reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 2. Minimum Stream Flow and Water Sale Contracts › 14-25-2-5. Adoption of Rules

Sec. 5. The commission shall adopt rules under IC 4-22-2 that are considered necessary for the proper administration of the following:
(1) The water resources development fund.
(2) This chapter.
[Pre-1995 Recodification Citation: 13-2-1-7(d) part.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 2. Minimum Stream Flow and Water Sale Contracts › 14-25-2-6. Employment of Personnel

Sec. 6. The commission may, subject to the approval of the budget agency, employ personnel necessary for the efficient administration of this chapter.
[Pre-1995 Recodification Citation: 13-2-1-7(d) part.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 2. Minimum Stream Flow and Water Sale Contracts › 14-25-2-7. Contracts Entered Into Before July 1, 1991, Binding

Sec. 7. Except as provided in section 8 of this chapter, a contract for the sale of water on a unit pricing basis that was entered into under this chapter before July 1, 1991, is binding upon the commission. However, notwithstanding the terms of the contract, the rate of compensation for water sold under the contract on a unit pricing basis is thirty-three dollars ($33) per one million (1,000,000) gallons of water.
[Pre-1995 Recodification Citation: 13-2-1-7(e).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 2. Minimum Stream Flow and Water Sale Contracts › 14-25-2-8. Primary Source of Water; Compensation Not Required

Sec. 8. The state may not require compensation for water that:
(1) comes from a reservoir impoundment financed by the state; and
(2) is provided to water users in an area in which the outlet of the reservoir impoundment has been the primary source of water for domestic, industrial, and public use for at least fifty (50) years.
[Pre-1995 Recodification Citation: 13-2-1-7(f).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 2. Minimum Stream Flow and Water Sale Contracts › 14-25-2-9. Primary Source of Water; Contracts Entered Into Before July 1, 1991, Binding

Sec. 9. A contract that:
(1) was entered into under IC 13-2-1-7 (before its repeal) before July 1, 1991; and
(2) provides for the sale of water on a unit pricing basis in an area described in section 8 of this chapter;
is binding upon the commission. However, the opposite party to the contract is not required to pay compensation to the state for water provided in the area.
[Pre-1995 Recodification Citation: 13-2-1-7(g).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 2. Minimum Stream Flow and Water Sale Contracts › 14-25-2-10. Primary Source of Water; Contracts on Measured Basis

Sec. 10. The commission may enter into contracts under this chapter to provide certain minimum quantities of stream flow or to provide water on a measured basis in an area described in section 8 of this chapter. However, the opposite party to the contract is not required to pay compensation to the state for water provided in the area described in section 8 of this chapter.
[Pre-1995 Recodification Citation: 13-2-1-7(h).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 2. Minimum Stream Flow and Water Sale Contracts › 14-25-2-11. Compensation Owed by Conservancy Districts

Sec. 11. (a) As used in this section, "conservancy district" refers to a conservancy district established under IC 14-33 or under IC 13-3-3 (before its repeal) for the purpose of furnishing water supply for domestic, industrial, and public use.
(b) The state may not obtain compensation from a conservancy district under a contract for the sale of water on a unit pricing basis upon the basis of an estimate of the quantity of water provided to the conservancy district.
(c) The calculation of the compensation owed by a conservancy district under a contract must be based upon either of the following:
(1) The measurement of the quantity of water provided to the conservancy district.
(2) The measurement of the water furnished by the conservancy district to the persons who obtain water from the conservancy district, with a reasonable allowance made for water lost by the conservancy district in the process of obtaining, treating, and furnishing the water.
(d) This section does not affect the obligation of a conservancy district to pay a minimum yearly fee in a certain amount established by a contract.
[Pre-1995 Recodification Citation: 13-2-1-7.1.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-1. "Person" Defined

Sec. 1. As used in this chapter, "person" means an individual, a firm, a limited liability company, a corporation, an association, or a governmental agency. However, for purposes of sections 6 through 10 of this chapter, the term does not include a public utility privately or publicly owned engaged in supplying or furnishing public utility service to the residents and business institutions of a city, town, or public institution within a restricted use area.
[Pre-1995 Recodification Citation: 13-2-2-5(a) part.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-2. "Waste" and "Wasted" Defined

