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TOWN OF AVON v. WEST CENTRAL CONSERVANCY

No. 32S05-1104-PL-217.

957 N.E.2d 598 (2011)

TOWN OF AVON, Appellant (Defendant below), v. WEST CENTRAL CONSERVANCY DISTRICT, Washington Township, and Ronnie Austin, in his Official Capacity as Trustee and Park Governor, Appellees (Plaintiffs below).

Supreme Court of Indiana.

November 22, 2011.

Attorney(s) appearing for the Case

J. Christopher Janak , Paul D. Vink , Stephen C. Unger , Daniel L. Taylor , Indianapolis, IN, Attorneys for Appellant.

Bette J. Dodd , Joseph P. Rompala , Jo A. Woods , Indianapolis, IN, Attorneys for Amici Curiae Indiana Association of Cities & Towns and Indiana Municipal Lawyers Association.

Alan M. Hux , Gayle A. Reindl , John D. Papageorge , Mark J. Crandley , Nicholas K. Kile , Indianapolis, IN, Attorneys for Appellees.

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....

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