Town of Avon v. West Central Conservancy District

SHEPARD, Chief Justice.

We consider here whether the White Lick Creek Aquifer is a “watercourse” under Indiana law and, if so, whether the Home Rule Act permits the Town of Avon to regulate another political unit’s attempt to withdraw water from the aquifer. We answer both questions in the affirmative, and further conclude that the Town of Avon’s proposed regulation is not preempted by statutes authorizing the Department of Natural Resources to regulate aquifers.

Facts and Procedural History

Washington Township and the West Central Conservancy District (WCCD) both own real property within the…