Sec. 3. (a) As used in this chapter, "public freshwater lake" means a lake that has been used by the public with the acquiescence of a riparian owner.
(b) The term does not include the following:
(1) Lake Michigan.
(2) A lake lying wholly or in part within the corporate boundaries of any of the three (3) cities having the largest population in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).
(3) A privately owned body of water:
(A) used for the purpose of; or
(B) created as a result of;
surface coal mining.