Sec. 12. (a) This section governs any status determination of a baseline under section 4.12.2 of the compact for each of the following from the Indiana portion of the basin:
(1) The total withdrawal capability registered under IC 14-25-7-15(c)(3) is deemed the existing withdrawal approval amount for section 4.12.2.a.i of the compact.
(2) A consumptive use attributable to a facility described in IC 14-25-7-15(a)(1).
(3) A facility that diverts water outside the basin.
(b) The department shall make each determination required under subsection (a) following an investigation. Before completing the investigation, the department shall:
(1) inform the owner of the facility of the amount of any proposed baseline; and
(2) provide the owner with a period of at least thirty (30) days to offer documentation the owner believes would properly modify the proposed baseline amount.
(c) The department shall provide notice under IC 4-21.5-3-5 of a status determination under this section to the owner of the facility for which the determination is made.
(d) The owner of a facility for which a status determination is made under this section is the only person with standing to seek administrative review of the determination.
As added by P.L.4-2008, SEC.5.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 25. Water Rights and Resources
Chapter 15. Great Lakes—st. Lawrence River Basin Water Resources Compact
14-25-15-1. Agreement for the Compact
14-25-15-2. Governor's Responsibilities and Powers
14-25-15-3. Authority of State Agencies to Cooperate With the Council
14-25-15-4. Authorization of General Assembly for Revision of Standard of Review and Decision
14-25-15-5. Responsibilities and Powers of the Natural Resources Commission
14-25-15-6. Management and Regulation of Proposals for Certain Water Transfers
14-25-15-7. Permits for Water Withdrawals; Salmonid Streams; Rules
14-25-15-8. Exemption From Permit Requirement for Certain Water Withdrawals
14-25-15-9. Study and Findings by the General Assembly
14-25-15-10. Standard for Determination of Adverse Impacts of Water Withdrawals
14-25-15-11. Methods for Determining Consumptive Use Amounts
14-25-15-13. Effects of Incorporation of Water Into a Product