Sec. 8.1. (a) It is the public policy of the state that low head dams are a threat to:
(1) public safety;
(2) stream ecological processes; and
(3) navigability.
(b) It is in the public interest to remove low head dams that are an encroachment on navigable waterways to:
(1) promote public safety for recreational use and enjoyment of the public trust;
(2) avoid adverse effects to fish, wildlife, and botanical resources; and
(3) not impair the navigability of a waterway.
(c) A low head dam located on a navigable waterway is an encroachment subject to removal under section 8.2 of this chapter unless it is:
(1) owned and operated by a public utility (as defined by IC 8-1-2-1(a)) or a municipally owned utility (as defined by IC 8-1-2-1(h)); or
(2) owned, managed, or operated by the department.