Sec. 2. As used in this chapter, "waste" or "wasted" means any of the following:
(1) Permitting ground water to flow or taking or using ground water in any manner so that the ground water is not put to the full beneficial use.
(2) Transporting ground water from the water's source to the place of use in such a manner that there is an excessive loss in transit.
(3) Permitting or causing the pollution of a fresh water strata through an act that will cause salt water, highly mineralized water, or otherwise contaminated water to enter the strata.
[Pre-1995 Recodification Citation: 13-2-2-1 part.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-3. Public Policy Regarding Conservation of Ground Water

Sec. 3. It is a public policy of the state in the interest of the economy, health, and welfare of Indiana and the citizens of Indiana to conserve and protect the ground water resources of Indiana and for that purpose to provide reasonable regulations for the most beneficial use and disposition of ground water resources.
[Pre-1995 Recodification Citation: 13-2-2-2.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-4. Restricted Use Areas; Designation

Sec. 4. (a) The department may by rule or order, when the department has reason to believe it is necessary and in the public interest, designate certain areas of Indiana where the withdrawal of ground waters exceeds or threatens to exceed natural replenishment as restricted use areas. Before the department designates an area as a restricted use area, the department shall do the following:
(1) Have surveys made of the ground water resources of the area.
(2) Determine the safe annual yield of the basin.
(b) The department may do the following:
(1) Cooperate with the agencies of the federal government engaged in making ground water surveys.
(2) Accept and use the findings of other agencies of the federal and state governments as a basis of the department's decisions.
[Pre-1995 Recodification Citation: 13-2-2-3.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-5. Restricted Use Areas; Orders, Rules, and Notice of Hearing

Sec. 5. (a) Whenever the department designates a restricted use area, the department shall approve an order to that effect and adopt a rule under IC 4-22-2.
(b) In addition to the publication of notice provided for in IC 4-22-2, the department shall, for the purposes of this chapter only, do the following:
(1) Give notice by publication one (1) time each week for three (3) consecutive weeks in all of the newspapers of general circulation in the area to be designated as a restricted use area.
(2) Give ten (10) days written notice to all public utilities privately or publicly owned engaged in furnishing water to residents of the restricted use area.
(3) Give ten (10) days written notice to:
(A) the executive of each city and town;
(B) the president of each county executive in a county that does not have a consolidated city; and
(C) the county executive in a county that has a consolidated city;
in the restricted use area.
(4) Have the notice posted at least ten (10) days before the hearing as follows:
(A) At the door of the courthouse.
(B) At the city or town hall if there is a city or town hall in the restricted use area.
(C) In at least three (3) other public places.
(c) Proof of the notice shall be made at the hearing by the affidavits of the publishers of the newspapers and of the persons who posted and sent the other notices required by this section.
[Pre-1995 Recodification Citation: 13-2-2-4.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-6. Withdrawal Permits; Requirement

Sec. 6. In a restricted use area, a person may not withdraw or use for any purpose ground water in quantities in excess of one hundred thousand (100,000) gallons per day in addition to the quantity the person is using at the time the order designating the area as a restricted use area becomes effective, unless the person has obtained a permit from the department to withdraw or use a greater quantity.
[Pre-1995 Recodification Citation: 13-2-2-5(a) part.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-7. Withdrawal Permits; Application

Sec. 7. A person that:
(1) desires to withdraw or use a quantity greater than one hundred thousand (100,000) gallons per day in addition to the quantity being used at the time of the effective date of an order declaring an area as a restricted use area; or
(2) desires to withdraw or use a quantity greater than one hundred thousand (100,000) gallons per day if the applicant was not a prior user of ground water;
must apply for permission to do so to the department upon a form prescribed by the department.
[Pre-1995 Recodification Citation: 13-2-2-5(b).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-8. Withdrawal Permits; Factors to Consider

