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Show 292 INDIANA 2. State Organizational Structure for Water Administration 2.1 Administration of Water Rights While Indiana has enacted some statutory provisions for limited administrative controls over the right to use water in the State, the definition and general administration of the right of the individual water user has been accomplished primarily as a matter of judicial decision in private litigation. However, in 1951 the Ground Water Conservancy Act was enacted giving the Department of Conservation the power to restrict the withdrawal of ground water from certain areas of the State if it determines that existing ground water withdrawals are exceeding or threatening to exceed the natural replenishment of the ground water basin.1 When an area is designated as being restricted, users, other than those supplying water to cities, may not increase their usage of ground waters by more than 100,000 gallons per day unless they obtain a permit to do so from the Department of Conservation.2 A more complete discussion of these controls and the other provisions of the Ground Water Conservancy Act is provided in section 4, infra. With regard to surface water, the Flood Control and Water Resources Commission may grant any person, including a non- riparian owner, the right to divert flood waters from a watercourse for any useful purpose, provided such diversion does not cause injury to landowners in the watershed in which the watercourse is located and the diversion does not limit any existing rights.3 Also, this Com- mission must grant approval for a riparian owner to construct a dam or other obstruction for the purpose of impounding or storing water.4 In 1955, the Indiana Legislature declared surface water, which could be put to a useful and beneficial purpose, to be public waters of the State and subject to regulation by the legislature.5 This act further provides that the withdrawal of water for new uses or an increase in present uses is to be subject to any regulations which may be subsequently enacted into law by the legislature. Hence, it appears that Indiana intends to implement additional regulation and control over the use of water in the future.6 2.2 Resolution of Water Right Conflicts The resolution of water use conflicts among those claiming a right to use waters from a common source has been primarily resolved by the courts on a case-by-case basis in private litigation. However, the Flood Control and Water Resources Commission has been given the authority to arbitrate disputes between the users of surface waters if requested to do so by a party to the dispute.7 Upon the receipt of a request to mediate a dispute, the Commission is required to notify 1 Burns Indiana Statutes Ann., sees. 27-1303 and 27-1304. For convenience, the Burns Indiana statutes annotated will hereafter be cited simply by chapter and section numbers. 2 Sec. 27-1305. a Sec. 27-1406(1). * Sec. 27-1403(2). 6 Sec. 27-1402. « Sec. 27-1404. t Sec. 27-1406(2). ¦ : '¦ |