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Indiana Senate Bill SB0249

Indiana 2024 Regular Session

Indiana Senate Bill SB0249 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 249
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 14-8-2; IC 14-25.
77 Synopsis: Major ground water withdrawal facilities. Defines a facility
88 as a "major ground water withdrawal facility" if: (1) the facility
99 includes one or more wells that have the capability of withdrawing at
1010 least 10,000,000 gallons of ground water from one or more aquifers in
1111 one day; and (2) the facility is connected, or plans provide for the
1212 facility to be connected, to pipeline facilities through which at least
1313 10,000,000 gallons of ground water withdrawn by the facility's well or
1414 wells could be transported in one day to a destination located at least
1515 20 miles from the facility. Provides that, after June 30, 2024, a person
1616 may not establish a major ground water withdrawal facility if the
1717 ground water withdrawn by the facility will be used primarily for: (1)
1818 commercial purposes; (2) industrial purposes; or (3) a combination of
1919 commercial purposes and industrial purposes; unless the person has
2020 obtained a permit from the natural resources commission
2121 (commission). Establishes the following prerequisites to the
2222 commission's issuance of a permit: (1) Public notice of the permit
2323 application must be provided through publication on the website of the
2424 department of natural resources (department). (2) Public notice of the
2525 permit application must be provided by first class mail to the executive
2626 of the county and to the executives of certain cities or towns. (3) At
2727 least two public hearings concerning the proposed major ground water
2828 withdrawal facility must be held. (4) A written feasibility study
2929 concerning the proposed major ground water withdrawal facility must
3030 be prepared. (5) The written feasibility study must be peer reviewed.
3131 (6) The feasibility study and the written results of the peer review must
3232 be published on the website of the department. Provides that the
3333 (Continued next page)
3434 Effective: July 1, 2024.
3535 Deery, Alting, Charbonneau, Glick,
3636 Doriot
3737 January 11, 2024, read first time and referred to Committee on Utilities.
3838 2024 IN 249—LS 6875/DI 55 Digest Continued
3939 commission shall issue the permit if: (1) all of the prerequisites are
4040 satisfied; and (2) the commission determines that the establishment of
4141 the major ground water withdrawal facility, if permitted, will fulfill the
4242 health, economic, environmental, and other needs of present and future
4343 generations of Indiana citizens. Provides that, depending on the
4444 determinations of the feasibility study and the peer review, the permit
4545 may limit the maximum amount that the major ground water
4646 withdrawal facility may withdraw and transfer per year. Provides that
4747 a permit, if issued, must require the permit holder to regularly monitor
4848 the aquifer or aquifers from which the major ground water withdrawal
4949 facility withdraws ground water and must report the monitoring data to
5050 the department. Provides that the owner of a major ground water
5151 withdrawal facility may be ordered to provide timely and reasonable
5252 compensation to the owner of a nonsignificant ground water
5353 withdrawal facility or significant ground water withdrawal facility if
5454 water withdrawals by the major ground water withdrawal facility cause
5555 the nonsignificant ground water withdrawal facility or significant
5656 ground water withdrawal facility to fail to furnish the supply of water
5757 it normally furnishes or to fail to furnish potable water.
5858 2024 IN 249—LS 6875/DI 552024 IN 249—LS 6875/DI 55 Introduced
5959 Second Regular Session of the 123rd General Assembly (2024)
6060 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
6161 Constitution) is being amended, the text of the existing provision will appear in this style type,
6262 additions will appear in this style type, and deletions will appear in this style type.
6363 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6464 provision adopted), the text of the new provision will appear in this style type. Also, the
6565 word NEW will appear in that style type in the introductory clause of each SECTION that adds
6666 a new provision to the Indiana Code or the Indiana Constitution.
6767 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
6868 between statutes enacted by the 2023 Regular Session of the General Assembly.
6969 SENATE BILL No. 249
7070 A BILL FOR AN ACT to amend the Indiana Code concerning
7171 natural resources.