Sec. 8. In granting or refusing a permit, the department shall consider the following:
(1) The effect the withdrawal of additional ground water from the restricted use area will have on future supplies in the area.
(2) What use is to be made of the water.
(3) How the withdrawal will affect present users of ground water in the area.
(4) Whether the future natural replenishment is likely to become more or less.
(5) Whether future demands for ground water are likely to be greater or less.
(6) How the withdrawal of additional ground water will affect the health and best interests of the public.
[Pre-1995 Recodification Citation: 13-2-2-5(c).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-9. Withdrawal Permits; Conditions

Sec. 9. In granting a permit, the department may do the following:
(1) Impose the conditions or stipulations that are necessary to conserve the ground water of the area and prevent waste, exhaustion, or impairment of the ground water.
(2) Require that ground water in a restricted area that is withdrawn and used be returned to the ground through wells, pits, or spreading grounds. If this condition is imposed, the water shall be returned under the rules that the department adopts subject to the approval of the environmental rules board to avoid pollution of underground water.
[Pre-1995 Recodification Citation: 13-2-2-5(d), (e).]
As added by P.L.1-1995, SEC.18. Amended by P.L.113-2014, SEC.97.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-10. Withdrawal Permits; Judicial Review

Sec. 10. A refusal to grant a permit is subject to court review under IC 4-21.5-5.
[Pre-1995 Recodification Citation: 13-2-2-5(f).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-11. Statements of Average Daily Use of Ground Water

Sec. 11. (a) All users of ground water in amounts exceeding one hundred thousand (100,000) gallons per day in an area designated by the department as a restricted use area shall file with the department a certified statement of the average daily amount of ground water used before the designation of the area as a restricted use area. The statement:
(1) shall be filed within ninety (90) days after the adoption of an order by the department designating the area as a restricted use area; and
(2) must be on a form furnished by the department upon request.
(b) Failure to file a certified statement as required by subsection (a) invalidates a user's prior claim to the withdrawal and use of ground water exceeding one hundred thousand (100,000) gallons per day without having secured a permit from the department under this chapter.
[Pre-1995 Recodification Citation: 13-2-2-6.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-12. Records Regarding Drilling of New Wells

Sec. 12. In a restricted use area, each well owner or the representatives of the well owner shall file with the department, on forms furnished by the department, a complete record of each new well drilled within the area. The record:
(1) shall be filed within thirty (30) days after the well has been completed and placed in operation; and
(2) must contain the following:
(A) A log of the following:
(i) The well.
(ii) The static water level.
(iii) The yield.
(iv) The drawdown.
(B) Other pertinent information that is required by the department.
[Pre-1995 Recodification Citation: 13-2-2-7.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-13. Withdrawal Permits; Title or Lease to Property Required

Sec. 13. A permit may not be issued to an applicant requesting permission to withdraw and use more than one hundred thousand (100,000) gallons per day of ground water from a designated restricted use area who does not:
(1) have title; or
(2) hold a lease;
to the property from which the water is to be withdrawn.
[Pre-1995 Recodification Citation: 13-2-2-8.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-14. Meters

Sec. 14. The department may require a user of ground water in amounts exceeding one hundred thousand (100,000) gallons per day in designated restricted use areas to install a meter if any of the following conditions exist:
(1) The user is unable to furnish accurate information concerning the amounts of ground water being withdrawn and used.
(2) There is evidence of either of the following:
(A) The user's certified statement is false or inaccurate.
(B) The user is withdrawing and using a larger quantity than has been authorized by the department under this chapter.
[Pre-1995 Recodification Citation: 13-2-2-9.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-15. Waste of Water

Sec. 15. (a) In a restricted use area, the department may require a person found to be committing waste of ground water to return all or a part of the water to the ground if the following conditions are met:
(1) The water being wasted can safely and practicably be returned to the ground.
(2) Requirements are imposed as proportionately equal as is practicable on all persons committing waste.
(b) The use of ground water for cooling purposes may constitute waste if the water is:
(1) not used more than one (1) time in a cooling, air conditioning, or heating system; and
(2) not put to further beneficial use.
(c) In a restricted use area the department may require the owner of a flowing well:
(1) that exceeds a flow of one thousand five hundred (1,500) gallons per day; and
(2) whose water is being wasted;
to install the controls on the well that are necessary to diminish the daily flow to not more than one thousand five hundred (1,500) gallons.
[Pre-1995 Recodification Citation: 13-2-2-10 part.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-16. Determination of Quantity of Ground Water Removed

