« Ind. Decisions - Court of Appeals issues 5 today (and 10 NFP) | Main | Ind. Courts - "Indiana Supreme Court Gives Stamp of Approval to Lake County and Marion County Electronic Filing Plans" »

Tuesday, March 16, 2010

Ind. Decisions - "Avon-area water feud bubbles over"

Josh Duke reports today in the Indianapolis Star:

AVON -- An ongoing feud over water in the Avon area will continue despite a Hendricks County judge's ruling last month.

The town of Avon filed an appeal with the Indiana Court of Appeals last week after Judge Mark A. Smith sided with Washington Township and the West Central Conservancy District in all but one count regarding a town ordinance passed in 2008.
Advertisement

The town ordinance sought to regulate the removal of groundwater in the Avon area.

Avon's ordinance was crafted in response to an Indianapolis Water study that determined there would be a water supply shortage in the future. That study recommended local governments take action to preserve water resources.

The judge determined in a 24-page summary last month that Indiana law does not give the town authority over aquifers, wells or groundwater that it does not own. Avon currently doesn't have its own water utility.

"The Indiana Department of Natural Resources has the statutory authority to regulate groundwater," Smith said in his ruling.

Posted by Marcia Oddi on March 16, 2010 01:29 PM
Posted to Ind. Trial Ct. Decisions