Goff, J.
The Dam Safety Act gives the Indiana Department of Natural Resources (the “DNR”) jurisdiction over certain dams in, on, or along streams in Indiana to protect Hoosiers’ lives and property. The Moriaritys have a large pond and related dam on their land, and, since the early 2000s, the DNR has tried to exercise jurisdiction over the dam based on its determination that the dam was located in, on, or along a stream. The Moriaritys have resisted the DNR’s jurisdiction and contested its findings without much success in the administrative tribunals and courts below. They now appeal to this Court, presenting us with three different questions. First, did the DNR properly exercise jurisdiction over the dam? Within this question lie issues concerning the reasonableness of the DNR’s definition of the word stream and what, if any, notice the Moriaritys had of that definition. Second, did the DNR present substantial evidence supporting its classification of the dam as a high-hazard dam? Third, can the Moriaritys modify their dam to remove it from DNR’s future jurisdiction? We answer each of these questions in the affirmative, largely based on our standard of review, and affirm the trial court.
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The Dam Safety Act, in relevant part, is concerned with the safety of certain dams2 in, on, or along streams in Indiana. I.C. § 14-27-7.5-8(a)(1) (2004). It places an affirmative obligation on the owners of such dams to properly maintain them, I.C. § 14-27-7.5-7(a), and it gives the DNR supervisory and enforcement power to ensure this happens, I.C. § 14-27- 7.5-8(a)(1)–(2). Here, the DNR asserted jurisdiction over the Moriaritys’ dam after concluding it was in, on, or along a stream, it then assigned a hazard classification to the dam based on the assessed risk to nearby people and property, and it finally ordered the Moriaritys to perform certain inspection and maintenance activities. The Moriaritys challenge the DNR’s jurisdiction, its hazard classification, and its ordered actions. We address each argument in turn.
I. The DNR has jurisdiction over the Moriaritys’ dam based on its location in, on, or along a stream of Indiana.
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II. The DNR presented substantial evidence supporting its classification of the Moriaritys’ dam as a high-hazard dam.
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III. The Moriaritys may, in the course of complying with the trial court’s order, modify their dam to remove it from DNR’s jurisdiction.
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Conclusion
For the reasons stated herein, we affirm the trial court’s order enforcing the Final Order. We find, however, that the Moriaritys can, in the course of complying with the trial court’s order, modify their dam to remove it from the DNR’s jurisdiction under the Dam Safety Act. Given the parties’ unsuccessful attempts at settlement despite their apparent agreement in principle, we anticipate disagreements may arise if the Moriaritys choose to modify their dam to remove it from the DNR’s jurisdiction. Because those disagreements have only been hinted at and not fully litigated to date, we cannot offer guidance on them but instead leave that to the trial court, should the need arise. See State ex rel. Brubaker v. Pritchard, 236 Ind. 222, 226, 138 N.E.2d 233, 235 (Ind. 1956) (“It is well established that once a court acquires jurisdiction over parties, the jurisdiction continues until the final disposition of the litigation including the enforcement of the judgment or decree.”). Therefore, we remand to the trial court for further proceedings consistent with this decision
Rush, C.J., and David, J., concur.
Massa, J., concurs in result.
Slaughter, J., dissents with separate opinion.
Slaughter, J., dissenting.
I respectfully dissent from the Court’s decision for two reasons. First, on the standard of review, I would give no deference to the Department’s interpretation of “stream” within the Dam Safety Act. The prerogative to interpret the law authoritatively belongs to us. And we disserve separation-of-powers principles when we allow agencies within the executive branch to usurp a core judicial function. Second, on the merits, the Court’s conclusion that the Department properly exercised jurisdiction over the Moriaritys’ property follows from the Court’s deferential standard of review. Its application of the wrong standard has caused it to reach the wrong result.
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