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 process
of building a building, highway, utility, or another structure. The
term 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 a
temporary water well that:
(1) is used as part of a construction project to remove water
from a surface or subsurface area; and
(2) ceases to be used upon completion of the construction
project 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 water
withdrawal facility" means the ground water withdrawal facility of
a person that, in the aggregate, has a withdrawal capability of less
than 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 person
who authorized the construction that necessitated the installation of
the 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 that
at the point of use is acceptable for human consumption under
drinking water quality standards adopted by the water pollution
control 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 water
withdrawal facility" means the ground water withdrawal facility of
a 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 an
excavation, however constructed, that is used for the purpose of
withdrawing ground water for reasonable beneficial uses.
(b) The term does not include agricultural and urban drainage
systems. 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 written
complaint from the owner of a nonsignificant ground water
withdrawal facility that a water well on property in the owner's
possession 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 chapter
discloses:
(1) that the well has:
(A) failed to furnish the well's normal supply of water; or
(B) based upon reasonable evidence of prior potability
supplied by the owner, failed to furnish potable water;
(2) that there has been a substantial lowering of the level of
ground water in the area that has resulted in the failure of the
well to:
(A) furnish the well's normal supply of water; or
(B) furnish potable water if the failure is caused by natural
variations in the potability of water in the source aquifer;
(3) that the well and the well's equipment were functioning
properly at the time of the failure;
(4) that the failure of the well was caused by the lowering of the
ground 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 water
resource in the area; and
(6) that the lowering of the ground water level was caused by at
least one (1) significant ground water withdrawal facility;
the director shall, by temporary order, declare a ground water
emergency. 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 that
continued ground water withdrawals from a significant ground water
withdrawal facility will exceed the recharge capability of the ground
water 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 chapter
must include a notice of hearing to be held under IC 4-21.5-4 as soon
as practicable after the declaration of the ground water emergency.
Following the hearing, the director may continue, amend, or
terminate the ground water emergency. The emergency shall be
terminated 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 may
restrict the quantity of ground water that may be extracted from a
significant ground water withdrawal facility when the director
declares a ground water emergency under section 9 or 10 of this
chapter if:
(1) the:
(A) facility is reasonably believed to have caused the failure
of the complainant's water well; and
(B) immediate temporary provision of an adequate supply of
potable water required under sections 18(1) and 20(a) of this
chapter is not carried out; or
(2) there is a reasonable belief that continued ground water
withdrawals from the facility will exceed the recharge
capability of the ground water resource of the area.
(b) If an operator of a significant ground water withdrawal facility
withdraws water by a means other than pumping, the director may
temporarily restrict the quantity of ground water that may be
extracted only if the provisions of subsection (a)(1) have not been
met.
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 to
administer this chapter. The rules must be consistent with IC 25-39
and 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 this
chapter is effective when a copy of a declaration is served under
IC 4-21.5-3-1 upon a person who owns the significant ground water
withdrawal facility that is reasonably believed to have caused the
failure of the complainant's water well.
(b) As soon as possible after a declaration of a ground water
emergency has been made, copies of the declaration shall be given
to the newspapers of general circulation located in the affected
county. The notification to newspapers required by this subsection
is in addition to the minimum procedural duties required of the
department under IC 4-21.5 and does not satisfy service of process
by publication under IC 4-21.5-3-1(d).
(c) If the emergency requires action before service can be
completed under subsection (a), oral notification in person by a
representative of the department and authorized by the director is
sufficient until service can be completed. Oral notification is
effective 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 Class
A 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 ground
water withdrawal facilities
Sec. 17. The owner of a significant ground water withdrawal
facility shall, subject to an order issued under section 20 of this
chapter or under IC 13-2-2.5-11 (before its repeal), provide timely
and reasonable compensation to persons who own nonsignificant
ground water withdrawal facilities if there is failure or substantial
impairment of those facilities as set forth in section 8 of this chapter
if both of the following conditions exist:
(1) The failure or substantial impairment was caused by the
ground water withdrawals of the significant ground water
withdrawal facility.
