Use of Increased Flowage of Waters Due to Release From Impoundment

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Sec. 5. (a) A public utility, a person, a firm, a limited liability company, a corporation, a unit of government, or an association for irrigation or other purposes that creates additional stream volumes by releases from impoundments built and financed by the entity for the entity's purpose may use the increased flowage at all times. The amount of increased flowage shall be determined by well recognized engineering computations.

(b) Riparian owners do not have rights in increased flowage beyond normal stream flow.

[Pre-1995 Recodification Citation: 13-2-1-3(3).]

As added by P.L.1-1995, SEC.18.


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