7272 Be it enacted by the General Assembly of the State of Indiana:
7373 1 SECTION 1. IC 14-8-2-13 IS AMENDED TO READ AS
7474 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. "Aquifer":
7575 3 (1) for purposes of IC 14-25-3.5, has the meaning set forth in
7676 4 IC 14-25-3.5-2; and
7777 5 (2) for purposes of IC 14-25-7, has the meaning set forth in
7878 6 IC 14-25-7-1.
7979 7 SECTION 2. IC 14-8-2-157.7 IS ADDED TO THE INDIANA
8080 8 CODE AS A NEW SECTION TO READ AS FOLLOWS
8181 9 [EFFECTIVE JULY 1, 2024]: Sec. 157.7. "Major ground water
8282 10 withdrawal facility", for purposes of IC 14-25-3.5 and IC 14-25-4,
8383 11 has the meaning set forth in IC 14-25-3.5-4.
8484 12 SECTION 3. IC 14-8-2-199, AS AMENDED BY P.L.214-2014,
8585 13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8686 14 JULY 1, 2024]: Sec. 199. (a) "Permit", for purposes of IC 14-25-3.5,
8787 15 means a permit for a major ground water withdrawal facility.
8888 16 (a) (b) "Permit", for purposes of IC 14-28-1-38, has the meaning set
8989 17 forth in IC 14-28-1-38(a).
9090 2024 IN 249—LS 6875/DI 55 2
9191 1 (b) (c) "Permit", for purposes of IC 14-34, means a permit issued
9292 2 under IC 14-34 to conduct a surface coal mining and reclamation
9393 3 operation.
9494 4 SECTION 4. IC 14-8-2-202, AS AMENDED BY P.L.39-2018,
9595 5 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9696 6 JULY 1, 2024]: Sec. 202. (a) "Person" means, except as provided in
9797 7 subsections (b) through (i), (j), an individual, a partnership, an
9898 8 association, a fiduciary, an executor or administrator, a limited liability
9999 9 company, or a corporation.
100100 10 (b) "Person", for purposes of IC 14-12-2, has the meaning set forth
101101 11 in IC 14-12-2-3.
102102 12 (c) "Person", for purposes of IC 14-16, IC 14-22-28, IC 14-24,
103103 13 IC 14-26-2, IC 14-28-1, and IC 14-38-2, means an individual, a
104104 14 partnership, an association, a fiduciary, an executor or administrator,
105105 15 a limited liability company, a corporation, other legal entity, the state,
106106 16 or an agency, a political subdivision, or another instrumentality of the
107107 17 state.
108108 18 (d) "Person", for purposes of IC 14-12-1, IC 14-12-2, IC 14-21,
109109 19 IC 14-25 through IC 14-29, except as otherwise provided in this
110110 20 section, IC 14-33, IC 14-34, and IC 14-37, means an individual, a
111111 21 partnership, an association, a fiduciary, an executor or administrator,
112112 22 a limited liability company, a corporation, or a governmental entity.
113113 23 (e) "Person", for purposes of IC 14-22-31.5, has the meaning set
114114 24 forth in IC 14-22-31.5-2.
115115 25 (f) "Person", for purposes of IC 14-25-3, has the meaning set forth
116116 26 in IC 14-25-3-1.
117117 27 (g) "Person", for purposes of IC 14-25-3.5, has the meaning set
118118 28 forth in IC 14-25-3.5-5.
119119 29 (g) (h) "Person", for the purposes of IC 14-25-7, has the meaning set
120120 30 forth in IC 14-25-7-5.
121121 31 (h) (i) "Person", for purposes of IC 14-34, means an individual, a
122122 32 partnership, a limited liability company, an association, a society, a
123123 33 joint stock company, a firm, a company, a corporation, or other
124124 34 business organization.
125125 35 (i) (j) "Person", for purposes of IC 14-38-1, has the meaning set
126126 36 forth in IC 14-38-1-2.
127127 37 SECTION 5. IC 14-8-2-305.5 IS ADDED TO THE INDIANA
128128 38 CODE AS A NEW SECTION TO READ AS FOLLOWS
129129 39 [EFFECTIVE JULY 1, 2024]: Sec. 305.5. "Water expert", for
130130 40 purposes of IC 14-25-3.5, has the meaning set forth in
131131 41 IC 14-25-3.5-6.
