and
      (2) shall be transmitted to the Upper Wabash watershed
      development commission not more than sixty (60) days after
      the appointment of the executive director under subsection (i).
    SECTION 40. IC 14-30.5-2-0.5, AS ADDED BY P.L.251-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.5. (a) Notwithstanding subsection (b), this
chapter does not authorize the creation of a watershed development
commission if the area in which the watershed development
commission could exercise the powers conferred by this article would
include any part of the area in which a river basin commission
established under: by IC 14-30-6-2
      (1) IC 14-30-2;
      (2) IC 14-30-3; or
      (3) IC 14-30-4;
is authorized to exercise its powers.
    (b) This section does not prohibit:
      (1) the transformation of the Maumee River basin commission
      into a watershed development commission under IC 14-30-2-25;
      IC 14-30-7-1;
      (2) the transformation of the St. Joseph River basin commission
      into a watershed development commission under 14-30-3-33;
      IC 14-30-7-2; or
      (3) the transformation of the upper Wabash River basin
      commission into a watershed development commission under
      IC 14-30-4-20; IC 14-30-7-3;
on the grounds that the watershed development commission resulting
from the transformation would be authorized to exercise its powers in
all or any part of the area in which the transformed river basin
commission was authorized to exercise its powers before the
transformation.
    SECTION 41. IC 14-30.5-2-2, AS AMENDED BY P.L.92-2025,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) If one (1) county executive submits an
ordinance and a written request for recognition of a proposed
watershed development commission under section 1(c) of this chapter,
the natural resources commission shall decide under subsections (c)
through (e) whether to recognize the proposed commission.
    (b) If the county executives of two (2) or more counties submit
SEA 224 — Concur
                                  36
ordinances and written requests under section 1(c) of this chapter for
recognition of a single proposed watershed development commission
empowered to act in a single designated watershed that includes areas
within both or all of the counties:
      (1) the natural resources commission may not decide whether to
      recognize the proposed commission unless the provisions of the
      ordinances submitted under section 1(c)(1) of this chapter are
      essentially identical in:
          (A) identifying the designated watershed; and
          (B) stating the purposes of the proposed commission; and
      (2) if the natural resources commission determines that the
      requirement set forth in subdivision (1) is met, the natural
      resources commission shall decide under subsections (c) through
      (e) whether to recognize the proposed commission.
    (c) Before making a decision whether to recognize a proposed
commission under this section, the division of water, on behalf of the
natural resources commission, shall hold at least one (1) public hearing
concerning the proposed commission in each county whose executive
submitted an ordinance and a written request for recognition of the
proposed commission under section 1(c) of this chapter. Any interested
person attending a public hearing held under this subsection shall have
the right to:
      (1) address the natural resources commission; and
      (2) provide written comments;
on whether the proposed commission should be established. The
division of water, on behalf of the natural resources commission, may
convene the meeting, record the testimony given, and receive the
written comments provided.
    (d) The division of water, on behalf of the natural resources
commission, shall give notice of a public hearing to be held under
subsection (c):
      (1) by publication at least one (1) time in one (1) newspaper of
      general circulation in the county in which the hearing will be
      held; and
      (2) through the website of the natural resources commission.
    (e) In deciding whether to recognize a proposed commission, the
natural resources commission shall determine the answer to each of the
following questions:
      (1) Are the purposes for which the proposed commission would
      be established, as set forth in the ordinance or ordinances under
      section 1(b)(3) of this chapter, within the purposes set forth in
      IC 14-30.5-3-1 for which a watershed development commission
SEA 224 — Concur
                                   37
      may be established?
      (2) Do the purposes of the proposed commission, as set forth in
      the ordinance or ordinances under section 1(b)(3) of this chapter,
      correspond to legitimate flood damage reduction, drainage, storm
      water management, recreation, or water infrastructure needs of
      each county seeking establishment of the commission, as set forth
      under section 1(b)(4) of this chapter?
      (3) Is it reasonable to expect that the establishment of a
      commission having powers under this article only in the county
      or counties from which the ordinance or ordinances were
      submitted under section 1(c)(1) of this chapter would effectively
      address the flood damage reduction, drainage, storm water
      management, recreation, or water infrastructure needs of each
      county that submitted an ordinance under section 1(c)(1) of this
      chapter?
