Introduced Version
SENATE BILL No. 249
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 14-8-2; IC 14-25.
Synopsis: Major ground water withdrawal facilities. Defines a facility
as a "major ground water withdrawal facility" if: (1) the facility
includes one or more wells that have the capability of withdrawing at
least 10,000,000 gallons of ground water from one or more aquifers in
one day; and (2) the facility is connected, or plans provide for the
facility to be connected, to pipeline facilities through which at least
10,000,000 gallons of ground water withdrawn by the facility's well or
wells could be transported in one day to a destination located at least
20 miles from the facility. Provides that, after June 30, 2024, a person
may not establish a major ground water withdrawal facility if the
ground water withdrawn by the facility will be used primarily for: (1)
commercial purposes; (2) industrial purposes; or (3) a combination of
commercial purposes and industrial purposes; unless the person has
obtained a permit from the natural resources commission
(commission). Establishes the following prerequisites to the
commission's issuance of a permit: (1) Public notice of the permit
application must be provided through publication on the website of the
department of natural resources (department). (2) Public notice of the
permit application must be provided by first class mail to the executive
of the county and to the executives of certain cities or towns. (3) At
least two public hearings concerning the proposed major ground water
withdrawal facility must be held. (4) A written feasibility study
concerning the proposed major ground water withdrawal facility must
be prepared. (5) The written feasibility study must be peer reviewed.
(6) The feasibility study and the written results of the peer review must
be published on the website of the department. Provides that the
(Continued next page)
Effective: July 1, 2024.
Deery, Alting, Charbonneau, Glick,
Doriot
January 11, 2024, read first time and referred to Committee on Utilities.
2024 IN 249—LS 6875/DI 55 Digest Continued
commission shall issue the permit if: (1) all of the prerequisites are
satisfied; and (2) the commission determines that the establishment of
the major ground water withdrawal facility, if permitted, will fulfill the
health, economic, environmental, and other needs of present and future
generations of Indiana citizens. Provides that, depending on the
determinations of the feasibility study and the peer review, the permit
may limit the maximum amount that the major ground water
withdrawal facility may withdraw and transfer per year. Provides that
a permit, if issued, must require the permit holder to regularly monitor
the aquifer or aquifers from which the major ground water withdrawal
facility withdraws ground water and must report the monitoring data to
the department. Provides that the owner of a major ground water
withdrawal facility may be ordered to provide timely and reasonable
compensation to the owner of a nonsignificant ground water
withdrawal facility or significant ground water withdrawal facility if
water withdrawals by the major ground water withdrawal facility cause
the nonsignificant ground water withdrawal facility or significant
ground water withdrawal facility to fail to furnish the supply of water
it normally furnishes or to fail to furnish potable water.
2024 IN 249—LS 6875/DI 552024 IN 249—LS 6875/DI 55 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 249
A BILL FOR AN ACT to amend the Indiana Code concerning
natural resources.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 14-8-2-13 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. "Aquifer":
3 (1) for purposes of IC 14-25-3.5, has the meaning set forth in
4 IC 14-25-3.5-2; and
5 (2) for purposes of IC 14-25-7, has the meaning set forth in
6 IC 14-25-7-1.
7 SECTION 2. IC 14-8-2-157.7 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2024]: Sec. 157.7. "Major ground water
10 withdrawal facility", for purposes of IC 14-25-3.5 and IC 14-25-4,
11 has the meaning set forth in IC 14-25-3.5-4.
12 SECTION 3. IC 14-8-2-199, AS AMENDED BY P.L.214-2014,
13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 199. (a) "Permit", for purposes of IC 14-25-3.5,
15 means a permit for a major ground water withdrawal facility.
16 (a) (b) "Permit", for purposes of IC 14-28-1-38, has the meaning set
17 forth in IC 14-28-1-38(a).
2024 IN 249—LS 6875/DI 55 2
1 (b) (c) "Permit", for purposes of IC 14-34, means a permit issued
2 under IC 14-34 to conduct a surface coal mining and reclamation
3 operation.
4 SECTION 4. IC 14-8-2-202, AS AMENDED BY P.L.39-2018,
5 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 202. (a) "Person" means, except as provided in
7 subsections (b) through (i), (j), an individual, a partnership, an
8 association, a fiduciary, an executor or administrator, a limited liability
9 company, or a corporation.
10 (b) "Person", for purposes of IC 14-12-2, has the meaning set forth
11 in IC 14-12-2-3.
12 (c) "Person", for purposes of IC 14-16, IC 14-22-28, IC 14-24,
13 IC 14-26-2, IC 14-28-1, and IC 14-38-2, means an individual, a
14 partnership, an association, a fiduciary, an executor or administrator,
15 a limited liability company, a corporation, other legal entity, the state,
16 or an agency, a political subdivision, or another instrumentality of the
17 state.
