Indiana Code 14-25-4-9. Ground water emergency; based on investigation
(1) that the well has:
Terms Used In Indiana Code 14-25-4-9
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- owner: includes the following:
Indiana Code 14-25-4-4
- 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
(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.
[Pre-1995 Recodification Citation: 13-2-2.5-3(b).]
As added by P.L.1-1995, SEC.18.