Sec. 10. (a) Except as provided under subsection (b), the operator of a significant water withdrawal facility may obtain relief from a temporary order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal) by filing with the director a financial responsibility bond in an amount not:

(1) less than one thousand dollars ($1,000); or

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Terms Used In Indiana Code 14-25-5-10

  • financial responsibility bond: means a surety bond, a certificate of deposit, a cashier's check, or a letter of credit. See Indiana Code 14-25-5-2
  • freshwater lake: means a body of standing surface water that:

    Indiana Code 14-25-5-3

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • significant water withdrawal facility: means a water pumping installation or other equipment 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 water in one (1) day. See Indiana Code 14-25-5-5
(2) more than ten thousand dollars ($10,000);

for each acre contained in the freshwater lake. The aggregate amount of financial responsibility bond that may be assessed on the operator of a significant water withdrawal facility may not exceed fifty thousand dollars ($50,000).

     (b) The director may not allow a significant water withdrawal facility to file a financial responsibility bond under subsection (a) if the department determines that a freshwater lake or an adjacent property contains an extraordinary or a unique natural resource that is likely to be irreparably damaged as a result of the lowering of the freshwater lake. The burden of proof to establish the presence of an extraordinary or a unique natural resource rests with the department.

[Pre-1995 Recodification Citation: 13-2-2.6-13(a), (b).]

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

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