18 (d) "Person", for purposes of IC 14-12-1, IC 14-12-2, IC 14-21,
19 IC 14-25 through IC 14-29, except as otherwise provided in this
20 section, IC 14-33, IC 14-34, and IC 14-37, means an individual, a
21 partnership, an association, a fiduciary, an executor or administrator,
22 a limited liability company, a corporation, or a governmental entity.
23 (e) "Person", for purposes of IC 14-22-31.5, has the meaning set
24 forth in IC 14-22-31.5-2.
25 (f) "Person", for purposes of IC 14-25-3, has the meaning set forth
26 in IC 14-25-3-1.
27 (g) "Person", for purposes of IC 14-25-3.5, has the meaning set
28 forth in IC 14-25-3.5-5.
29 (g) (h) "Person", for the purposes of IC 14-25-7, has the meaning set
30 forth in IC 14-25-7-5.
31 (h) (i) "Person", for purposes of IC 14-34, means an individual, a
32 partnership, a limited liability company, an association, a society, a
33 joint stock company, a firm, a company, a corporation, or other
34 business organization.
35 (i) (j) "Person", for purposes of IC 14-38-1, has the meaning set
36 forth in IC 14-38-1-2.
37 SECTION 5. IC 14-8-2-305.5 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2024]: Sec. 305.5. "Water expert", for
40 purposes of IC 14-25-3.5, has the meaning set forth in
41 IC 14-25-3.5-6.
42 SECTION 6. IC 14-25-3.5 IS ADDED TO THE INDIANA CODE
2024 IN 249—LS 6875/DI 55 3
1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]:
3 Chapter 3.5. Major Ground Water Withdrawal Facilities
4 Sec. 1. (a) This chapter applies to a major ground water
5 withdrawal facility only if the ground water withdrawn by and
6 transported from the major ground water withdrawal facility is or
7 will be used primarily for:
8 (1) commercial purposes;
9 (2) industrial purposes; or
10 (3) a combination of commercial purposes and industrial
11 purposes.
12 (b) As used in this section, "commercial purposes" do not
13 include the supplying of water to residential properties for
14 domestic use.
15 Sec. 2. As used in this chapter, "aquifer" means an underground
16 geologic formation that:
17 (1) is consolidated or unconsolidated; and
18 (2) has the ability to receive and contain ground water.
19 Sec. 3. As used in this chapter, "ground water" has the meaning
20 set forth in IC 14-8-2-118(a).
21 Sec. 4. As used in this chapter, "major ground water withdrawal
22 facility" means a facility that meets all of the following conditions:
23 (1) The facility includes:
24 (A) one (1) well; or
25 (B) two (2) or more wells under common ownership or
26 control.
27 (2) The well or wells to which subdivision (1) refers have, in
28 the aggregate, from all sources and by all methods, the
29 capability of withdrawing at least ten million (10,000,000)
30 gallons of ground water from one (1) or more aquifers in one
31 (1) day.
32 (3) Either:
33 (A) the facility is connected to existing pipeline facilities; or
34 (B) plans for the facility include the connection of the
35 facility to pipeline facilities;
36 through which at least ten million (10,000,000) gallons of
37 ground water withdrawn by the well or wells to which
38 subdivision (1) refers could be transported in one (1) day to a
39 destination located at least twenty (20) miles from the well or
40 wells.
41 Sec. 5. As used in this chapter, "person" means any of the
42 following:
2024 IN 249—LS 6875/DI 55 4
1 (1) An individual.
2 (2) A corporation, including a body corporate and politic
3 exercising public functions.
4 (3) A limited liability company, partnership, trust, or
5 unincorporated association.
6 (4) The state.
7 (5) A unit (as defined in IC 36-1-2-23).
8 (6) A board, a bureau, a commission, a division, a department,
9 an officer, an agency, an authority, or an instrumentality of
10 the state or of a unit.
11 (7) Two (2) or more of the persons identified in subdivisions
12 (1) through (6) acting in concert.
13 Sec. 6. As used in this chapter, "water expert" means an
14 individual who meets the qualifications set forth in at least one (1)
15 of the following subdivisions:
16 (1) Is certified as a hydrologist by the American Institute of
17 Hydrology.
18 (2) Is a licensed professional geologist (as defined in
19 IC 25-17.6-1-6.5) and has one (1) of the following:
20 (A) A doctorate degree related to hydrology.
21 (B) A master's degree in hydrology.
22 (C) A master's degree in environmental science or
23 geoscience with a concentration in hydrology.
24 (D) More than three (3) years of professional experience
25 related to hydrology.