Sec. 16. (a) As used in this section, "rated capacity of a pump" means the number of gallons of water a pump is capable of discharging in a given time as determined by the manufacturer or by certified pump tests.
(b) In determining the quantity of water being removed from or returned to the ground, the department may use the following:
(1) The rated capacity of the pump used for pumping the water.
(2) The rated capacity of the cooling system.
(3) Data furnished by the well driller or user.
(4) The standards or methods employed by the United States Geological Survey in determining quantities.
(5) Any other accepted method.
[Pre-1995 Recodification Citations: 13-2-2-1 part; 13-2-2-11.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-17. Adoption of Rules

Sec. 17. The department may adopt the rules that are necessary to do the following:
(1) Determine within reasonable limits quantities of water being removed from the ground.
(2) Administer any of the other provisions of this chapter.
[Pre-1995 Recodification Citation: 13-2-2-12.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 3. Water Rights; Ground Water › 14-25-3-18. Violations

Sec. 18. A person who violates:
(1) section 6, 11, or 12 of this chapter; or
(2) a rule or order concerning a restricted use area;
commits a Class C infraction. Each day of violation constitutes a separate infraction.
[Pre-1995 Recodification Citation: 13-2-2-13.]
As added by P.L.1-1995, SEC.18. Amended by P.L.195-2014, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-1. "Construction"

Sec. 1. As used in this chapter, "construction" means the process of building a building, highway, utility, or another structure. The term includes the following:
(1) The process of assembling materials.
(2) Disassembling and removing a structure.
(3) The preparation of the construction site.
(4) Related work.
[Pre-1995 Recodification Citation: 13-2-2.5-2(c).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-2. "Dewatering Well"

Sec. 2. As used in this chapter, "dewatering well" means a temporary water well that:
(1) is used as part of a construction project to remove water from a surface or subsurface area; and
(2) ceases to be used upon completion of the construction project or shortly after completion of the project.
[Pre-1995 Recodification Citation: 13-2-2.5-2(e).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-3. "Nonsignificant Ground Water Withdrawal Facility"

Sec. 3. As used in this chapter, "nonsignificant ground water withdrawal facility" means the ground water withdrawal facility of a person that, in the aggregate, has a withdrawal capability of less than one hundred thousand (100,000) gallons of ground water in one (1) day.
[Pre-1995 Recodification Citation: 13-2-2.5-2(h).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-4. "Owner"

Sec. 4. (a) As used in this chapter and subject to subsection (b), "owner" includes the following:
(1) The owner of an interest in property.
(2) A person in possession of property.
(b) For a temporary dewatering well, "owner" means the person who authorized the construction that necessitated the installation of the dewatering well.
[Pre-1995 Recodification Citation: 13-2-2.5-2(i).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-5. "Potable Water"

Sec. 5. As used in this chapter, "potable water" means water that at the point of use is acceptable for human consumption under drinking water quality standards adopted by the environmental rules board under IC 13-18-4-1.
[Pre-1995 Recodification Citation: 13-2-2.5-2(k).]
As added by P.L.1-1995, SEC.18. Amended by P.L.1-1996, SEC.65; P.L.113-2014, SEC.98.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-6. "Significant Ground Water Withdrawal Facility"

Sec. 6. As used in this chapter, "significant ground water withdrawal facility" means the ground water withdrawal facility of a person that, in the aggregate from all sources and by all methods, has the capability of withdrawing at least one hundred thousand (100,000) gallons of ground water in one (1) day.
[Pre-1995 Recodification Citation: 13-2-2.5-2(l).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-7. "Water Well"

Sec. 7. (a) As used in this chapter, "water well" means an excavation, however constructed, that is used for the purpose of withdrawing ground water for reasonable beneficial uses.
(b) The term does not include agricultural and urban drainage systems.
[Pre-1995 Recodification Citation: 13-2-2.5-2(m).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-8. Investigations

