CHAPTER 4. EMERGENCY REGULATION OF GROUND WATER RIGHTS
IC 14-25-4
Chapter 4. Emergency Regulation of Ground Water Rights
IC 14-25-4-1
"Construction" defined
Sec. 1. As used in this chapter, "construction" means the processof building a building, highway, utility, or another structure. Theterm 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.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-2
"Dewatering well" defined
Sec. 2. As used in this chapter, "dewatering well" means atemporary water well that:
(1) is used as part of a construction project to remove waterfrom a surface or subsurface area; and
(2) ceases to be used upon completion of the constructionproject or shortly after completion of the project.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-3
"Nonsignificant ground water withdrawal facility" defined
Sec. 3. As used in this chapter, "nonsignificant ground waterwithdrawal facility" means the ground water withdrawal facility ofa person that, in the aggregate, has a withdrawal capability of lessthan one hundred thousand (100,000) gallons of ground water in one(1) day.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-4
"Owner" defined
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 personwho authorized the construction that necessitated the installation ofthe dewatering well.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-5
"Potable water" defined
Sec. 5. As used in this chapter, "potable water" means water thatat the point of use is acceptable for human consumption underdrinking water quality standards adopted by the water pollutioncontrol board under IC 13-18-4-1.As added by P.L.1-1995, SEC.18. Amended by P.L.1-1996, SEC.65.
IC 14-25-4-6
"Significant ground water withdrawal facility" defined
Sec. 6. As used in this chapter, "significant ground waterwithdrawal facility" means the ground water withdrawal facility ofa 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.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-7
"Water well" defined
Sec. 7. (a) As used in this chapter, "water well" means anexcavation, however constructed, that is used for the purpose ofwithdrawing ground water for reasonable beneficial uses.
(b) The term does not include agricultural and urban drainagesystems.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-8
Investigations
Sec. 8. Within twenty-four (24) hours after receiving a writtencomplaint from the owner of a nonsignificant ground waterwithdrawal facility that a water well on property in the owner'spossession 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.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-9
Ground water emergency; based on investigation
Sec. 9. If an investigation under section 8 of this chapterdiscloses:
(1) that the well has:
(A) failed to furnish the well's normal supply of water; or
(B) based upon reasonable evidence of prior potabilitysupplied by the owner, failed to furnish potable water;
(2) that there has been a substantial lowering of the level ofground water in the area that has resulted in the failure of thewell to:
(A) furnish the well's normal supply of water; or
(B) furnish potable water if the failure is caused by naturalvariations in the potability of water in the source aquifer;
(3) that the well and the well's equipment were functioningproperly at the time of the failure;
(4) that the failure of the well was caused by the lowering of theground 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 waterresource in the area; and
(6) that the lowering of the ground water level was caused by atleast one (1) significant ground water withdrawal facility;
the director shall, by temporary order, declare a ground wateremergency.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-10
Ground water emergency; based on other evidence
Sec. 10. If the director has reasonable evidence that indicates thatcontinued ground water withdrawals from a significant ground waterwithdrawal facility will exceed the recharge capability of the groundwater resource of the area, the director shall, by temporary order,declare a ground water emergency.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-11
Notice of hearing
Sec. 11. A temporary order under section 9 or 10 of this chaptermust include a notice of hearing to be held under IC 4-21.5-4 as soonas practicable after the declaration of the ground water emergency.Following the hearing, the director may continue, amend, orterminate the ground water emergency. The emergency shall beterminated as soon as justified by changed conditions.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-12
Restrictions on withdrawal of ground water
Sec. 12. (a) Except as provided in subsection (b), the director mayrestrict the quantity of ground water that may be extracted from asignificant ground water withdrawal facility when the directordeclares a ground water emergency under section 9 or 10 of thischapter if:
(1) the:
(A) facility is reasonably believed to have caused the failureof the complainant's water well; and
(B) immediate temporary provision of an adequate supply ofpotable water required under sections 18(1) and 20(a) of thischapter is not carried out; or
(2) there is a reasonable belief that continued ground waterwithdrawals from the facility will exceed the rechargecapability of the ground water resource of the area.
(b) If an operator of a significant ground water withdrawal facilitywithdraws water by a means other than pumping, the director maytemporarily restrict the quantity of ground water that may beextracted only if the provisions of subsection (a)(1) have not beenmet.As added by P.L.1-1995, SEC.18.