26 (3) Is a professional engineer registered under IC 25-31-1 and
27 has one (1) of the following:
28 (A) A doctorate degree related to hydrology.
29 (B) A master's degree in hydrology.
30 (C) A master's degree in environmental science or
31 geoscience with a concentration in hydrology.
32 (D) More than three (3) years of professional experience
33 related to hydrology.
34 Sec. 7. (a) After June 30, 2024, a person may not establish a
35 major ground water withdrawal facility unless the person obtains
36 a permit from the commission under this chapter.
37 (b) After June 30, 2024, if:
38 (1) a major ground water withdrawal facility has been
39 established; and
40 (2) a person other than the person to which the permit
41 authorizing the establishment of the major ground water
42 withdrawal facility was issued intends to assume the operation
2024 IN 249—LS 6875/DI 55 5
1 of the major ground water withdrawal facility;
2 the person that intends to assume the operation of the major
3 ground water withdrawal facility must present to the commission
4 detailed plans concerning the person's proposed operation of the
5 facility. If, in the determination of the commission, the person's
6 operation would differ significantly from the operation conducted
7 under the permit previously issued in the amount of ground water
8 withdrawn or the use of the ground water, the person intending to
9 operate the major ground water withdrawal facility may not
10 assume the operation of the major ground water withdrawal
11 facility unless the person obtains a permit from the commission
12 under this chapter. However, a person that intends to assume the
13 operation of a major ground water withdrawal facility is not
14 required under this subsection to obtain a permit from the
15 commission if the person's operation of the major ground water
16 withdrawal facility would differ from the operation conducted
17 under the permit previously issued only in the destination to which
18 the ground water would be transported by pipeline.
19 Sec. 8. Before the commission may issue a permit for a major
20 ground water withdrawal facility under this chapter, all of the
21 following prerequisites must be satisfied:
22 (1) Public notice of:
23 (A) the application for the permit, including the identity of
24 all applicants;
25 (B) the proposed location of the major ground water
26 withdrawal facility, including an identification of the
27 aquifer or aquifers from which the major ground water
28 withdrawal facility would draw ground water;
29 (C) the purpose of the proposed major ground water
30 withdrawal facility, including the proposed use of the
31 ground water that would be withdrawn;
32 (D) the maximum daily ground water withdrawal
33 capability of the major ground water withdrawal facility;
34 and
35 (E) the time, date, and location of the public hearings to be
36 held under subdivision (4);
37 must be provided through publication on the department's
38 website at least forty-five (45) days before the commission
39 begins to consider the permit application.
40 (2) Public notice of each public hearing to be held under
41 subdivision (4) shall be published on the department's website
42 at least thirty (30) days before the date of the public hearing.
2024 IN 249—LS 6875/DI 55 6
1 (3) Public notice of the information described in subdivision
2 (1)(A) through (1)(E) must also be provided by the
3 department by first class mail to:
4 (A) the executive (as defined in IC 36-1-2-5) of the county
5 in which the major ground water withdrawal facility
6 would be located; and
7 (B) the executive (as defined in IC 36-1-2-5) of a city or
8 town if the major ground water withdrawal facility:
9 (i) would be located within the corporate boundaries of
10 the city or town; or
11 (ii) would draw ground water from an aquifer from
12 which any residence or commercial or noncommercial
13 establishment located in the city or town is supplied
14 water, either by a privately owned water well or a water
15 utility.
16 (4) At least two (2) public hearings concerning the proposed
17 establishment or operation of the major ground water
18 withdrawal facility must be held at the times, on the dates,
19 and in the locations stated in the public notice provided under
20 subdivision (1)(E). All of the public hearings must be held in
21 the county described in subdivision (3)(A) and, if applicable,
22 at least one (1) public hearing must be held in a city or town
23 described in subdivision (3)(B). Each public hearing must be
24 held in a public hearing facility suitable to accommodate all
25 members of the public who might reasonably be expected to
26 attend the public hearing. Representatives of the applicant or
27 applicants seeking the issuance of the permit under this
28 chapter must be present at the public hearings to answer
29 questions from members of the public concerning the
30 proposed establishment or operation of the major ground
31 water withdrawal facility. The expenses of holding a public
32 hearing under this subdivision shall be paid by the applicant
33 or applicants seeking the issuance of the permit. An officer or
34 employee of the division of hearings of the commission shall,
35 on behalf of the commission, convene and moderate a public
36 hearing held under this subdivision, record the testimony
37 given, and receive written comments provided. A member of
38 the public may do any of the following:
39 (A) Attend a public hearing held under this subdivision
40 concerning the proposed issuance of the permit.
41 (B) Speak at the public hearing about the proposed
42 issuance of the permit.
