CHAPTER 7. WATER RESOURCE MANAGEMENT
IC 14-25-7
Chapter 7. Water Resource Management
IC 14-25-7-1
"Aquifer" defined
Sec. 1. As used in this chapter, "aquifer" means an undergroundgeologic formation that:
(1) is consolidated or unconsolidated; and
(2) has the ability to receive, store, and transmit water inamounts sufficient for the satisfaction of any beneficial use.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-2
"Beneficial use" defined
Sec. 2. As used in this chapter, "beneficial use" means the use ofwater for any useful and productive purpose. The term includes thefollowing uses:
(1) Domestic.
(2) Agricultural, including irrigation.
(3) Industrial.
(4) Commercial.
(5) Power generation.
(6) Energy conversion.
(7) Public water supply.
(8) Waste assimilation.
(9) Navigation.
(10) Fish and wildlife.
(11) Recreational.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-3
"Ground water" defined
Sec. 3. As used in this chapter, "ground water" means all wateroccurring beneath the surface of the ground regardless of locationand form.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-4
"Instream use" defined
Sec. 4. As used in this chapter, "instream use" means any use ofwater that uses surface water in place. The term includes thefollowing uses:
(1) Commercial and recreational navigation.
(2) Hydroelectric power generation.
(3) Waste assimilation.
(4) Fish and wildlife habitat.
(5) General recreation.
(6) The maintenance of environmental and aesthetic values.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-5
"Person" defined
Sec. 5. As used in this chapter, "person" means an individual, anincorporated or unincorporated organization or association, a trusteeor legal representative, the state, a political subdivision of the state,the United States of America, an agency of the state, a politicalsubdivision of the state or of the United States of America, or agroup of such persons acting in concert.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-6
"Reasonable beneficial use" defined
Sec. 6. For purposes of this chapter, "reasonable beneficial use"means the use of water for a beneficial use in the quantity andmanner that is:
(1) necessary for economic and efficient utilization; and
(2) both reasonable and consistent with the public interest.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-7
"Stream" defined
Sec. 7. As used in this chapter, "stream" means a natural or analtered river, creek, slough, watercourse, or artificial channel thathas:
(1) definable banks and bed capable of conducting definedrunoff;
(2) visible evidence of the flow or occurrence of water; and
(3) a watershed greater than one (1) square mile in area.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-8
"Water resource" defined
Sec. 8. (a) As used in this chapter, "water resource" means allwater:
(1) on or beneath the surface of the ground; or
(2) in the atmosphere.
(b) The term includes the following:
(1) Streams.
(2) Impoundments.
(3) Diffused surface water.
(4) Water percolating, standing, or flowing beneath the surfaceof the ground.
(5) All boundary and coastal water within the jurisdiction of thestate.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-9
"Withdrawal use" defined
Sec. 9. As used in this chapter, "withdrawal use" means any useof water that involves the physical removal of the water from a
ground or surface source, including water from storage in animpoundment.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-10
Administration of chapter
Sec. 10. (a) The commission shall administer this chapter.
(b) The deputy director for water and resource regulation shallserve as technical secretary to the commission. The deputy directorshall perform the duties that are required by this chapter or that thecommission directs.
(c) The advisory council established by IC 14-9-6-1 shall serve inan advisory capacity to the commission with respect to theimplementation of the commission's powers and duties, including thedrafting of rules and development of inventories, assessments, andplans.
(d) For the time that the advisory council is involved in thedrafting of rules, the membership of the council shall be augmentedas follows:
(1) Two (2) members of the senate, not more than one (1) ofwhom may be of the same political party, shall be appointed fora term of two (2) years by the president pro tempore of thesenate.
(2) Two (2) members of the house of representatives, not morethan one (1) of whom may be of the same political party, shallbe appointed for a term of two (2) years by the speaker of thehouse of representatives.
These members are entitled to travel expenses and a per diemallowance as determined by the budget agency for members ofboards and commissions generally.
(e) The department shall provide professional, technical, andclerical personnel, equipment, supplies, and support servicesreasonably required to assist the commission in the exercise of thecommission's powers and duties under this chapter. The departmentshall include money for this purpose in the regular operating budgetrequests of the department.
As added by P.L.1-1995, SEC.18. Amended by P.L.95-2006, SEC.9.
IC 14-25-7-11
Duties of commission
Sec. 11. The commission shall do the following:
(1) Conduct a continuing assessment of the availability of thewater resource.
(2) Take and maintain an inventory of significant uses of waterwithdrawn from the surface or ground.
(3) Plan for the development, conservation, and use of the waterresource for beneficial uses.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-12 Powers of commission
Sec. 12. The commission may do the following:
(1) Collect and disseminate information relating to the waterresource.
(2) Consult with and advise all users of the water resource as toavailability of the water resource and the most practical methodof water withdrawal, development, conservation, and use.
(3) Make the necessary investigations and inspections forproper administration of this chapter.
(4) Enter at reasonable times with proper notice upon anyproperty other than a dwelling place for the purpose ofinspecting and investigating significant water withdrawalfacilities or enforcing this chapter.
(5) Establish, by rule, the criteria for the determination ofminimum stream flows and minimum ground water levels.
(6) When necessary for the proper administration andenforcement of this chapter, require the metering or otherreasonable measurement of water withdrawals from significantwater withdrawal facilities and the reporting of the metering ormeasurement to the commission.
