CHAPTER 6. WATER RIGHTS; POTABLE WATER
IC 14-25-6
Chapter 6. Water Rights; Potable Water
IC 14-25-6-1
Reduction of flow from wells
Sec. 1. The department may require the owner of a flowing waterwell to reduce the flow from the well as the department considersadvisable to prevent the loss or waste of potable water that is notbeing put to a beneficial use.
As added by P.L.1-1995, SEC.18.
IC 14-25-6-2
Permit to inject potable water into underground formationcontaining nonpotable water
Sec. 2. Except as provided in sections 4 and 5 of this chapter, apermit must be obtained from the department to inject, pump, orotherwise introduce potable ground water into an undergroundformation that contains nonpotable water. An application for a permitmust be made on forms prescribed by the department. The permitshall be issued:
(1) upon receipt of the application, unless the departmentdetermines from the application that an investigation isnecessary; and
(2) free of charge.
As added by P.L.1-1995, SEC.18.
IC 14-25-6-3
Denial of permit
Sec. 3. The department may, after an investigation has beenconducted and a hearing has been held, deny permission to anapplicant to inject, pump, or otherwise introduce potable groundwater into an underground formation that contains nonpotable waterif:
(1) the practice would:
(A) constitute a waste of potable ground water; or
(B) threaten to impair or exhaust the supply of the area; and
(2) available nonpotable water could be used instead of potablewater.
As added by P.L.1-1995, SEC.18.
IC 14-25-6-4
Injection of potable water from prolific aquifer
Sec. 4. A person may inject, pump, or otherwise introduce potableground water into an underground formation that containsnonpotable water if:
(1) the potable water is obtained from a prolific aquifer adjacentto a permanent flowing stream that is rapidly recharged; and
(2) the operator:
(A) notifies the department on a form prescribed by thedepartment of the use of the prolific aquifer; and (B) includes on the form a fair approximation of the volumeof potable water to be used.
As added by P.L.1-1995, SEC.18.
IC 14-25-6-5
Water flood projects
Sec. 5. (a) Subject to subsection (b), a person, firm, or corporationoperating a water flood project using potable ground water on March14, 1957, may do the following:
(1) Continue the flood.
(2) Use the additional potable water that is necessary.
(b) If an emergency arises affecting the water supply forhousehold or farm use, the department may, after notice and hearing,order the person, firm, or corporation to cease the use of the potableground water.
As added by P.L.1-1995, SEC.18.
IC 14-25-6-6
Violations
Sec. 6. 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.