Sec. 1. As used in this chapter, “person” means an individual, a firm, a limited liability company, a corporation, an association, or a governmental agency. However, for purposes of sections 6 through 10 of this chapter, the term does not include a public utility privately or publicly owned engaged in supplying or furnishing public utility […]
Sec. 10. A refusal to grant a permit is subject to court review under IC 4-21.5-5. [Pre-1995 Recodification Citation: 13-2-2-5(f).] As added by P.L.1-1995, SEC.18.
Sec. 11. (a) All users of ground water in amounts exceeding one hundred thousand (100,000) gallons per day in an area designated by the department as a restricted use area shall file with the department a certified statement of the average daily amount of ground water used before the designation of the area as a […]
Sec. 12. In a restricted use area, each well owner or the representatives of the well owner shall file with the department, on forms furnished by the department, a complete record of each new well drilled within the area. The record: (1) shall be filed within thirty (30) days after the well has been completed […]
Sec. 13. A permit may not be issued to an applicant requesting permission to withdraw and use more than one hundred thousand (100,000) gallons per day of ground water from a designated restricted use area who does not: (1) have title; or (2) hold a lease; to the property from which the water is to […]
Sec. 14. The department may require a user of ground water in amounts exceeding one hundred thousand (100,000) gallons per day in designated restricted use areas to install a meter if any of the following conditions exist: (1) The user is unable to furnish accurate information concerning the amounts of ground water being withdrawn and […]
Sec. 15. (a) In a restricted use area, the department may require a person found to be committing waste of ground water to return all or a part of the water to the ground if the following conditions are met: (1) The water being wasted can safely and practicably be returned to the ground. (2) […]
Sec. 16. (a) As used in this section, “rated capacity of a pump” means the number of gallons of water a pump is capable of discharging in a given time as determined by the manufacturer or by certified pump tests. (b) In determining the quantity of water being removed from or returned to the ground, […]
Sec. 17. The department may adopt the rules that are necessary to do the following: (1) Determine within reasonable limits quantities of water being removed from the ground. (2) Administer any of the other provisions of this chapter. [Pre-1995 Recodification Citation: 13-2-2-12.] As added by P.L.1-1995, SEC.18.
Sec. 18. A person who violates: (1) section 6, 11, or 12 of this chapter; or (2) a rule or order concerning a restricted use area; commits a Class C infraction. Each day of violation constitutes a separate infraction. [Pre-1995 Recodification Citation: 13-2-2-13.] As added by P.L.1-1995, SEC.18. Amended by P.L.195-2014, SEC.23.
Sec. 2. As used in this chapter, “waste” or “wasted” means any of the following: (1) Permitting ground water to flow or taking or using ground water in any manner so that the ground water is not put to the full beneficial use. (2) Transporting ground water from the water’s source to the place of […]
Sec. 3. It is a public policy of the state in the interest of the economy, health, and welfare of Indiana and the citizens of Indiana to conserve and protect the ground water resources of Indiana and for that purpose to provide reasonable regulations for the most beneficial use and disposition of ground water resources. […]
Sec. 4. (a) The department may by rule or order, when the department has reason to believe it is necessary and in the public interest, designate certain areas of Indiana where the withdrawal of ground waters exceeds or threatens to exceed natural replenishment as restricted use areas. Before the department designates an area as a […]
Sec. 5. (a) Whenever the department designates a restricted use area, the department shall approve an order to that effect and adopt a rule under IC 4-22-2. (b) In addition to the publication of notice provided for in IC 4-22-2, the department shall, for the purposes of this chapter only, do the following: (1) Give […]
Sec. 6. In a restricted use area, a person may not withdraw or use for any purpose ground water in quantities in excess of one hundred thousand (100,000) gallons per day in addition to the quantity the person is using at the time the order designating the area as a restricted use area becomes effective, […]
Sec. 7. A person that: (1) desires to withdraw or use a quantity greater than one hundred thousand (100,000) gallons per day in addition to the quantity being used at the time of the effective date of an order declaring an area as a restricted use area; or (2) desires to withdraw or use a […]
Sec. 8. In granting or refusing a permit, the department shall consider the following: (1) The effect the withdrawal of additional ground water from the restricted use area will have on future supplies in the area. (2) What use is to be made of the water. (3) How the withdrawal will affect present users of […]
Sec. 9. In granting a permit, the department may do the following: (1) Impose the conditions or stipulations that are necessary to conserve the ground water of the area and prevent waste, exhaustion, or impairment of the ground water. (2) Require that ground water in a restricted area that is withdrawn and used be returned […]
