Section 312IAC6.3-5-3. Emergency measures to protect life or property

   (a) The department and the corps of engineers may take the emergency measures they individually or jointly determine necessary in the operation of a reservoir, including lowering the elevation of the water below an elevation at which water may be withdrawn or released under a contract, to protect life or property.

  (b) Notwithstanding subsection (a), the department and the corps of engineers may enter any agreement between them as to which governmental entity shall exercise the authority described in subsection (a).

  (c) A contract entered under this article for the withdrawal or release of water from a reservoir is subordinate to an exercise of authority under this section.

  (d) No third person has a right of action against the department or the corps of engineers based upon an exercise of authority under this section. (Natural Resources Commission; 312 IAC 6.3-5-3; filed Nov 5, 2008, 2:32 p.m.: 20081203-IR-312080131FRA; readopted filed Jul 17, 2014, 3:47 p.m.: 20140813-IR-312140097RFA)