CHAPTER 32. WATER WELLS
IC 8-1-32
Chapter 32. Water Wells
IC 8-1-32-1
Applicability of chapter
Sec. 1. This chapter applies only to a subject area located entirelyor partially within:
(1) a city; or
(2) a county having a consolidated city.
As added by P.L.94-2000, SEC.2.
IC 8-1-32-2
Applicability of definitions
Sec. 2. The definitions in IC 8-1-2-1 apply throughout thischapter.
As added by P.L.94-2000, SEC.2.
IC 8-1-32-3
"Health agency" defined
Sec. 3. As used in this chapter, "health agency" refers to either ofthe following:
(1) The state department of health.
(2) A local health department (as defined in IC 16-18-2-211).
As added by P.L.94-2000, SEC.2.
IC 8-1-32-4
"Project" defined
Sec. 4. As used in this chapter, "project" refers to the extension ofwater utility service to a subject area.
As added by P.L.94-2000, SEC.2.
IC 8-1-32-5
"Subject area" defined
Sec. 5. As used in this chapter, "subject area" refers to an areadescribed in section 6 of this chapter.
As added by P.L.94-2000, SEC.2.
IC 8-1-32-6
Contaminants in private water wells; estimate of cost of extendingwater utility service
Sec. 6. (a) Notwithstanding IC 8-1-2-103(a), if a health agencydetermines that an area located within a city or within a countyhaving a consolidated city:
(1) is served by private water wells;
(2) suffers from a health hazard due to the presence of at leastone (1) contaminant; and
(3) incorporates at least a portion of at least one (1) census trackor block having a median household income of less than twohundred percent (200%) of the most recently determined federalincome poverty level;the health agency may direct the nearest public utility that isauthorized to provide water utility service within the municipality toprepare and provide to the commission an estimate of the cost ofextending water utility service to the subject area and request thecommission to approve the project.
(b) The costs estimated under subsection (a) may include thefollowing:
(1) Installing the mains and connecting service lines onproperties within the subject area.
(2) Abandoning and plugging existing wells in accordance withIC 25-39-2-14 and rules adopted under IC 25-39 on propertieswithin the subject area.
(3) Restoration of areas disturbed by the project.
(4) Other reasonable costs of extending water utility service tothe subject area.
As added by P.L.94-2000, SEC.2.
IC 8-1-32-7
Public utility ordered to extend water utility service; rateadjustment
Sec. 7. If the commission approves the project, the commissionshall, at the request of the health agency, direct the local publicutility to undertake and complete the project. The commission shallenter such an order only if both of the following apply:
(1) The commission's order authorizes an increase in the localpublic utility's water rates in an amount sufficient to cover thelocal public utility's depreciation expense related to itsinvestment in the project and provide the local public utility anafter-tax return on the undepreciated portion of the project at arate not less than the rate of return allowed the local publicutility on its rate base in its most recent general rate order as:
(A) set out in the order; or
(B) stipulated by the local public utility and the office of theutility consumer counselor.
(2) The rate adjustment associated with the project will notincrease the local public utility's rates by more than one percent(1%).
As added by P.L.94-2000, SEC.2.
IC 8-1-32-8
Rate adjustment in amended rate schedule
Sec. 8. A rate adjustment authorized under section 7 of thischapter must be reflected in an amended rate schedule filed with thecommission not later than thirty (30) days after the commissionenters the order, effective upon completion of the project.
As added by P.L.94-2000, SEC.2.
IC 8-1-32-9
Rate adjustment not general increase in basic rates and charges;subject to further adjustment Sec. 9. A rate adjustment authorized under section 7 of thischapter:
(1) is not considered as a general increase in the local publicutility's basic rates and charges for purposes of IC 8-1-2-42(a);and
(2) may be further adjusted by the commission to reflect actualproject costs upon petition by the local public utility or theoffice of the utility consumer counselor.
As added by P.L.94-2000, SEC.2.
IC 8-1-32-10
Property owners required to abandon and plug wells
Sec. 10. If the commission orders a project under this chapter, thehealth agency shall require owners of properties in the subject areato connect those properties to a project main and to abandon and plugtheir existing wells in accordance with IC 25-39-2-14 and rulesadopted under IC 25-39.
As added by P.L.94-2000, SEC.2.
IC 8-1-32-11
Maintenance responsibilities
Sec. 11. (a) Upon completion of a project, the local public utilityshall be responsible for operating and maintaining:
(1) the mains installed; and
(2) any portion of the connecting service lines that are locatedin a public right-of-way.
(b) Upon completion of a project, each property owner shall beresponsible for maintaining, repairing, and replacing, if necessary,the portion of the service line on the property served that is notrequired to be serviced by the local public utility under subsection(a).
As added by P.L.94-2000, SEC.2.
IC 8-1-32-12
Commission's jurisdiction not reduced or superseded
Sec. 12. This chapter does not reduce or supersede thecommission's jurisdiction under IC 8-1-2-86 and IC 8-1-2-86.5.
As added by P.L.94-2000, SEC.2.