Sec. 9. If an onsite investigation under section 6 of this chapter discloses that the complaining lake owner has, through improper management or poor maintenance of the lake, caused or contributed to the lowering of the freshwater lake to a level significantly below a level described in section 6(1) of this chapter, the director may:
(1) not issue a temporary order under section 7 of this chapter; or
(2) issue a temporary order under section 7 of this chapter that requires the significant water withdrawal facility to restrict the facility's extraction of water or restore water only to the extent the director determines the lowering of the freshwater lake level is caused by the significant water withdrawal facility.
[Pre-1995 Recodification Citation: 13-2-2.6-12.]
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 5. Emergency Regulation of Surface Water Rights
14-25-5-1. Applicability of Chapter
14-25-5-2. "Financial Responsibility Bond" Defined
14-25-5-3. "Freshwater Lake" Defined
14-25-5-4. "Lake Owner" Defined
14-25-5-5. "Significant Water Withdrawal Facility" Defined
14-25-5-7. Freshwater Lake Emergency; Based on Investigation
14-25-5-8. Freshwater Lake Emergency; Effectiveness
14-25-5-9. Temporary Orders Upon Finding of Improper Management or Poor Maintenance
14-25-5-10. Financial Responsibility Bonds; Filing
14-25-5-11. Financial Responsibility Bonds; Compensation, Forfeiture
14-25-5-12. Agreements to Compensate Owners for Diminution in Value