(7) Cooperate with other state and local agencies, other statesand their state agencies, and agencies of the United States inwater resource development, conservation, and use.
(8) Accept and administer money from any source to aid incarrying out this chapter.
(9) Exercise the additional authority necessary to carry out thischapter.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-13
Inventory of water resources; plans and recommendations
Sec. 13. (a) As used in this section, "surplus water" means thatwater found to exceed:
(1) existing uses; and
(2) reasonably foreseeable needs;
in the watershed of origin.
(b) The commission shall make and maintain an inventory of thewater resource of Indiana. The inventory must include an assessmentof the following:
(1) The capabilities of streams to support instream andwithdrawal uses and of aquifers to support withdrawal uses.
(2) Low stream flow characteristics.
(3) Existing uses and projections of beneficial use requirements.
(4) The potential in watersheds for managing flood water forbeneficial uses.
(5) Potential sources and amounts of surplus water available fortransfers.
(6) Other assessment and information considered necessary toproperly define water resource availability.
(c) The commission shall maintain, on a continuing basis and with
opportunity for participation and consultation with all interestedpersons, plans and recommendations for the development,conservation, and use of the water resource to best serve the needs ofthe people of Indiana for beneficial uses.
(d) The commission shall prepare a compilation and mapping ofall community public water supplies in Indiana that serve at least fivehundred (500) customers. The commission shall update thecompilation and mapping at least one (1) time every five (5) years.The commission may use funds from the water resourcesdevelopment fund established by IC 14-25-2-4 to preparecompilations and mappings under this subsection. The compilationsand mappings prepared under this subsection must include thefollowing information:
(1) The location of water sources for community public watersupplies.
(2) The location of treatment facilities used to treat raw waterbefore the water is distributed to community public watersupply customers.
(3) The extent of water mains in territories served bycommunity public water supplies.
(4) The population served by community public water supplies.
(5) The total amount of water produced by community publicwater supplies for the most recent calendar year.
As added by P.L.1-1995, SEC.18. Amended by P.L.184-1995, SEC.2.
IC 14-25-7-14
Minimum flows of streams; minimum levels of ground water
Sec. 14. (a) Subject to subsection (c), the commission maydetermine and establish the minimum flows of streams, taking intoaccount the varying low flow characteristics of the streams ofIndiana and the importance of instream and withdrawal uses,including established water quality standards and public water supplyneeds.
(b) The established minimum flows of streams:
(1) are those naturally occurring, as determined by thecommission; and
(2) may be calculated to reflect seasonal and regionalvariations.
(c) For boundary water, the commission may develop mutuallyagreeable minimum flows of streams in cooperation with theboundary state.
(d) The commission may determine and establish the minimumlevel of ground water in aquifers below which further withdrawalswould be significantly harmful to the water resource of the area.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-15
Significant water withdrawal facilities; registration; report to thecommissioner; waiver
Sec. 15. (a) As used in this section, "significant water withdrawal
facility" means the water withdrawal facilities of a person that, in theaggregate from all sources and by all methods, has the capability ofwithdrawing more than one hundred thousand (100,000) gallons ofground water, surface water, or ground and surface water combinedin one (1) day. Subject to subsection (b), the term does not include:
(1) water withdrawal facilities that function as part of theoperation or construction of a landfill; or
(2) water withdrawal facilities located in or on an off-streamimpoundment that is principally supplied by a significant waterwithdrawal facility.
(b) A water withdrawal facility referred to in subsection (a)(1) or(a)(2) located in the basin (as defined in section 1.2 ofIC 14-25-15-1) is subject to the registration requirement of section4.1.3 of IC 14-25-15-1.
(c) Every person who has a significant water withdrawal facilityshall register the facility with the commission on forms provided bythe commission that contain the following:
(1) The name and legal address of the registrant.
(2) The source of water supply.
(3) The total capability of the water withdrawal facility.
(4) The total withdrawal capability per day and the amount fromeach source.
(5) The use to be made of the water, the place of use, and theplace of discharge.
(6) The geographic location of the supply source.
(7) The date of registration.
(8) Other information specified by rule.
(d) A significant water withdrawal facility must be registeredwithin three (3) months after the facility is completed.
(e) The owner of a registered significant water withdrawal facilityshall, within three (3) months after the end of each year, make averified report to the commission on forms to be provided by thecommission of the amounts of water withdrawn during the year.
(f) Under rules adopted by the commission, the department maywaive the requirement of the information set forth in subsections (c)and (e) with respect to a temporary significant water withdrawalfacility.
As added by P.L.1-1995, SEC.18. Amended by P.L.123-1996,SEC.17; P.L.4-2008, SEC.4.
IC 14-25-7-16
Duties of natural resources study committee
Sec. 16. The natural resources study committee created byIC 2-5-5-1 shall do the following:
(1) Oversee the water resource management program of thischapter and the needs of the people of Indiana.
(2) Report the findings and recommendations in an electronicformat under IC 5-14-6 to the general assembly through thelegislative council.
As added by P.L.1-1995, SEC.18. Amended by P.L.28-2004,
SEC.131.
IC 14-25-7-17
Violations
Sec. 17. A person who violates section 15 of this chapter commitsa Class B infraction. A separate infraction is committed each day aviolation occurs.
As added by P.L.1-1995, SEC.18.