2024 IN 249—LS 6875/DI 55 7
1 (C) Submit:
2 (i) to the officer or employee of the division of hearings
3 of the commission who moderates a public hearing; or
4 (ii) directly to the commission;
5 written comments concerning the proposed issuance of the
6 permit.
7 At a public hearing held under this subdivision, any individual
8 must be allowed an opportunity to be heard in the presence of
9 others who are present to testify. However, the commission or
10 the officer or employee of the division of hearings of the
11 commission who moderates a public hearing may limit
12 testimony at the public hearing to a reasonable time stated at
13 the opening of the public hearing.
14 (5) Before the first public hearing held under subdivision (4),
15 a written feasibility study must be prepared concerning the
16 proposed establishment or operation of the major ground
17 water withdrawal facility. The feasibility study must include
18 the following:
19 (A) An assessment of the effect that the withdrawal of
20 ground water by the major ground water withdrawal
21 facility would have on the aquifer or aquifers from which
22 the major ground water withdrawal facility would
23 withdraw ground water.
24 (B) A determination of what will happen to the ground
25 water after it is withdrawn by the major ground water
26 withdrawal facility, including:
27 (i) how the water will be used;
28 (ii) actions, processes, and technology that will be used to
29 minimize the amount of water used, as through
30 conservation or reclamation, or why the use of such
31 actions, processes, and technology are impossible or not
32 feasible; and
33 (iii) what will be done with the water after it is used.
34 (C) An assessment of how the withdrawal of ground water
35 by the major ground water withdrawal facility would
36 affect users of ground water from the aquifer or aquifers
37 from which the major ground water withdrawal facility
38 would withdraw ground water.
39 (D) A determination of whether the natural replenishment
40 of ground water in the aquifer or aquifers from which the
41 major ground water withdrawal facility would withdraw
42 ground water is likely to diminish due to the major ground
2024 IN 249—LS 6875/DI 55 8
1 water withdrawal facility.
2 (E) An assessment of how the withdrawal of ground water
3 by the major ground water withdrawal facility would
4 affect the health and best interests of the public.
5 (F) An evidence based forecast of whether the demand for
6 ground water from the aquifer or aquifers from which the
7 major ground water withdrawal facility would withdraw
8 ground water is likely to increase in the future.
9 (G) Based upon:
10 (i) the assessments, determinations, and forecast of
11 demand made under clauses (A) through (F);
12 (ii) the need to maintain sufficient ground water for
13 drinking, cooking, personal hygiene, clothes washing,
14 and sanitation and waste disposal; and
15 (iii) the objective of balancing demands upon ground
16 water for agricultural use and for business and
17 commercial uses;
18 a determination of the maximum amount of ground water
19 that the major ground water withdrawal facility should be
20 allowed to withdraw from the aquifer or aquifers per year.
21 The cost of preparing the feasibility study required under this
22 subdivision shall be paid by the applicant or applicants
23 seeking the issuance of the permit. The feasibility study must
24 be prepared by an individual who is a water expert. The
25 individual who prepares the feasibility study shall be
26 compensated by the applicant or applicants seeking the
27 issuance of the permit but may not be an employee, owner, or
28 officer of an applicant seeking the issuance of the permit.
29 (6) After the written feasibility study is prepared under
30 subdivision (5) but before the first public hearing is held
31 under subdivision (4), the feasibility study must be peer
32 reviewed by an individual who is a water expert and is
33 authorized by the commission to conduct the peer review of
34 the feasibility study. The individual who conducts the peer
35 review under this subdivision must not have been involved in
36 the preparation of the feasibility study and must not be:
37 (A) a partner of an individual; or
38 (B) an employee of the same employer that employs an
39 individual;
40 who prepared the feasibility study. The individuals who
41 conduct the peer review under this subdivision must
42 determine whether the feasibility study's assessments,
2024 IN 249—LS 6875/DI 55 9
1 determinations, forecast of demand, and determination of the
2 maximum amount that the major ground water withdrawal
3 facility should be allowed to withdraw per year are
4 reasonably supported by the information and scientific
5 principles on which they are based. The cost of the peer
6 review required under this subdivision shall be paid by the
7 applicant or applicants seeking the issuance of the permit. The
8 individual who conducts the peer review shall be compensated
9 by the applicant or applicants seeking the issuance of the
10 permit but may not be an employee, owner, or officer of an
11 applicant seeking the issuance of the permit.
12 (7) The written feasibility study required under subdivision
13 (5) and the written results of the peer review required under
14 subdivision (6):
15 (A) must be published on the department's website before
16 the date of the first public hearing held under subdivision
17 (4); and
18 (B) must remain accessible on the department's website for
19 at least two (2) years after the decision of the commission
20 whether to issue the permit.