      (4) Is it reasonable to expect that the establishment of a
      commission that has powers under this article only in the area or
      areas inside the geographic boundaries of the designated
      watershed would effectively address the flood damage reduction,
      drainage, storm water management, recreation, or water
      infrastructure needs of each county that submitted an ordinance
      under section 1(c)(1) of this chapter?
      (5) Is the territory of the proposed commission at least as large as
      the entirety of the same eight (8) digit U.S. Geological Survey
      hydrologic unit code?
      (6) Has a regional watershed study or watershed management
      plan been conducted in consultation with the Indiana finance
      authority and the department of natural resources that assesses
      water use, water quality, drinking water systems, wastewater
      management systems, storm water management, flood control,
      drainage management, recreational uses, natural resources, and
      water infrastructure needs of the watershed of the proposed
      commission? If so, can the establishment of the proposed
      commission be expected to address the needs identified in that
      study or management plan?
   (f) If:
      (1) one (1) county's executive submits an ordinance and a request
      for recognition of a proposed commission under section 1(c) of
      this chapter; and
      (2) the natural resources commission answers all of the questions
      set forth in subsection (e) favorably;
the natural resources commission shall issue an order recognizing the
SEA 224 — Concur
                                    38
watershed development commission and recognizing the county
referred to in subdivision (1) as a member of the watershed
development commission.
    (g) If:
       (1) executives of two (2) or more counties submit ordinances and
       requests for recognition of a proposed watershed development
       commission under section 1(c) of this chapter; and
       (2) the natural resources commission answers all of the questions
       set forth in subsection (e) favorably with respect to at least one (1)
       of the counties;
the natural resources commission shall issue an order recognizing the
watershed development commission and recognizing as a member of
the watershed development commission each county with respect to
which the natural resources commission answered all of the questions
set forth in subsection (e) favorably.
    (h) If the natural resources commission does not answer all of the
questions set forth in subsection (e) favorably with respect to a county,
the natural resources commission shall:
       (1) inform the executive of the county in writing of its decision;
       and
       (2) specify in the writing the reason or reasons for each
       unfavorable answer.
    (i) The action of the natural resources commission under this section
in declining to recognize a proposed watershed development
commission for a particular watershed does not preclude the later
submission of one (1) or more new ordinances and written requests for
recognition of a proposed watershed development commission for the
same designated watershed.
    (j) An action of the natural resources commission under this section
declining to recognize a particular county as a member of a watershed
development commission does not preclude the later submission of:
       (1) another ordinance and written request under section 1(c) of
       this chapter for recognition of the county as a member of another
       proposed watershed development commission; or
       (2) an ordinance and written request under section 4 or 5 of this
       chapter proposing the county for membership in an established
       watershed development commission.
    SECTION 42. IC 14-30.5-2-6, AS AMENDED BY P.L.92-2025,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) A county to which section 4 or 5 of this
chapter applies may not become a member of an existing watershed
development commission unless:
SEA 224 — Concur
                                   39
      (1) the executives of all of the counties that are members of the
      existing commission adopt ordinances accepting the county as a
      member county of the existing commission; and
      (2) the natural resources commission issues an order under this
      section recognizing the county as a member county of the existing
      commission.
    (b) Before making a decision whether to recognize a county as a
member county of an existing commission under this section, the
natural resources commission shall hold at least one (1) public hearing
in the county concerning the proposed membership of the county in the
existing commission. Any interested person attending a public hearing
held under this subsection shall have the right to:
      (1) address the natural resources commission; and
      (2) provide written comments;
concerning the proposed membership of the county in the existing
commission. The division of water, on behalf of the natural resources
commission, may convene the meeting, record the testimony given, and
receive the written comments provided.
    (c) The division of water, on behalf of the natural resources
commission, shall give notice of a public hearing to be held under
subsection (b):
      (1) by publication at least one (1) time in one (1) newspaper of
      general circulation in the county in which the hearing will be
      held; and
      (2) through the website of the natural resources commission.