Sec. 8. Within twenty-four (24) hours after receiving a written complaint from the owner of a nonsignificant ground water withdrawal facility that a water well on property in the owner's possession has:
(1) failed to furnish the well's normal supply of water; or
(2) failed to furnish potable water;
the director shall cause an onsite investigation to be made.
[Pre-1995 Recodification Citation: 13-2-2.5-3(a).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-9. Ground Water Emergency; Based on Investigation

Sec. 9. If an investigation under section 8 of this chapter discloses:
(1) that the well has:
(A) failed to furnish the well's normal supply of water; or
(B) based upon reasonable evidence of prior potability supplied by the owner, failed to furnish potable water;
(2) that there has been a substantial lowering of the level of ground water in the area that has resulted in the failure of the well to:
(A) furnish the well's normal supply of water; or
(B) furnish potable water if the failure is caused by natural variations in the potability of water in the source aquifer;
(3) that the well and the well's equipment were functioning properly at the time of the failure;
(4) that the failure of the well was caused by the lowering of the ground water level in the area;
(5) that the lowering of the ground water level is such that the ground water level:
(A) exceeds normal seasonal water level fluctuations; and
(B) substantially impairs continued use of the ground water resource in the area; and
(6) that the lowering of the ground water level was caused by at least one (1) significant ground water withdrawal facility;
the director shall, by temporary order, declare a ground water emergency.
[Pre-1995 Recodification Citation: 13-2-2.5-3(b).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-10. Ground Water Emergency; Based on Other Evidence

Sec. 10. If the director has reasonable evidence that indicates that continued ground water withdrawals from a significant ground water withdrawal facility will exceed the recharge capability of the ground water resource of the area, the director shall, by temporary order, declare a ground water emergency.
[Pre-1995 Recodification Citation: 13-2-2.5-3(c).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-11. Notice of Hearing

Sec. 11. A temporary order under section 9 or 10 of this chapter must include a notice of hearing to be held under IC 4-21.5-4 as soon as practicable after the declaration of the ground water emergency. Following the hearing, the director may continue, amend, or terminate the ground water emergency. The emergency shall be terminated as soon as justified by changed conditions.
[Pre-1995 Recodification Citation: 13-2-2.5-3.5(a).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-12. Restrictions on Withdrawal of Ground Water

Sec. 12. (a) Except as provided in subsection (b), the director may restrict the quantity of ground water that may be extracted from a significant ground water withdrawal facility when the director declares a ground water emergency under section 9 or 10 of this chapter if:
(1) the:
(A) facility is reasonably believed to have caused the failure of the complainant's water well; and
(B) immediate temporary provision of an adequate supply of potable water required under sections 18(1) and 20(a) of this chapter is not carried out; or
(2) there is a reasonable belief that continued ground water withdrawals from the facility will exceed the recharge capability of the ground water resource of the area.
(b) If an operator of a significant ground water withdrawal facility withdraws water by a means other than pumping, the director may temporarily restrict the quantity of ground water that may be extracted only if the provisions of subsection (a)(1) have not been met.
[Pre-1995 Recodification Citation: 13-2-2.5-3.5(b), (c).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-13. Adoption of Rules

Sec. 13. The commission may adopt rules under IC 4-22-2 to administer this chapter. The rules must be consistent with IC 25-39 and rules adopted under IC 25-39.
[Pre-1995 Recodification Citation: 13-2-2.5-5.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-14. Ground Water Emergency; When Effective; Notice

Sec. 14. (a) A declaration of a ground water emergency under this chapter is effective when a copy of a declaration is served under IC 4-21.5-3-1 upon a person who owns the significant ground water withdrawal facility that is reasonably believed to have caused the failure of the complainant's water well.
(b) As soon as possible after a declaration of a ground water emergency has been made, copies of the declaration shall be given to the newspapers of general circulation located in the affected county. The notification to newspapers required by this subsection is in addition to the minimum procedural duties required of the department under IC 4-21.5 and does not satisfy service of process by publication under IC 4-21.5-3-1(f).
(c) If the emergency requires action before service can be completed under subsection (a), oral notification in person by a representative of the department and authorized by the director is sufficient until service can be completed. Oral notification is effective for not more than ninety-six (96) hours.
[Pre-1995 Recodification Citation: 13-2-2.5-6.]
As added by P.L.1-1995, SEC.18. Amended by P.L.32-2011, SEC.8.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-15. Effect on Civil Right of Action