21 Sec. 9. (a) If an application for a permit to establish or operate
22 a major ground water withdrawal facility under this chapter is
23 submitted to the commission after June 30, 2024, the commission
24 shall issue the permit if:
25 (1) all of the prerequisites set forth in section 8 of this chapter
26 are satisfied; and
27 (2) the commission determines, based upon:
28 (A) the information and comments presented through the
29 public hearings held under section 8(4) of this chapter;
30 (B) the contents of the written feasibility study prepared
31 under section 8(5) of this chapter;
32 (C) the written results of the peer review of the feasibility
33 study conducted under section 8(6) of this chapter;
34 (D) any analysis and recommendations provided to the
35 commission by the department; and
36 (E) the interpretation of the information described in
37 clauses (A) through (D) by the members of the commission;
38 that the establishment or operation of the major ground water
39 withdrawal facility, if permitted, will fulfill the health,
40 economic, environmental, and other needs of present and
41 future generations of Indiana citizens, including Indiana
42 citizens who reside or earn their living in the area of the
2024 IN 249—LS 6875/DI 55 10
1 aquifer or aquifers from which the major ground water
2 withdrawal facility would withdraw ground water.
3 (b) If:
4 (1) the commission decides to issue a permit for a major
5 ground water withdrawal facility; and
6 (2) the individuals who conduct the peer review under section
7 8(6) of this chapter determine that the maximum amount that
8 the major ground water withdrawal facility should be allowed
9 to withdraw and transfer per year, as set forth in the written
10 feasibility study under section 8(5)(G) of this chapter, is
11 reasonably supported by the information and scientific
12 principles on which it is based;
13 the permit issued by the commission must limit the maximum
14 amount that the major ground water withdrawal facility may
15 withdraw and transfer per year to the amount set forth in the
16 written feasibility study under section 8(5)(G) of this chapter.
17 Sec. 10. If the commission does not make a determination to
18 issue or to deny a permit in response to an application described in
19 section 8 of this chapter not later than ninety (90) days after the
20 day on which the permit application was submitted to the
21 commission, the commission shall report in writing to the general
22 assembly the reason or reasons why the commission has not made
23 a determination. A report made to the general assembly under this
24 section must be submitted in an electronic format under IC 5-14-6.
25 Sec. 11. If the area in which a major ground water withdrawal
26 facility is located is designated by the department under
27 IC 14-25-3-4 as a restricted use area, having obtained a permit for
28 the major ground water withdrawal facility under this chapter:
29 (1) exempts the owner or operator of the major ground water
30 withdrawal facility from the requirement to obtain a permit
31 from the department under IC 14-25-3-6; but
32 (2) does not exempt the owner or operator of the major
33 ground water withdrawal facility from:
34 (A) the potential imposition by the department, under
35 IC 14-25-3-9, of:
36 (i) conditions or stipulations necessary to conserve the
37 ground water of the restricted use area and prevent
38 waste, exhaustion, or impairment of the ground water;
39 or
40 (ii) the requirement that ground water withdrawn in the
41 restricted use area be returned to the ground through
42 wells, pits, or spreading grounds;
2024 IN 249—LS 6875/DI 55 11
1 (B) the requirement under IC 14-25-3-11 to file with the
2 department a certified statement of the average daily
3 amount of ground water used before the area was
4 designated as a restricted use area;
5 (C) the requirement under IC 14-25-3-12 to file with the
6 department a complete record of each new well drilled
7 within a restricted use area;
8 (D) the requirement under IC 14-25-3-14, if imposed by the
9 department, to install a meter to measure ground water
10 withdrawals in the restricted use area;
11 (E) the requirement under IC 14-25-3-15(a), if imposed by
12 the department, to return water to the ground in the
13 restricted use area; or
14 (F) the requirement under IC 14-25-3-15(c), if imposed by
15 the department, to install controls necessary to diminish
16 the amount of ground water withdrawn in the restricted
17 use area by the major ground water withdrawal facility.
18 Sec. 12. If the director, under IC 14-25-4-10, declares a ground
19 water emergency in the area in which a major ground water
20 withdrawal facility is located, having obtained a permit for the
21 major ground water withdrawal facility under this chapter does
22 not exempt the owner or operator of the major ground water
23 withdrawal facility from:
24 (1) a restriction, if imposed by the director under
25 IC 14-25-4-12, of the quantity of ground water that may be
26 extracted by the major ground water withdrawal facility;
27 (2) a requirement, if imposed under IC 14-25-4, to provide
28 timely and reasonable compensation to the owner of a
29 nonsignificant ground water withdrawal facility or significant
30 ground water withdrawal facility for causing the
31 nonsignificant ground water withdrawal facility or significant
32 ground water withdrawal facility to fail to furnish potable
33 water or to fail to furnish the supply of water it normally
34 furnishes; or
35 (3) a requirement, if imposed by the director under
36 IC 14-25-4-20, to temporarily provide an adequate supply of
37 potable water to owners of nonsignificant ground water
38 withdrawal facilities affected by the ground water emergency.