(2) Either:
(A) the affected nonsignificant ground water withdrawal
facility was in existence before January 1, 1986; or
(B) if constructed after December 31, 1985, the facility
conforms to the rules of the department issued under section
13 of this chapter. Water wells constructed after December
31, 1985, but before the adoption of rules under this chapter
must conform to the Recommended Guidelines of the
department in Information Bulletin No. 3 published at 9 IR
1242. 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 of
this chapter consists of and is limited to the following:
(1) The immediate temporary provision at the prior point of use
of an adequate supply of potable water.
(2) Reimbursement of expenses reasonably incurred by the
complainant to do the following:
(A) Obtain an immediate temporary provision at the prior
point of use of an adequate supply of potable water.
(B) Provide timely and reasonable compensation as provided
in subdivision (3)(A) and (3)(B).
(3) Either:
(A) the restoration of the affected nonsignificant ground
water withdrawal facility to the facility's former relative
capability;
(B) the permanent provision at the point of use of an
alternative potable supply of equal quantity; or
(C) the permanent restriction or scheduling of the ground
water withdrawals of the significant ground water
withdrawal facility so that the affected water well continues
to produce:
(i) the well's normal supply of water; or
(ii) the normal supply of potable water if the well normally
furnishes 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 nonsignificant
ground water withdrawal facility to accept timely and reasonable
compensation is sufficient grounds for the department to terminate
an order imposed on a responsible significant ground water
withdrawal facility. An owner may request a hearing under IC 4-21.5
if 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 emergency
under section 9 of this chapter, the director shall, by temporary order,
require the immediate temporary provision at the prior point of use
of an adequate supply of potable water. A temporary order under
section 9 or 10 of this chapter remains in effect for ninety (90) days
unless:
(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 a
proceeding under section 18(2) and 18(3) of this chapter.
(b) The commission shall implement section 18(2) and 18(3) of
this chapter by order. Before the commission enters an initial
determination of the order, the department shall conduct an
investigation and provide affected persons with an informal
opportunity to contribute to the investigation. All final orders of the
commission 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 with
rules
Sec. 21. (a) An owner of a new nonsignificant ground water
withdrawal facility who desires to receive the protection of this
chapter must construct the facility to conform to the rules adopted
under section 13 of this chapter.
(b) Before a licensed water well drilling contractor or plumbing
contractor drills and equips a ground water withdrawal facility for a
person, the contractor must advise the person of the provisions of this
chapter. As added by P.L.1-1995, SEC.18.
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 process
of building a building, highway, utility, or another structure. The
term 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 a
temporary water well that:
(1) is used as part of a construction project to remove water
from a surface or subsurface area; and
(2) ceases to be used upon completion of the construction
project 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 water
withdrawal facility" means the ground water withdrawal facility of
a person that, in the aggregate, has a withdrawal capability of less
than 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 person
who authorized the construction that necessitated the installation of
the 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 that
at the point of use is acceptable for human consumption under
drinking water quality standards adopted by the water pollution
control 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 water
withdrawal facility" means the ground water withdrawal facility of
a 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 an
excavation, however constructed, that is used for the purpose of
withdrawing ground water for reasonable beneficial uses.
(b) The term does not include agricultural and urban drainage
systems. 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 written
complaint from the owner of a nonsignificant ground water
withdrawal facility that a water well on property in the owner's
possession 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 chapter
discloses:
(1) that the well has:
(A) failed to furnish the well's normal supply of water; or
(B) based upon reasonable evidence of prior potability
supplied by the owner, failed to furnish potable water;
(2) that there has been a substantial lowering of the level of
ground water in the area that has resulted in the failure of the
well to:
(A) furnish the well's normal supply of water; or
(B) furnish potable water if the failure is caused by natural
variations in the potability of water in the source aquifer;
(3) that the well and the well's equipment were functioning
properly at the time of the failure;
(4) that the failure of the well was caused by the lowering of the
ground 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 water
resource in the area; and
(6) that the lowering of the ground water level was caused by at
least one (1) significant ground water withdrawal facility;
the director shall, by temporary order, declare a ground water
emergency. 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 that
continued ground water withdrawals from a significant ground water
withdrawal facility will exceed the recharge capability of the ground
water 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 chapter
must include a notice of hearing to be held under IC 4-21.5-4 as soon
as practicable after the declaration of the ground water emergency.