Sec. 15. This chapter does not:
(1) create a new; or
(2) abridge an existing;
civil right of action.
[Pre-1995 Recodification Citation: 13-2-2.5-8.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-16. Violations; Injunctions

Sec. 16. (a) A person who violates a rule or order adopted under this chapter concerning a ground water emergency commits a Class A infraction.
(b) The commission may, without proof of irreparable injury, maintain an action to enjoin a violation of this chapter.
[Pre-1995 Recodification Citation: 13-2-2.5-9.]
As added by P.L.1-1995, SEC.18. Amended by P.L.195-2014, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-17. Right to Compensation for Impairment of Nonsignificant Ground Water Withdrawal Facilities

Sec. 17. The owner of a significant ground water withdrawal facility shall, subject to an order issued under section 20 of this chapter or under IC 13-2-2.5-11 (before its repeal), provide timely and reasonable compensation to persons who own nonsignificant ground water withdrawal facilities if there is failure or substantial impairment of those facilities as set forth in section 8 of this chapter if both of the following conditions exist:
(1) The failure or substantial impairment was caused by the ground water withdrawals of the significant ground water withdrawal facility.
(2) Either:
(A) the affected nonsignificant ground water withdrawal facility was in existence before January 1, 1986; or
(B) if constructed after December 31, 1985, the facility conforms to the rules of the department issued under section 13 of this chapter. Water wells constructed after December 31, 1985, but before the adoption of rules under this chapter must conform to the Recommended Guidelines of the department in Information Bulletin No. 3 published at 9 IR 1242.
[Pre-1995 Recodification Citation: 13-2-2.5-10(a).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-18. Measure of Compensation

Sec. 18. Timely and reasonable compensation under section 17 of this chapter consists of and is limited to the following:
(1) The immediate temporary provision at the prior point of use of an adequate supply of potable water.
(2) Reimbursement of expenses reasonably incurred by the complainant to do the following:
(A) Obtain an immediate temporary provision at the prior point of use of an adequate supply of potable water.
(B) Provide timely and reasonable compensation as provided in subdivision (3)(A) and (3)(B).
(3) Either:
(A) the restoration of the affected nonsignificant ground water withdrawal facility to the facility's former relative capability;
(B) the permanent provision at the point of use of an alternative potable supply of equal quantity; or
(C) the permanent restriction or scheduling of the ground water withdrawals of the significant ground water withdrawal facility so that the affected water well continues to produce:
(i) the well's normal supply of water; or
(ii) the normal supply of potable water if the well normally furnishes potable water.
[Pre-1995 Recodification Citation: 13-2-2.5-10(b).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-19. Refusal of Compensation

Sec. 19. The refusal of an owner of an affected nonsignificant ground water withdrawal facility to accept timely and reasonable compensation is sufficient grounds for the department to terminate an order imposed on a responsible significant ground water withdrawal facility. An owner may request a hearing under IC 4-21.5 if the owner does not believe compensation was timely or reasonable.
[Pre-1995 Recodification Citation: 13-2-2.5-10(c).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-20. Ground Water Emergency; Temporary Provision of Potable Water

Sec. 20. (a) Upon the declaration of a ground water emergency under section 9 of this chapter, the director shall, by temporary order, require the immediate temporary provision at the prior point of use of an adequate supply of potable water. A temporary order under section 9 or 10 of this chapter remains in effect for ninety (90) days unless:
(1) terminated by the director before the expiration of ninety (90) days; or
(2) extended under IC 4-21.5-4-5(b) during the pendency of a proceeding under section 18(2) and 18(3) of this chapter.
(b) The commission shall implement section 18(2) and 18(3) of this chapter by order. Before the commission enters an initial determination of the order, the department shall conduct an investigation and provide affected persons with an informal opportunity to contribute to the investigation. All final orders of the commission shall be issued under IC 4-21.5-3.
[Pre-1995 Recodification Citation: 13-2-2.5-11.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 4. Emergency Regulation of Ground Water Rights › 14-25-4-21. Nonsignificant Ground Water Withdrawal Facilities to Comply With Rules