39 Sec. 13. An action of the commission to issue or deny a permit
40 under this chapter is subject to judicial review under IC 4-21.5-5.
41 Sec. 14. (a) A major ground water withdrawal facility permit
42 issued by the commission under this chapter must include a
2024 IN 249—LS 6875/DI 55 12
1 condition requiring the permit holder to regularly monitor the
2 aquifer or aquifers from which the major ground water
3 withdrawal facility withdraws ground water.
4 (b) The condition included in a permit under this section must
5 require the use of one (1) or more of the following:
6 (1) Monitoring wells that:
7 (A) measure an aquifer's water level directly; or
8 (B) measure pore pressure in the aquifer, allowing an
9 inference of the ground water level.
10 (2) Satellite data indicating changes in surface features
11 resulting from changes in ground water levels.
12 (3) Analysis of seismic wave velocities to calculate changes in
13 ground water levels.
14 (c) The permit holder shall report the data obtained under
15 subsection (b) to the department:
16 (1) at intervals; and
17 (2) in a form and format;
18 determined by the department to ensure that the effects of the
19 major ground water withdrawal facility on the aquifer or aquifers
20 are continuously monitored.
21 (d) The reports made to the department under subsection (c) are
22 public records subject to IC 5-14-3.
23 (e) The duty of a permit holder to report under subsection (c) is
24 in addition to the duty to report the amounts of ground water
25 withdrawn by the major ground water withdrawal facility under
26 IC 14-25-7-15(e).
27 Sec. 15. The commission may adopt rules under IC 4-22-2 that
28 are necessary to administer this chapter.
29 Sec. 16. (a) This chapter does not in any way supersede or affect
30 the Great Lakes—St. Lawrence River Basin Water Resources
31 Compact under IC 14-25-15-1 or any:
32 (1) restrictions, obligations, powers, rights, duties,
33 prohibitions, immunities, privileges, organizations, or
34 procedures established;
35 (2) actions taken; or
36 (3) supplemental or concurring legislation enacted or rules
37 adopted;
38 under the Great Lakes—St. Lawrence River Basin Water
39 Resources Compact under IC 14-25-15-1.
40 (b) This chapter does not:
41 (1) apply to a ground water withdrawal from; or
42 (2) authorize the diversion of water from;
2024 IN 249—LS 6875/DI 55 13
1 the drainage basin of the Great Lakes.
2 SECTION 7. IC 14-25-4-2.8 IS ADDED TO THE INDIANA CODE
3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4 1, 2024]: Sec. 2.8. As used in this chapter, "major ground water
5 withdrawal facility" has the meaning set forth in IC 14-25-3.5-4.
6 SECTION 8. IC 14-25-4-8 IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Within
8 twenty-four (24) hours after receiving a written complaint from the
9 owner of a nonsignificant ground water withdrawal facility that a water
10 well on property in the owner's possession the nonsignificant ground
11 water withdrawal facility has:
12 (1) failed to furnish the well's normal supply of water; or
13 (2) failed to furnish potable water;
14 the director shall cause an onsite investigation to be made.
15 (b) Within twenty-four (24) hours after receiving a written
16 complaint from the owner of a significant ground water
17 withdrawal facility located not more than ten (10) miles from a
18 major ground water withdrawal facility stating that the significant
19 ground water withdrawal facility has:
20 (1) failed to furnish the supply of water it normally furnishes;
21 or
22 (2) failed to furnish potable water;
23 the director shall cause an onsite investigation to be made.
24 SECTION 9. IC 14-25-4-9 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. If an investigation
26 conducted under section 8 of this chapter discloses:
27 (1) that the well nonsignificant ground water withdrawal
28 facility to which section 8(a) of this chapter applies or the
29 significant ground water withdrawal facility to which section
30 8(b) of this chapter applies has:
31 (A) failed to furnish the well's its normal supply of water; or
32 (B) based upon reasonable evidence of prior potability
33 supplied by the owner, failed to furnish potable water;
34 (2) that there has been a substantial lowering of the level of
35 ground water in the area that has resulted in the failure of the well
36 nonsignificant ground water withdrawal facility or significant
37 ground water withdrawal facility to:
38 (A) furnish the well's normal supply of water it normally
39 furnishes; or
40 (B) furnish potable water, if the failure is caused by natural
41 variations in the potability of water in the source aquifer;
42 (3) that the well nonsignificant ground water withdrawal
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1 facility or significant ground water withdrawal facility and the
2 well's its equipment were functioning properly at the time of the
3 failure;
4 (4) that the failure of the well nonsignificant ground water
5 withdrawal facility or significant ground water withdrawal
6 facility was caused by the lowering of the ground water level in
7 the area;
8 (5) that the lowering of the ground water level is such that the
9 ground water level:
10 (A) exceeds normal seasonal water level fluctuations; and
11 (B) substantially impairs continued use of the ground water
12 resource in the area; and
13 (6) that the lowering of the ground water level was caused by at
14 least one (1) significant ground water withdrawal facility or
15 major ground water withdrawal facility;
16 the director shall, by temporary order, declare a ground water
17 emergency.
