Sec. 14. (a) A declaration of a ground water emergency under this chapter is effective when a copy of a declaration is served under IC 4-21.5-3-1 upon a person who owns the significant ground water withdrawal facility that is reasonably believed to have caused the failure of the complainant's water well.
(b) As soon as possible after a declaration of a ground water emergency has been made, copies of the declaration shall be given to the newspapers of general circulation located in the affected county. The notification to newspapers required by this subsection is in addition to the minimum procedural duties required of the department under IC 4-21.5 and does not satisfy service of process by publication under IC 4-21.5-3-1(f).
(c) If the emergency requires action before service can be completed under subsection (a), oral notification in person by a representative of the department and authorized by the director is sufficient until service can be completed. Oral notification is effective for not more than ninety-six (96) hours.
[Pre-1995 Recodification Citation: 13-2-2.5-6.]
As added by P.L.1-1995, SEC.18. Amended by P.L.32-2011, SEC.8.
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