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:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 14-25-4-12

  • 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
(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.

[Pre-1995 Recodification Citation: 13-2-2.5-3.5(b), (c).]

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