18 SECTION 10. IC 14-25-4-10 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. If the director has
20 reasonable evidence that indicates that continued ground water
21 withdrawals from a significant ground water withdrawal facility or
22 major ground water withdrawal facility will exceed the recharge
23 capability of the ground water resource of the area, the director shall,
24 by temporary order, declare a ground water emergency.
25 SECTION 11. IC 14-25-4-12 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) Except as
27 provided in subsection (b), the director may restrict the quantity of
28 ground water that may be extracted from the source aquifer by a
29 significant ground water withdrawal facility or major ground water
30 withdrawal facility when the director declares a ground water
31 emergency under section 9 or 10 of this chapter if:
32 (1) the:
33 (A) significant ground water withdrawal facility or major
34 ground water withdrawal facility is reasonably believed to
35 have caused the failure of the complainant's water well;
36 nonsignificant ground water withdrawal facility or
37 significant ground water withdrawal facility; and
38 (B) immediate temporary provision of an adequate supply of
39 potable water required under sections 18(1) and 20(a) of this
40 chapter is not carried out; or
41 (2) there is a reasonable belief that continued ground water
42 withdrawals from by the significant ground water withdrawal
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1 facility or major ground water withdrawal facility will exceed
2 the recharge capability of the ground water resource of the area.
3 (b) If an the operator of a the significant ground water withdrawal
4 facility or major ground water withdrawal facility withdraws water
5 by a means other than pumping, the director may temporarily restrict
6 the quantity of ground water that may be extracted from the source
7 aquifer by the significant ground water withdrawal facility or
8 major ground water withdrawal facility only if the provisions of
9 subsection (a)(1) have not been met.
10 SECTION 12. IC 14-25-4-14, AS AMENDED BY P.L.32-2011,
11 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 14. (a) A declaration of a ground water emergency
13 under this chapter is effective when a copy of a declaration is served
14 under IC 4-21.5-3-1 upon a person who owns the significant ground
15 water withdrawal facility or major ground water withdrawal facility
16 that is reasonably believed to have caused the failure of the
17 complainant's water well. nonsignificant ground water withdrawal
18 facility or significant ground water withdrawal facility.
19 (b) As soon as possible after a declaration of a ground water
20 emergency has been made, copies of the declaration shall be given to
21 the newspapers of general circulation located in the affected county.
22 The notification to newspapers required by this subsection:
23 (1) is in addition to the minimum procedural duties required of
24 the department under IC 4-21.5; and
25 (2) does not satisfy service of process by publication under
26 IC 4-21.5-3-1(f).
27 (c) If the a ground water emergency declared under this chapter
28 requires action before service can be completed under subsection (a),
29 oral notification in person by a representative of the department and
30 authorized by the director is sufficient until service as described in
31 subsection (a) can be completed. Oral notification provided under
32 this subsection is effective for not more than ninety-six (96) hours.
33 SECTION 13. IC 14-25-4-17 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. The owner of a
35 significant ground water withdrawal facility shall, subject to an order
36 issued under section 20 of this chapter, or under IC 13-2-2.5-11 (before
37 its repeal), provide timely and reasonable compensation to persons who
38 own the owner of an affected nonsignificant ground water withdrawal
39 facilities facility if: there is failure or substantial impairment of those
40 facilities as set forth in section 8 of this chapter if both of the following
41 conditions exist:
42 (1) the affected nonsignificant ground water withdrawal
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1 facility:
2 (A) has failed to furnish the supply of water it normally
3 furnishes; or
4 (B) has failed to furnish potable water; and
5 (2) both of the following conditions are met:
6 (A) A determination is made under this chapter that (1) the
7 failure or substantial impairment existence of either of the
8 conditions set forth in subdivision (1) was caused by the
9 ground water withdrawals of the significant ground water
10 withdrawal facility.