    (d) In deciding whether to recognize a county to which section 4 or
5 of this chapter applies as a member of an existing commission, the
natural resources commission shall determine the answer to each of the
following questions:
      (1) Do the stated purposes for which the watershed development
      commission was established correspond to the flood damage
      reduction, drainage, storm water management, recreation, or
      water infrastructure needs of the county, as stated under section
      4(b)(3) or 5(b)(3) of this chapter?
      (2) Is it reasonable to expect that the county's flood damage
      reduction, drainage, storm water management, recreation, or
      water infrastructure needs, as stated under section 4(b)(3) or
      5(b)(3) of this chapter, would be addressed more effectively if the
      county were a member of the existing commission than those
      needs have previously been addressed?
      (3) Would the county's membership in the existing commission
      diminish the effectiveness of the existing watershed development
SEA 224 — Concur
                                    40
       commission in addressing the flood damage reduction, drainage,
       storm water management, recreation, or water infrastructure
       needs of other member counties?
       (4) Is the territory of the proposed commission at least as large as
       the entirety of the same eight (8) digit U.S. Geological Survey
       hydrologic unit code?
       (5) Has a regional watershed study or watershed management
       plan been conducted in consultation with Indiana finance
       authority and the department of natural resources that assesses
       water use, water quality, drinking water systems, wastewater
       management systems, storm water management, flood control,
       drainage management, recreational uses, natural resources, and
       water infrastructure needs of the watershed of the proposed
       commission? If so, can the establishment of the proposed
       commission be expected to address the needs identified in that
       study or management plan?
    (e) If the natural resources commission answers all of the questions
set forth in subsection (d) favorably, the natural resources commission
shall issue an order recognizing the membership of the county in the
existing commission.
    (f) If the natural resources commission does not answer all of the
questions set forth in subsection (d) favorably, the natural resources
commission shall inform the executive of the county to which section
4 or 5 of this chapter applies in writing of its decision and specify in the
writing the reason or reasons for each unfavorable answer.
    (g) An action of the natural resources commission under this section
declining to recognize a county as a member of an established
watershed development commission does not preclude the later
submission of another ordinance under section 4 or 5 of this chapter
seeking membership for the county in an existing commission.
    SECTION 43. IC 14-30.5-4-5, AS ADDED BY P.L.251-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) There is established for each watershed
development commission an advisory committee to provide counsel to
the board of the commission.
    (b) Except as provided in subsection (c), a watershed development
commission advisory committee established under this section consists
of a member or representative of the board of supervisors of the soil
and water conservation district of each county that is a member of the
commission, selected by the board of supervisors.
    (c) If the St. Joseph watershed development commission is
established under IC 14-30-3-33: IC 14-30-7-2:
SEA 224 — Concur
                                   41
      (1) the individuals serving as members of the St. Joseph River
      basin commission under IC 14-30-3-8 IC 14-30-6-5 become
      members of the advisory committee of the St. Joseph watershed
      development commission;
      (2) the term of office of an individual who becomes a member of
      the advisory committee of the St. Joseph watershed development
      commission under subdivision (1) is as provided in IC 14-30-3-9;
      IC 14-30-7-2; and
      (3) upon:
          (A) the expiration under IC 14-30-3-9; IC 14-30-6-5; or
          (B) the termination under any other circumstances;
      of the term of office of an individual described in subdivision (1),
      the office of the individual shall be filled by a successor according
      to IC 14-30-3-33(i)(4). IC 14-30-7-2(j)(4).
   SECTION 44. IC 14-33-2-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 19. (a) In determining
the facts, the division of water, on behalf of the commission, shall do
the following:
      (1) Hold hearings at which the commission division of water
      shall give any interested person the right to be heard.
      (2) At the request of an interested person, the commission shall
      hold hearings at the county seat of a county containing land in the
      proposed district.
      (3) The commission shall Choose the county seat.
   (b) The commission division of water shall give notice of the
hearings by publication at least one (1) time in one (1) newspaper of
general circulation in each county containing land in the proposed
district.
   SECTION 45. IC 14-33-2-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 22. The commission,
in coordination with the department, shall make a report of the
commission's findings to the court, including findings on the territorial
limits of the proposed district. The commission shall make this report
within one hundred twenty (120) days after the petition is referred to
the commission, unless the commission requests and receives approval
from the court for additional periods of thirty (30) days each.
SEA 224 — Concur
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:  Time:
SEA 224 — Concur