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.

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Terms Used In Indiana Code 14-25-4-18

  • 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. See Indiana Code 14-25-4-3
  • potable water: means water that at the point of use is acceptable for human consumption under drinking water quality standards adopted by the environmental rules board under IC 13-18-4-1. See Indiana Code 14-25-4-5
  • 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. See Indiana Code 14-25-4-6
  • water well: means an excavation, however constructed, that is used for the purpose of withdrawing ground water for reasonable beneficial uses. See Indiana Code 14-25-4-7
(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.

[Pre-1995 Recodification Citation: 13-2-2.5-10(b).]

As added by P.L.1-1995, SEC.18.