Following the hearing, the director may continue, amend, or
terminate the ground water emergency. The emergency shall be
terminated 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 may
restrict the quantity of ground water that may be extracted from a
significant ground water withdrawal facility when the director
declares a ground water emergency under section 9 or 10 of this
chapter if:
(1) the:
(A) facility is reasonably believed to have caused the failure
of the complainant's water well; and
(B) immediate temporary provision of an adequate supply of
potable water required under sections 18(1) and 20(a) of this
chapter is not carried out; or
(2) there is a reasonable belief that continued ground water
withdrawals from the facility will exceed the recharge
capability of the ground water resource of the area.
(b) If an operator of a significant ground water withdrawal facility
withdraws water by a means other than pumping, the director may
temporarily restrict the quantity of ground water that may be
extracted only if the provisions of subsection (a)(1) have not been
met.
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 to
administer this chapter. The rules must be consistent with IC 25-39
and 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 this
chapter is effective when a copy of a declaration is served under
IC 4-21.5-3-1 upon a person who owns the significant ground water
withdrawal facility that is reasonably believed to have caused the
failure of the complainant's water well.
(b) As soon as possible after a declaration of a ground water
emergency has been made, copies of the declaration shall be given
to the newspapers of general circulation located in the affected
county. The notification to newspapers required by this subsection
is in addition to the minimum procedural duties required of the
department under IC 4-21.5 and does not satisfy service of process
by publication under IC 4-21.5-3-1(d).
(c) If the emergency requires action before service can be
completed under subsection (a), oral notification in person by a
representative of the department and authorized by the director is
sufficient until service can be completed. Oral notification is
effective 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 Class
A 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 ground
water withdrawal facilities
Sec. 17. The owner of a significant ground water withdrawal
facility shall, subject to an order issued under section 20 of this
chapter or under IC 13-2-2.5-11 (before its repeal), provide timely
and reasonable compensation to persons who own nonsignificant
ground water withdrawal facilities if there is failure or substantial
impairment of those facilities as set forth in section 8 of this chapter
if both of the following conditions exist:
(1) The failure or substantial impairment was caused by the
ground water withdrawals of the significant ground water
withdrawal facility.
(2) Either:
(A) the affected nonsignificant ground water withdrawal
facility was in existence before January 1, 1986; or
(B) if constructed after December 31, 1985, the facility
conforms to the rules of the department issued under section
13 of this chapter. Water wells constructed after December
31, 1985, but before the adoption of rules under this chapter
must conform to the Recommended Guidelines of the
department in Information Bulletin No. 3 published at 9 IR
1242. 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 of
this chapter consists of and is limited to the following:
(1) The immediate temporary provision at the prior point of use
of an adequate supply of potable water.
(2) Reimbursement of expenses reasonably incurred by the
complainant to do the following:
(A) Obtain an immediate temporary provision at the prior
point of use of an adequate supply of potable water.
(B) Provide timely and reasonable compensation as provided
in subdivision (3)(A) and (3)(B).