Sec. 21. (a) An owner of a new nonsignificant ground water withdrawal facility who desires to receive the protection of this chapter must construct the facility to conform to the rules adopted under section 13 of this chapter.
(b) Before a licensed water well drilling contractor or plumbing contractor drills and equips a ground water withdrawal facility for a person, the contractor must advise the person of the provisions of this chapter.
[Pre-1995 Recodification Citation: 13-2-2.5-12.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-1. Applicability of Chapter

Sec. 1. This chapter applies to each freshwater lake that contains at least ten (10) acres at the body of water's normal level.
[Pre-1995 Recodification Citation: 13-2-2.6-5 part.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-2. "Financial Responsibility Bond" Defined

Sec. 2. As used in this chapter, "financial responsibility bond" means a surety bond, a certificate of deposit, a cashier's check, or a letter of credit.
[Pre-1995 Recodification Citation: 13-2-2.6-4.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-3. "Freshwater Lake" Defined

Sec. 3. (a) As used in this chapter, "freshwater lake" means a body of standing surface water that:
(1) is of natural origin; or
(2) was:
(A) originally constructed to permanently retain water; and
(B) in existence at least five (5) years before the commencement of water withdrawals by a significant water withdrawal facility.
(b) The term does not include Lake Michigan.
[Pre-1995 Recodification Citation: 13-2-2.6-5 part.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-4. "Lake Owner" Defined

Sec. 4. As used in this chapter, "lake owner" means a person in possession of property that includes:
(1) a physical part of; or
(2) a legal interest in;
a freshwater lake.
[Pre-1995 Recodification Citation: 13-2-2.6-6.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-5. "Significant Water Withdrawal Facility" Defined

Sec. 5. As used in this chapter, "significant water withdrawal facility" means a water pumping installation or other equipment of a person that, in the aggregate from all sources and by all methods, has the capability of withdrawing at least one hundred thousand (100,000) gallons of water in one (1) day.
[Pre-1995 Recodification Citation: 13-2-2.6-8.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-6. Investigations

Sec. 6. Not later than five (5) days after receiving a written complaint from a lake owner that:
(1) the level of a freshwater lake has been lowered:
(A) significantly below the lake's normal level as legally established under IC 14-26-4 or under IC 13-2-13 (before its repeal); or
(B) if the normal level has not been legally established under IC 14-26-4 or under IC 13-2-13 (before its repeal), significantly below the water line or shoreline as determined by existing water level records or by the action of the water that has marked upon the soil of the bed of the lake a character distinct from that of the bank with respect to vegetation and the nature of the soil; and
(2) the lowering of the lake level is believed to be caused by at least one (1) active significant water withdrawal facility operated within one-half (1/2) mile of the freshwater lake;
the director shall give notice to those persons responsible for the operation of the significant water withdrawal facility believed to have caused lowering of the lake level and cause an onsite investigation to be made.
[Pre-1995 Recodification Citation: 13-2-2.6-9.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-7. Freshwater Lake Emergency; Based on Investigation

Sec. 7. (a) If an onsite investigation under section 6 of this chapter discloses that:
(1) the operation of at least one (1) significant water withdrawal facility has caused the freshwater lake to be lowered significantly below a level described in section 6(1) of this chapter; and
(2) the lowering of the lake level is likely to result in significant environmental harm to the freshwater lake or to adjacent property;
the director shall, by temporary order, declare a freshwater lake emergency.
(b) A temporary order may:
(1) restrict the quantity of water that is extracted by the causative significant water withdrawal facility; and
(2) provide for the restoration of the normal water level of the freshwater lake;
as needed to prevent significant environmental harm to the freshwater lake or adjacent property.
(c) A restoration order under subsection (b)(2) may allow the significant water withdrawal facility to discharge water of an acceptable quality into the affected freshwater lake.
[Pre-1995 Recodification Citation: 13-2-2.6-10.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-8. Freshwater Lake Emergency; Effectiveness

Sec. 8. A temporary order under section 7 of this chapter is effective when a copy of the order is served under IC 4-21.5-3-1 upon a person that owns or operates the significant water withdrawal facility.
[Pre-1995 Recodification Citation: 13-2-2.6-11.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-9. Temporary Orders Upon Finding of Improper Management or Poor Maintenance

