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:
(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.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 25. Water Rights and Resources
Chapter 4. Emergency Regulation of Ground Water Rights
14-25-4-3. "Nonsignificant Ground Water Withdrawal Facility"
14-25-4-6. "Significant Ground Water Withdrawal Facility"
14-25-4-9. Ground Water Emergency; Based on Investigation
14-25-4-10. Ground Water Emergency; Based on Other Evidence
14-25-4-12. Restrictions on Withdrawal of Ground Water
14-25-4-14. Ground Water Emergency; When Effective; Notice
14-25-4-15. Effect on Civil Right of Action
14-25-4-16. Violations; Injunctions
14-25-4-18. Measure of Compensation
14-25-4-19. Refusal of Compensation
14-25-4-20. Ground Water Emergency; Temporary Provision of Potable Water
14-25-4-21. Nonsignificant Ground Water Withdrawal Facilities to Comply With Rules