CHAPTER 3. WATER RIGHTS; GROUND WATER
IC 14-25-3
Chapter 3. Water Rights; Ground Water
IC 14-25-3-1
"Person" defined
Sec. 1. As used in this chapter, "person" means an individual, afirm, a limited liability company, a corporation, an association, or agovernmental agency. However, for purposes of sections 6 through10 of this chapter, the term does not include a public utility privatelyor publicly owned engaged in supplying or furnishing public utilityservice to the residents and business institutions of a city, town, orpublic institution within a restricted use area.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-2
"Waste" and "wasted" defined
Sec. 2. As used in this chapter, "waste" or "wasted" means any ofthe following:
(1) Permitting ground water to flow or taking or using groundwater in any manner so that the ground water is not put to thefull beneficial use.
(2) Transporting ground water from the water's source to theplace of use in such a manner that there is an excessive loss intransit.
(3) Permitting or causing the pollution of a fresh water stratathrough an act that will cause salt water, highly mineralizedwater, or otherwise contaminated water to enter the strata.
As added by P.L.1-1995, SEC.18.
IC 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 theeconomy, health, and welfare of Indiana and the citizens of Indianato conserve and protect the ground water resources of Indiana and forthat purpose to provide reasonable regulations for the most beneficialuse and disposition of ground water resources.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-4
Restricted use areas; designation
Sec. 4. (a) The department may by rule or order, when thedepartment has reason to believe it is necessary and in the publicinterest, designate certain areas of Indiana where the withdrawal ofground waters exceeds or threatens to exceed natural replenishmentas restricted use areas. Before the department designates an area asa restricted use area, the department shall do the following:
(1) Have surveys made of the ground water resources of thearea.
(2) Determine the safe annual yield of the basin.
(b) The department may do the following: (1) Cooperate with the agencies of the federal governmentengaged in making ground water surveys.
(2) Accept and use the findings of other agencies of the federaland state governments as a basis of the department's decisions.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-5
Restricted use areas; orders, rules, and notice of hearing
Sec. 5. (a) Whenever the department designates a restricted usearea, the department shall approve an order to that effect and adopta rule under IC 4-22-2.
(b) In addition to the publication of notice provided for inIC 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 generalcirculation in the area to be designated as a restricted use area.
(2) Give ten (10) days written notice to all public utilitiesprivately or publicly owned engaged in furnishing water toresidents 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 thatdoes not have a consolidated city; and
(C) the county executive in a county that has a consolidatedcity;
in the restricted use area.
(4) Have the notice posted at least ten (10) days before thehearing as follows:
(A) At the door of the courthouse.
(B) At the city or town hall if there is a city or town hall inthe restricted use area.
(C) In at least three (3) other public places.
(c) Proof of the notice shall be made at the hearing by theaffidavits of the publishers of the newspapers and of the persons whoposted and sent the other notices required by this section.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-6
Withdrawal permits; requirement
Sec. 6. In a restricted use area, a person may not withdraw or usefor any purpose ground water in quantities in excess of one hundredthousand (100,000) gallons per day in addition to the quantity theperson is using at the time the order designating the area as arestricted use area becomes effective, unless the person has obtaineda permit from the department to withdraw or use a greater quantity.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-7
Withdrawal permits; application Sec. 7. A person that:
(1) desires to withdraw or use a quantity greater than onehundred thousand (100,000) gallons per day in addition to thequantity being used at the time of the effective date of an orderdeclaring an area as a restricted use area; or
(2) desires to withdraw or use a quantity greater than onehundred thousand (100,000) gallons per day if the applicant wasnot a prior user of ground water;
must apply for permission to do so to the department upon a formprescribed by the department.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-8
Withdrawal permits; factors to consider
Sec. 8. In granting or refusing a permit, the department shallconsider the following:
(1) The effect the withdrawal of additional ground water fromthe 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 groundwater in the area.
(4) Whether the future natural replenishment is likely to becomemore or less.
(5) Whether future demands for ground water are likely to begreater or less.
(6) How the withdrawal of additional ground water will affectthe health and best interests of the public.
As added by P.L.1-1995, SEC.18.
IC 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 toconserve 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 iswithdrawn and used be returned to the ground through wells,pits, or spreading grounds. If this condition is imposed, thewater shall be returned under the rules that the departmentadopts subject to the approval of the water pollution controlboard to avoid pollution of underground water.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-10
Withdrawal permits; judicial review
Sec. 10. A refusal to grant a permit is subject to court reviewunder IC 4-21.5-5.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-11 Statements of average daily use of ground water
Sec. 11. (a) All users of ground water in amounts exceeding onehundred thousand (100,000) gallons per day in an area designated bythe department as a restricted use area shall file with the departmenta certified statement of the average daily amount of ground waterused before the designation of the area as a restricted use area. Thestatement:
(1) shall be filed within ninety (90) days after the adoption ofan order by the department designating the area as a restricteduse area; and
(2) must be on a form furnished by the department uponrequest.
(b) Failure to file a certified statement as required by subsection(a) invalidates a user's prior claim to the withdrawal and use ofground water exceeding one hundred thousand (100,000) gallons perday without having secured a permit from the department under thischapter.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-12
Records regarding drilling of new wells
Sec. 12. In a restricted use area, each well owner or therepresentatives of the well owner shall file with the department, onforms furnished by the department, a complete record of each newwell drilled within the area. The record:
(1) shall be filed within thirty (30) days after the well has beencompleted 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 thedepartment.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-13
Withdrawal permits; title or lease to property required
Sec. 13. A permit may not be issued to an applicant requestingpermission to withdraw and use more than one hundred thousand(100,000) gallons per day of ground water from a designatedrestricted use area who does not:
(1) have title; or
(2) hold a lease;
to the property from which the water is to be withdrawn.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-14
Meters Sec. 14. The department may require a user of ground water inamounts exceeding one hundred thousand (100,000) gallons per dayin designated restricted use areas to install a meter if any of thefollowing conditions exist:
(1) The user is unable to furnish accurate informationconcerning the amounts of ground water being withdrawn andused.
(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 thanhas been authorized by the department under this chapter.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-15
Waste of water
Sec. 15. (a) In a restricted use area, the department may require aperson found to be committing waste of ground water to return all ora part of the water to the ground if the following conditions are met:
(1) The water being wasted can safely and practicably bereturned to the ground.
(2) Requirements are imposed as proportionately equal as ispracticable on all persons committing waste.
(b) The use of ground water for cooling purposes may constitutewaste if the water is:
(1) not used more than one (1) time in a cooling, airconditioning, or heating system; and
(2) not put to further beneficial use.
(c) In a restricted use area the department may require the ownerof 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 thedaily flow to not more than one thousand five hundred (1,500)gallons.
As added by P.L.1-1995, SEC.18.
IC 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 ofdischarging in a given time as determined by the manufacturer or bycertified pump tests.
(b) In determining the quantity of water being removed from orreturned 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 StatesGeological Survey in determining quantities. (5) Any other accepted method.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-17
Adoption of rules
Sec. 17. The department may adopt the rules that are necessary todo the following:
(1) Determine within reasonable limits quantities of water beingremoved from the ground.
(2) Administer any of the other provisions of this chapter.
As added by P.L.1-1995, SEC.18.
IC 14-25-3-18
Violations
Sec. 18. A person who violates this chapter commits a Class Cinfraction. Each day of violation constitutes a separate infraction.
As added by P.L.1-1995, SEC.18.