Sec. 9. If an onsite investigation under section 6 of this chapter discloses that the complaining lake owner has, through improper management or poor maintenance of the lake, caused or contributed to the lowering of the freshwater lake to a level significantly below a level described in section 6(1) of this chapter, the director may:
(1) not issue a temporary order under section 7 of this chapter; or
(2) issue a temporary order under section 7 of this chapter that requires the significant water withdrawal facility to restrict the facility's extraction of water or restore water only to the extent the director determines the lowering of the freshwater lake level is caused by the significant water withdrawal facility.
[Pre-1995 Recodification Citation: 13-2-2.6-12.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-10. Financial Responsibility Bonds; Filing

Sec. 10. (a) Except as provided under subsection (b), the operator of a significant water withdrawal facility may obtain relief from a temporary order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal) by filing with the director a financial responsibility bond in an amount not:
(1) less than one thousand dollars ($1,000); or
(2) more than ten thousand dollars ($10,000);
for each acre contained in the freshwater lake. The aggregate amount of financial responsibility bond that may be assessed on the operator of a significant water withdrawal facility may not exceed fifty thousand dollars ($50,000).
(b) The director may not allow a significant water withdrawal facility to file a financial responsibility bond under subsection (a) if the department determines that a freshwater lake or an adjacent property contains an extraordinary or a unique natural resource that is likely to be irreparably damaged as a result of the lowering of the freshwater lake. The burden of proof to establish the presence of an extraordinary or a unique natural resource rests with the department.
[Pre-1995 Recodification Citation: 13-2-2.6-13(a), (b).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-11. Financial Responsibility Bonds; Compensation, Forfeiture

Sec. 11. (a) After a bond is filed under section 10 of this chapter, the operator of a significant water withdrawal facility and a complaining lake owner may enter into a written agreement for compensation to the lake owner instead of bond forfeiture.
(b) If:
(1) the operator and lake owner have not entered into an agreement within three (3) years after a temporary order under section 7 of this chapter has been issued; and
(2) the freshwater lake has not returned to normal;
the director shall order the forfeit to the benefit of the lake owner of the part of the bond filed under section 10 of this chapter that is needed to provide compensation under section 10 of this chapter.
(c) If a financial responsibility bond has been filed for the benefit of more than one (1) complaining lake owner, the amount of the bond forfeited under subsection (b) shall be distributed to the affected complaining lake owners on a pro rata basis.
(d) Instead of forfeiting a bond under subsection (b), the operator of a significant water withdrawal facility may pay cash to a lake owner in the amount of the part of the bond forfeited under subsection (b).
[Pre-1995 Recodification Citation: 13-2-2.6-13(c), (d), (e).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-12. Agreements to Compensate Owners for Diminution in Value

Sec. 12. A significant water withdrawal facility and a lake owner may enter into an agreement to compensate the lake owner for the diminution in value of the lake owner's property caused by significant lowering of the lake level. If a significant water withdrawal facility and a lake owner enter into an agreement under this section, the owner of the significant water withdrawal facility is not required to file a financial responsibility bond under section 10 of this chapter.
[Pre-1995 Recodification Citation: 13-2-2.6-14.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-13. Temporary Orders

Sec. 13. (a) A temporary order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal) must include a notice of hearing to be held under IC 4-21.5-4 as soon as practicable after the declaration of the freshwater lake emergency. Following the hearing, the director may continue, amend, or terminate the freshwater lake emergency order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal).
(b) If a freshwater lake emergency order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal) is terminated after a bond under section 10 of this chapter or under IC 13-2-2.6-13 (before its repeal) has been filed, the termination order must provide for the immediate release of the bond.
[Pre-1995 Recodification Citation: 13-2-2.6-15.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 5. Emergency Regulation of Surface Water Rights › 14-25-5-14. Permanent Orders

Sec. 14. Upon application by the director or a lake owner, the commission may cause a temporary order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal) to be made a permanent order. A permanent order is subject to IC 4-21.5-3-6.
[Pre-1995 Recodification Citation: 13-2-2.6-16.]
As added by P.L.1-1995, SEC.18.