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NATURAL RES. COM'N v. PORTER COUNTY

No. 64S04-9108-CV-623.

576 N.E.2d 587 (1991)

NATURAL RESOURCES COMMISSION OF THE INDIANA DEPARTMENT OF NATURAL RESOURCES, Appellant (Plaintiff below), v. PORTER COUNTY Drainage Board, Appellee (Defendant below).

Supreme Court of Indiana.

August 13, 1991.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Daniel P. McInerny, Deputy Atty. Gen., Indianapolis, for appellant.

Herbert K. Douglas, Douglas, Douglas & Hurley, Valparaiso, for appellee.

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...

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