(3) Either:
(A) the restoration of the affected nonsignificant ground
water withdrawal facility to the facility's former relative
capability;
(B) the permanent provision at the point of use of an
alternative potable supply of equal quantity; or
(C) the permanent restriction or scheduling of the ground
water withdrawals of the significant ground water
withdrawal facility so that the affected water well continues
to produce:
(i) the well's normal supply of water; or
(ii) the normal supply of potable water if the well normally
furnishes 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 nonsignificant
ground water withdrawal facility to accept timely and reasonable
compensation is sufficient grounds for the department to terminate
an order imposed on a responsible significant ground water
withdrawal facility. An owner may request a hearing under IC 4-21.5
if 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 emergency
under section 9 of this chapter, the director shall, by temporary order,
require the immediate temporary provision at the prior point of use
of an adequate supply of potable water. A temporary order under
section 9 or 10 of this chapter remains in effect for ninety (90) days
unless:
(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 a
proceeding under section 18(2) and 18(3) of this chapter.
(b) The commission shall implement section 18(2) and 18(3) of
this chapter by order. Before the commission enters an initial
determination of the order, the department shall conduct an
investigation and provide affected persons with an informal
opportunity to contribute to the investigation. All final orders of the
commission 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 with
rules
Sec. 21. (a) An owner of a new nonsignificant ground water
withdrawal facility who desires to receive the protection of this
chapter must construct the facility to conform to the rules adopted
under section 13 of this chapter.
(b) Before a licensed water well drilling contractor or plumbing
contractor drills and equips a ground water withdrawal facility for a
person, the contractor must advise the person of the provisions of this
chapter. As added by P.L.1-1995, SEC.18.
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 process
of building a building, highway, utility, or another structure. The
term 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 a
temporary water well that:
(1) is used as part of a construction project to remove water
from a surface or subsurface area; and
(2) ceases to be used upon completion of the construction
project 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 water
withdrawal facility" means the ground water withdrawal facility of
a person that, in the aggregate, has a withdrawal capability of less
than 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 person
who authorized the construction that necessitated the installation of
the 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 that
at the point of use is acceptable for human consumption under
drinking water quality standards adopted by the water pollution
control 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 water
withdrawal facility" means the ground water withdrawal facility of
a 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 an
excavation, however constructed, that is used for the purpose of
withdrawing ground water for reasonable beneficial uses.
(b) The term does not include agricultural and urban drainage
systems. 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 written
complaint from the owner of a nonsignificant ground water
withdrawal facility that a water well on property in the owner's
possession 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 chapter
discloses:
(1) that the well has:
(A) failed to furnish the well's normal supply of water; or
(B) based upon reasonable evidence of prior potability
supplied by the owner, failed to furnish potable water;
(2) that there has been a substantial lowering of the level of
ground water in the area that has resulted in the failure of the
well to:
(A) furnish the well's normal supply of water; or
(B) furnish potable water if the failure is caused by natural
variations in the potability of water in the source aquifer;
(3) that the well and the well's equipment were functioning
properly at the time of the failure;
(4) that the failure of the well was caused by the lowering of the
ground 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 water
resource in the area; and
(6) that the lowering of the ground water level was caused by at
least one (1) significant ground water withdrawal facility;
the director shall, by temporary order, declare a ground water
emergency. 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 that
continued ground water withdrawals from a significant ground water
withdrawal facility will exceed the recharge capability of the ground
water 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 chapter
must include a notice of hearing to be held under IC 4-21.5-4 as soon
as practicable after the declaration of the ground water emergency.
Following the hearing, the director may continue, amend, or
terminate the ground water emergency. The emergency shall be
terminated 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 may
restrict the quantity of ground water that may be extracted from a
significant ground water withdrawal facility when the director
declares a ground water emergency under section 9 or 10 of this
chapter if:
(1) the:
(A) facility is reasonably believed to have caused the failure
of the complainant's water well; and
(B) immediate temporary provision of an adequate supply of
potable water required under sections 18(1) and 20(a) of this
chapter is not carried out; or
(2) there is a reasonable belief that continued ground water
withdrawals from the facility will exceed the recharge
capability of the ground water resource of the area.
(b) If an operator of a significant ground water withdrawal facility
withdraws water by a means other than pumping, the director may
temporarily restrict the quantity of ground water that may be
extracted only if the provisions of subsection (a)(1) have not been
met.