IC 14-25-4-13
Adoption of rules
Sec. 13. The commission may adopt rules under IC 4-22-2 toadminister this chapter. The rules must be consistent with IC 25-39and rules adopted under IC 25-39.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-14
Ground water emergency; when effective, notice
Sec. 14. (a) A declaration of a ground water emergency under thischapter is effective when a copy of a declaration is served underIC 4-21.5-3-1 upon a person who owns the significant ground waterwithdrawal facility that is reasonably believed to have caused thefailure of the complainant's water well.
(b) As soon as possible after a declaration of a ground wateremergency has been made, copies of the declaration shall be givento the newspapers of general circulation located in the affectedcounty. The notification to newspapers required by this subsectionis in addition to the minimum procedural duties required of thedepartment under IC 4-21.5 and does not satisfy service of processby publication under IC 4-21.5-3-1(d).
(c) If the emergency requires action before service can becompleted under subsection (a), oral notification in person by arepresentative of the department and authorized by the director issufficient until service can be completed. Oral notification iseffective for not more than ninety-six (96) hours.
As added by P.L.1-1995, SEC.18.
IC 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.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-16
Violations; injunctions
Sec. 16. (a) A person who violates this chapter commits a ClassA infraction.
(b) The commission may, without proof of irreparable injury,maintain an action to enjoin a violation of this chapter.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-17
Right to compensation for impairment of nonsignificant groundwater withdrawal facilities
Sec. 17. The owner of a significant ground water withdrawal
facility shall, subject to an order issued under section 20 of thischapter or under IC 13-2-2.5-11 (before its repeal), provide timelyand reasonable compensation to persons who own nonsignificantground water withdrawal facilities if there is failure or substantialimpairment of those facilities as set forth in section 8 of this chapterif both of the following conditions exist:
(1) The failure or substantial impairment was caused by theground water withdrawals of the significant ground waterwithdrawal facility.
(2) Either:
(A) the affected nonsignificant ground water withdrawalfacility was in existence before January 1, 1986; or
(B) if constructed after December 31, 1985, the facilityconforms to the rules of the department issued under section13 of this chapter. Water wells constructed after December31, 1985, but before the adoption of rules under this chaptermust conform to the Recommended Guidelines of thedepartment in Information Bulletin No. 3 published at 9 IR1242.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-18
Measure of compensation
Sec. 18. Timely and reasonable compensation under section 17 ofthis chapter consists of and is limited to the following:
(1) The immediate temporary provision at the prior point of useof an adequate supply of potable water.
(2) Reimbursement of expenses reasonably incurred by thecomplainant to do the following:
(A) Obtain an immediate temporary provision at the priorpoint of use of an adequate supply of potable water.
(B) Provide timely and reasonable compensation as providedin subdivision (3)(A) and (3)(B).
(3) Either:
(A) the restoration of the affected nonsignificant groundwater withdrawal facility to the facility's former relativecapability;
(B) the permanent provision at the point of use of analternative potable supply of equal quantity; or
(C) the permanent restriction or scheduling of the groundwater withdrawals of the significant ground waterwithdrawal facility so that the affected water well continuesto produce:
(i) the well's normal supply of water; or
(ii) the normal supply of potable water if the well normallyfurnishes potable water.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-19
Refusal of compensation Sec. 19. The refusal of an owner of an affected nonsignificantground water withdrawal facility to accept timely and reasonablecompensation is sufficient grounds for the department to terminatean order imposed on a responsible significant ground waterwithdrawal facility. An owner may request a hearing under IC 4-21.5if the owner does not believe compensation was timely or reasonable.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-20
Ground water emergency; temporary provision of potable water
Sec. 20. (a) Upon the declaration of a ground water emergencyunder section 9 of this chapter, the director shall, by temporary order,require the immediate temporary provision at the prior point of useof an adequate supply of potable water. A temporary order undersection 9 or 10 of this chapter remains in effect for ninety (90) daysunless:
(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 aproceeding under section 18(2) and 18(3) of this chapter.
(b) The commission shall implement section 18(2) and 18(3) ofthis chapter by order. Before the commission enters an initialdetermination of the order, the department shall conduct aninvestigation and provide affected persons with an informalopportunity to contribute to the investigation. All final orders of thecommission shall be issued under IC 4-21.5-3.
As added by P.L.1-1995, SEC.18.
IC 14-25-4-21
Nonsignificant ground water withdrawal facilities to comply withrules
Sec. 21. (a) An owner of a new nonsignificant ground waterwithdrawal facility who desires to receive the protection of thischapter must construct the facility to conform to the rules adoptedunder section 13 of this chapter.
(b) Before a licensed water well drilling contractor or plumbingcontractor drills and equips a ground water withdrawal facility for aperson, the contractor must advise the person of the provisions of thischapter.
As added by P.L.1-1995, SEC.18.