Indiana Code

Ind. Code § 36-9-27-2 (2026)

Definitions

✓ current as of May 2026

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Sec. 2. As used in this chapter:

"Affected land" means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain.

"Board" refers to the drainage board of a county.

"Crossing" means a drainage structure that passes over, under, or through a location used for the passage of people, livestock, or vehicles.

"Dam" means a dam or other structure and its appurtenances that impounds a small lake at the lake's outlet.

"Maintenance" means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section.

"Mutual drain" means a drain that:

(1) is located on two (2) or more tracts of land that are under different ownership;

(2) was established by the mutual consent of all the owners; and

(3) was not established under or made subject to any drainage statute.

"Open drain" means a natural or artificial open channel that:

(1) carries surplus water; and

(2) was established under or made subject to any drainage statute.

"Owner" refers to the owner of any interest in land.

"Private drain" means a drain that:

(1) is located on land owned by one (1) person or by two (2) or more persons jointly; and

(2) was not established under or made subject to any drainage statute.

"Reconstruction" means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain.

"Regulated drain" means an open drain, a tiled drain, or a combination of the two.

"Rural drain" means a regulated drain that provides adequate drainage or impounds water for rural land.

"Rural land" means affected land that:

(1) will not appreciably benefit from more drainage than is necessary to expediently remove water after frequent or periodic flooding; and

(2) is generally used for crop production, pasture, forest, or similar purposes.

"Small lake" means a lake, pond, or similar body of water that:

(1) covers less than twenty (20) acres;

(2) is surrounded by two (2) or more tracts of affected land that are under different ownership or a tract of land that is owned by a not-for-profit corporation having more than one (1) member;

(3) is not constructed, reconstructed, or maintained under this chapter as part of an open drain;

(4) is not a private crossing, control dam, or other permanent structure referred to under section 72 of this chapter;

(5) is not owned by a state or any of its political subdivisions; and

(6) is not designed and constructed primarily for reduction or control of pollutants or cooling before discharge of a liquid.

"Tiled drain" means a tiled channel that:

(1) carries surplus water; and

(2) was established under or made subject to any drainage statute.

"Urban land" means affected land that:

(1) will appreciably benefit from drainage that will provide the maximum practicable protection against flooding or the impounding of water in a small lake; and

(2) is used or will in the reasonably foreseeable future be used generally for commercial, industrial, large estate, higher density residential, or similar purposes.

"Watershed" means an area of land from which all runoff water drains to a given point or that is affected by a small lake.

[Pre-Local Government Recodification Citation: 19-4-1-2 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.2; P.L.205-1984, SEC.1.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1995–2025 · leading case: Thomas R. Crowel v. Marshall Cnty. Drainage Bd., 971 N.E.2d 638 (Ind. 2012).

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Thomas R. Crowel v. Marshall Cnty. Drainage Bd., 971 N.E.2d 638 (Ind. 2012). · cites it 6× “” I.C. § 36-9-27-2. An "open drain” is "a natural or artificial open channel that: (1) carries surplus water; and (2) was established under or made subject to any drainage statute.”

Clark Cnty. Drainage Bd. v. Isgrigg, 963 N.E.2d 9 (Ind. Ct. App. 2012). · cites it 8× “” 7 I.C. § 36-9-27-2. An “open drain” is “a natural or artificial open channel that: (1) carries surplus water; and (2) was established under or made subject to any drainage statute.”

Clark Cnty. Drainage Bd. & Clark Cnty. Bd. of Commissioners v. Robert Isgrigg, 966 N.E.2d 678 (Ind. Ct. App. 2012). · cites it 4× “Ind.Code § 36-9-27-2. Applying the dictionary definition, a “channel,” for our purposes, is “the hollow bed where a natural body or stream of water runs or may run .”

Luhnow v. Horn, 760 N.E.2d 621 (Ind. Ct. App. 2001). · cites it 2× “The Drainage Board is not immune from all liability under the common-enemy doctrine merely because we hold that it is a landowner with respect to its easement.”

Mattingly v. Warrick Cnty. Drainage Bd., 743 N.E.2d 1245 (Ind. Ct. App. 2001). · cites it 2× “" Ind. Code § 36-9-27-2 . Once a drain is declared "regulated," the county becomes responsible for its repair and maintenance.”

Clouse v. Noble Cnty. Drainage Bd., 809 N.E.2d 849 (Ind. Ct. App. 2004). · cites it 2× “" Ind.Code § 36-9-27-2. An "open drain" means "a natural or artificial open channel *851 that: (1) carries surplus water; and (2) was established under or made subject to any drainage statute.”

Crowel v. Marshall Cnty. Drainage Bd., 951 N.E.2d 290 (Ind. Ct. App. 2011). · cites it 4× “My colleagues, the trial court, and the Drainage Board all agree that Crowel's property is in the watershed served by the reconstructed drain and his surface water empties into the drain in question.”

Panhandle E. Pipe Line Co. v. Madison Cnty. Drainage Bd., 898 F. Supp. 1302 (S.D. Ind. 1995). · cites it 2× “” Ind.Code § 36-9-27-2. “Owner” is defined as “the owner of any interest in land.”

Pamela Frazee v. Douglas J. Skees & Angela D. Skees, 30 N.E.3d 22 (Ind. Ct. App. 2015). · cites it 20× “Ind.Code § 36-9-27-2. [24] Thus, this appeal requires that we interpret a statute.”

Clark Cnty. Drainage Bd. & Clark Cnty. Bd. of Commissioners v. Robert Isgrigg (Ind. Ct. App. 2012). · cites it 6× “” See I.C. § 36-9-27-2. In support of its motion for summary judgment, the Drainage Board designated Dixon’s deposition testimony.”

Michael A. Kennedy v. The Honorable Joe Hogsett, Mayor of Indianapolis, & the Indianapolis Dep't of Pub. Works (mem. dec.) (Ind. Ct. App. 2018). · cites it 2× “” Ind. Code § 36-9-27-2 (2018). An “open drain” is “a natural or artificial open channel that: (1) carries surplus water; and (2) was established under or made subject to any drainage statute.”

Russell Bernacchi v. Yon M. Lindborg (Ind. Ct. App. 2025). · cites it 2× “” Ind. Code § 36-9-27-2 . “‘Open drain’ means a natural or artificial open channel that: (1) carries surplus water; and (2) was established under or made subject to any drainage statute.”

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