Officials with the Turkey Creek Dam and Dike Conservancy are working on establishing itself before new legislation can put in certain restrictions. Shown is the water control device on Turkey Creek.

SYRACUSE — A new law, set to go into effect July 1, should not be an obstacle for the Turkey Creek Dam and Dike Conservancy, according to Bill Pipp, a member of the conservancy.

The new law, authored by Republican State Sen. Victoria Spartz, “provides that a conservancy district established after June 30, 2020, for any purpose other than providing for the collection, treatment and disposal of sewage and other liquid wastes is subject to certain restrictions and requirements that 1) it may not exercise the power of eminent domain; 2) if it imposes fees for the recreational use of a water body, the fee charged to a person who does not own real property within the conservancy district may not be more than 50% more than the fee charged to a person who owns real property within the conservancy district, and it may use the recreation fee revenue only for maintenance of the water body and the administration of the conservancy district.

“3) it may not unreasonably limit the types of motorized watercraft that may be used on a water body or assess fees for access to the water body that are unreasonably high in amount. 4) it may not exercise control or authority over the construction, reconstruction or maintenance of regulated drains or over streams; 5) its budget must be reviewed by the fiscal body of the county in which the conservancy district is located, and the board of the conservancy district may not approve a total budget in excess of the amount approved by the county fiscal body and 6) the rate of its special benefits tax may not exceed $0.0667 on each $100 of assessed valuation of property. Provides that if 1) a conservancy district is established for purposes related to a water body and 2) the water body is used as a source of water by a public water utility; the public water utility is not civilly liable for bodily injury or property damage caused by an occurrence in or near the water body solely by reason of owning or having a right to use the water in the water body.”

Spartz represents District 20 covering Hamilton County and the towns of Carmel, Fishers, Noblesville and Westfield.

Pipp said the pending legislation should not affect the establishment of the conservancy for Turkey Creek. Lawyers for both the conservancy and the town are aware of it.

“We don’t see anything holding it (the conservancy) back,” Pipp said in a phone interview. “Our goal is to get the conservancy set before June 30.” The goal is to have the conservancy established by June 1.

The first public hearing is set to be held March 5, although a time and place is yet to be determined.

Pipp said the conservancy has 90 days after the first public hearing to be established. Those working on the conservancy do not expect any public backlash to the proposal. Pipp noted the Indiana Department of Natural Resources is behind the plan. He also does not expect any objections from fee holders.

A fee holder is any property abutting Lake Wawasee, Syracuse Lake or Mud Lake.

Once the conservancy is approved, Kosciusko County Circuit Court Judge Mike Reed will select the first board of directors. There will be five directors representing five districts around the lake. There will be 500 properties within each district. Board members will be asked to live in the district they serve.

The first board will determine terms and term limits among other things. Afterward, new board members will be elected by members of their district.

Asked if the town is concerned about the pending legislation, Syracuse Town Manager Mike Noe said the town is excited about the formation of the conservancy. “The lake associations are working well with the town,” he said. “Sounds like the conservancy is on it. I don’t see a problem with it.”

Councilmember Larry Martindale said the council has an agreement where the conservancy will take over ownership of the dam once the conservancy is established. He admitted he didn’t know anything about the pending legislation, other than Pipp said he had the signatures to establish the conservancy.