Sec. 5. (a) Whenever the department designates a restricted use area, the department shall approve an order to that effect and adopt a rule under IC 4-22-2.
(b) In addition to the publication of notice provided for in IC 4-22-2, the department shall, for the purposes of this chapter only, do the following:
(1) Give notice by publication one (1) time each week for three (3) consecutive weeks in all of the newspapers of general circulation in the area to be designated as a restricted use area.
(2) Give ten (10) days written notice to all public utilities privately or publicly owned engaged in furnishing water to residents of the restricted use area.
(3) Give ten (10) days written notice to:
(A) the executive of each city and town;
(B) the president of each county executive in a county that does not have a consolidated city; and
(C) the county executive in a county that has a consolidated city;
in the restricted use area.
(4) Have the notice posted at least ten (10) days before the hearing as follows:
(A) At the door of the courthouse.
(B) At the city or town hall if there is a city or town hall in the restricted use area.
(C) In at least three (3) other public places.
(c) Proof of the notice shall be made at the hearing by the affidavits of the publishers of the newspapers and of the persons who posted and sent the other notices required by this section.
[Pre-1995 Recodification Citation: 13-2-2-4.]
As added by P.L.1-1995, SEC.18.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 25. Water Rights and Resources
Chapter 3. Water Rights; Ground Water
14-25-3-2. "Waste" and "Wasted" Defined
14-25-3-3. Public Policy Regarding Conservation of Ground Water
14-25-3-4. Restricted Use Areas; Designation
14-25-3-5. Restricted Use Areas; Orders, Rules, and Notice of Hearing
14-25-3-6. Withdrawal Permits; Requirement
14-25-3-7. Withdrawal Permits; Application
14-25-3-8. Withdrawal Permits; Factors to Consider
14-25-3-9. Withdrawal Permits; Conditions
14-25-3-10. Withdrawal Permits; Judicial Review
14-25-3-11. Statements of Average Daily Use of Ground Water
14-25-3-12. Records Regarding Drilling of New Wells
14-25-3-13. Withdrawal Permits; Title or Lease to Property Required
14-25-3-16. Determination of Quantity of Ground Water Removed