Legal Opinion
Natural Resources Commission of the Indiana Department of Natural Resources v. Porter County Drainage Board
Indiana Supreme Court
Decided August 13, 1991No. 64S04-9108-CV-623PublishedCited by 21 opinions
1Opinion of the Court
ON CIVIL PETITION FOR TRANSFER
SHEPARD, Chief Justice.
The Porter County Drainage Board has designated part of Salt Creek as a regulated drain. We hold that such a designation does not allow the board to bypass the statute requiring a permit from the Indiana Department of Natural Resources for construction projects affecting Indiana's rivers and streams. Ind.Code § 13-2-22-1 to -21 (West 1990 & Supp. 1990).
Salt Creek is a Lake Michigan tributary 24.5 miles long. The Porter County Drainage Board has designated 8.5 miles of the creek as "Parker Drain.1 Salt Creek itself is a spawning run,…
2Cases cited2 opinions
- Common Council of Peru v. Peru Daily Tribune, Inc.Indiana Court of Appeals · 1982
- Bender v. State Ex Rel. WarehamIndiana Court of Appeals · 1979
3Cited by21 opinions
- Indiana Wholesale Wine & Liquor Co. v. State Ex Rel. Indiana Alcoholic Beverage CommissionIndiana Supreme Court · 1998
- Christopher R. Brown, D.D.S., Inc. v. Decatur County Memorial HospitalIndiana Supreme Court · 2008
- John E. Moriarity and Mae E. Moriarity v. Indiana Department of Natural ResourcesIndiana Supreme Court · 2019
- Pierce v. State Department of CorrectionIndiana Court of Appeals · 2008
- Sullivan v. DayIndiana Court of Appeals · 1996
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