11 (2) Either: (A) (B) The affected nonsignificant ground water
12 withdrawal facility:
13 (i) was in existence before January 1, 1986; or (B) if
14 constructed after December 31, 1985, the facility conforms
15 to the rules of the department issued under section 13 of this
16 chapter.
17 (ii) Water wells if constructed after December 31, 1985, but
18 before the adoption of rules under this chapter, must
19 conform conforms to the Recommended Guidelines of the
20 department in Information Bulletin No. 3 published at 9 IR
21 1242; or
22 (iii) if constructed after the adoption of rules under
23 section 13 of this chapter, conforms to those rules.
24 SECTION 14. IC 14-25-4-17.5 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2024]: Sec. 17.5. The owner of a major
27 ground water withdrawal facility shall, subject to an order issued
28 under section 20 of this chapter, provide timely and reasonable
29 compensation to the owner of a nonsignificant ground water
30 withdrawal facility or significant ground water withdrawal facility
31 if:
32 (1) the nonsignificant ground water withdrawal facility or
33 significant ground water withdrawal facility has:
34 (A) failed to furnish the supply of water it normally
35 furnishes; or
36 (B) failed to furnish potable water; and
37 (2) both of the following conditions are met:
38 (A) A determination is made under this chapter that the
39 existence of either of the conditions set forth in subdivision
40 (1) was caused by the ground water withdrawals of the
41 major ground water withdrawal facility.
42 (B) The affected nonsignificant ground water withdrawal
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1 facility or significant ground water withdrawal facility:
2 (i) was in existence before January 1, 1986;
3 (ii) if constructed after December 31, 1985, but before
4 the adoption of rules under this chapter, conforms to the
5 Recommended Guidelines of the department in
6 Information Bulletin No. 3 published at 9 IR 1242; or
7 (iii) if constructed after the adoption of rules under
8 section 13 of this chapter, conforms to those rules.
9 SECTION 15. IC 14-25-4-18 IS AMENDED TO READ AS
10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 18. Timely and
11 reasonable compensation, under section for the purposes of sections
12 17, 17.5, and 19 of this chapter, consists of and is limited to the
13 following:
14 (1) The immediate temporary provision at the prior point of use
15 of an adequate supply of potable water.
16 (2) Reimbursement of expenses reasonably incurred by the
17 complainant to do the following:
18 (A) Obtain an immediate temporary provision at the prior
19 point of use of an adequate supply of potable water.
20 (B) Provide timely and reasonable compensation as provided
21 in subdivision (3)(A) and (3)(B).
22 (3) Either:
23 (A) the restoration of the affected nonsignificant ground water
24 withdrawal facility to the facility's former relative capability;
25 (B) the permanent provision at the point of use of an
26 alternative potable supply of equal quantity; or
27 (C) the permanent restriction or scheduling of the ground
28 water withdrawals of the significant ground water withdrawal
29 facility so that the affected water well continues to produce:
30 (i) the well's normal supply of water; or
31 (ii) the normal supply of potable water if the well normally
32 furnishes potable water.
33 SECTION 16. IC 14-25-4-19 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 19. (a) The refusal of
35 an owner of an affected nonsignificant ground water withdrawal facility
36 or significant ground water withdrawal facility to accept timely and
37 reasonable compensation provided or offered under section 17 or
38 17.5 of this chapter is sufficient grounds for the department to
39 terminate an order imposed on a responsible significant ground water
40 withdrawal facility or major ground water withdrawal facility
41 under section 20 of this chapter.
42 (b) An owner of a nonsignificant ground water withdrawal
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1 facility or significant ground water withdrawal facility may request
2 a hearing under IC 4-21.5 if the owner does not believe that
3 compensation was provided under section 17 or 17.5 of this chapter
4 is timely or reasonable.
5 SECTION 17. IC 14-25-4-20 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. (a) Upon the
7 declaration of a ground water emergency under section 9 of this
8 chapter, the director shall, by temporary order, require the immediate
9 temporary provision at the prior point of use of an adequate supply of
10 potable water. A temporary order declaring a ground water
11 emergency under section 9 or 10 of this chapter remains in effect for
12 ninety (90) days unless:
13 (1) terminated by the director before the expiration of ninety (90)
14 days; or
15 (2) extended under IC 4-21.5-4-5(b) during the pendency of a
16 proceeding concerning the provision of timely and reasonable
17 compensation under section 18(2) and 18(3) of this chapter.
18 (b) The commission shall implement require the provision of
19 timely and reasonable compensation under section 18(2) and 18(3)
20 of this chapter by order. Before the commission enters an initial
21 determination of the order, the department shall conduct an
22 investigation and provide affected persons with an informal opportunity
23 to contribute to the investigation. All final orders of the commission
24 under this subsection shall be issued under IC 4-21.5-3.
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