Sec. 7. (a) If an onsite investigation under section 6 of this chapter discloses that:

(1) the operation of at least one (1) significant water withdrawal facility has caused the freshwater lake to be lowered significantly below a level described in section 6(1) of this chapter; and

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Terms Used In Indiana Code 14-25-5-7

  • 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) the lowering of the lake level is likely to result in significant environmental harm to the freshwater lake or to adjacent property;

the director shall, by temporary order, declare a freshwater lake emergency.

     (b) A temporary order may:

(1) restrict the quantity of water that is extracted by the causative significant water withdrawal facility; and

(2) provide for the restoration of the normal water level of the freshwater lake;

as needed to prevent significant environmental harm to the freshwater lake or adjacent property.

     (c) A restoration order under subsection (b)(2) may allow the significant water withdrawal facility to discharge water of an acceptable quality into the affected freshwater lake.

[Pre-1995 Recodification Citation: 13-2-2.6-10.]

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