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 to
administer this chapter. The rules must be consistent with IC 25-39
and 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 this
chapter is effective when a copy of a declaration is served under
IC 4-21.5-3-1 upon a person who owns the significant ground water
withdrawal facility that is reasonably believed to have caused the
failure of the complainant's water well.
(b) As soon as possible after a declaration of a ground water
emergency has been made, copies of the declaration shall be given
to the newspapers of general circulation located in the affected
county. The notification to newspapers required by this subsection
is in addition to the minimum procedural duties required of the
department under IC 4-21.5 and does not satisfy service of process
by publication under IC 4-21.5-3-1(d).
(c) If the emergency requires action before service can be
completed under subsection (a), oral notification in person by a
representative of the department and authorized by the director is
sufficient until service can be completed. Oral notification is
effective 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 Class
A 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 ground
water withdrawal facilities
Sec. 17. The owner of a significant ground water withdrawal
facility shall, subject to an order issued under section 20 of this
chapter or under IC 13-2-2.5-11 (before its repeal), provide timely
and reasonable compensation to persons who own nonsignificant
ground water withdrawal facilities if there is failure or substantial
impairment of those facilities as set forth in section 8 of this chapter
if both of the following conditions exist:
(1) The failure or substantial impairment was caused by the
ground water withdrawals of the significant ground water
withdrawal facility.
(2) Either:
(A) the affected nonsignificant ground water withdrawal
facility was in existence before January 1, 1986; or
(B) if constructed after December 31, 1985, the facility
conforms to the rules of the department issued under section
13 of this chapter. Water wells constructed after December
31, 1985, but before the adoption of rules under this chapter
must conform to the Recommended Guidelines of the
department in Information Bulletin No. 3 published at 9 IR
1242. 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 of
this chapter consists of and is limited to the following:
(1) The immediate temporary provision at the prior point of use
of an adequate supply of potable water.
(2) Reimbursement of expenses reasonably incurred by the
complainant to do the following:
(A) Obtain an immediate temporary provision at the prior
point of use of an adequate supply of potable water.
(B) Provide timely and reasonable compensation as provided
in subdivision (3)(A) and (3)(B).
(3) Either:
(A) the restoration of the affected nonsignificant ground
water withdrawal facility to the facility's former relative
capability;
(B) the permanent provision at the point of use of an
alternative potable supply of equal quantity; or
(C) the permanent restriction or scheduling of the ground
water withdrawals of the significant ground water
withdrawal facility so that the affected water well continues
to produce:
(i) the well's normal supply of water; or
(ii) the normal supply of potable water if the well normally
furnishes 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 nonsignificant
ground water withdrawal facility to accept timely and reasonable
compensation is sufficient grounds for the department to terminate
an order imposed on a responsible significant ground water
withdrawal facility. An owner may request a hearing under IC 4-21.5
if 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 emergency
under section 9 of this chapter, the director shall, by temporary order,
require the immediate temporary provision at the prior point of use
of an adequate supply of potable water. A temporary order under
section 9 or 10 of this chapter remains in effect for ninety (90) days
unless:
(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 a
proceeding under section 18(2) and 18(3) of this chapter.
(b) The commission shall implement section 18(2) and 18(3) of
this chapter by order. Before the commission enters an initial
determination of the order, the department shall conduct an
investigation and provide affected persons with an informal
opportunity to contribute to the investigation. All final orders of the
commission 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 with
rules
Sec. 21. (a) An owner of a new nonsignificant ground water
withdrawal facility who desires to receive the protection of this
chapter must construct the facility to conform to the rules adopted
under section 13 of this chapter.
(b) Before a licensed water well drilling contractor or plumbing
contractor drills and equips a ground water withdrawal facility for a
person, the contractor must advise the person of the provisions of this
chapter. As added by P.L.1-1995, SEC.18.