132132 42 SECTION 6. IC 14-25-3.5 IS ADDED TO THE INDIANA CODE
133133 2024 IN 249—LS 6875/DI 55 3
134134 1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
135135 2 JULY 1, 2024]:
136136 3 Chapter 3.5. Major Ground Water Withdrawal Facilities
137137 4 Sec. 1. (a) This chapter applies to a major ground water
138138 5 withdrawal facility only if the ground water withdrawn by and
139139 6 transported from the major ground water withdrawal facility is or
140140 7 will be used primarily for:
141141 8 (1) commercial purposes;
142142 9 (2) industrial purposes; or
143143 10 (3) a combination of commercial purposes and industrial
144144 11 purposes.
145145 12 (b) As used in this section, "commercial purposes" do not
146146 13 include the supplying of water to residential properties for
147147 14 domestic use.
148148 15 Sec. 2. As used in this chapter, "aquifer" means an underground
149149 16 geologic formation that:
150150 17 (1) is consolidated or unconsolidated; and
151151 18 (2) has the ability to receive and contain ground water.
152152 19 Sec. 3. As used in this chapter, "ground water" has the meaning
153153 20 set forth in IC 14-8-2-118(a).
154154 21 Sec. 4. As used in this chapter, "major ground water withdrawal
155155 22 facility" means a facility that meets all of the following conditions:
156156 23 (1) The facility includes:
157157 24 (A) one (1) well; or
158158 25 (B) two (2) or more wells under common ownership or
159159 26 control.
160160 27 (2) The well or wells to which subdivision (1) refers have, in
161161 28 the aggregate, from all sources and by all methods, the
162162 29 capability of withdrawing at least ten million (10,000,000)
163163 30 gallons of ground water from one (1) or more aquifers in one
164164 31 (1) day.
165165 32 (3) Either:
166166 33 (A) the facility is connected to existing pipeline facilities; or
167167 34 (B) plans for the facility include the connection of the
168168 35 facility to pipeline facilities;
169169 36 through which at least ten million (10,000,000) gallons of
170170 37 ground water withdrawn by the well or wells to which
171171 38 subdivision (1) refers could be transported in one (1) day to a
172172 39 destination located at least twenty (20) miles from the well or
173173 40 wells.
174174 41 Sec. 5. As used in this chapter, "person" means any of the
175175 42 following:
176176 2024 IN 249—LS 6875/DI 55 4
177177 1 (1) An individual.
178178 2 (2) A corporation, including a body corporate and politic
179179 3 exercising public functions.
180180 4 (3) A limited liability company, partnership, trust, or
181181 5 unincorporated association.
182182 6 (4) The state.
183183 7 (5) A unit (as defined in IC 36-1-2-23).
184184 8 (6) A board, a bureau, a commission, a division, a department,
185185 9 an officer, an agency, an authority, or an instrumentality of
186186 10 the state or of a unit.
187187 11 (7) Two (2) or more of the persons identified in subdivisions
188188 12 (1) through (6) acting in concert.
189189 13 Sec. 6. As used in this chapter, "water expert" means an
190190 14 individual who meets the qualifications set forth in at least one (1)
191191 15 of the following subdivisions:
192192 16 (1) Is certified as a hydrologist by the American Institute of
193193 17 Hydrology.
194194 18 (2) Is a licensed professional geologist (as defined in
195195 19 IC 25-17.6-1-6.5) and has one (1) of the following:
196196 20 (A) A doctorate degree related to hydrology.
197197 21 (B) A master's degree in hydrology.
198198 22 (C) A master's degree in environmental science or
199199 23 geoscience with a concentration in hydrology.
200200 24 (D) More than three (3) years of professional experience
201201 25 related to hydrology.
202202 26 (3) Is a professional engineer registered under IC 25-31-1 and
203203 27 has one (1) of the following:
204204 28 (A) A doctorate degree related to hydrology.
205205 29 (B) A master's degree in hydrology.
206206 30 (C) A master's degree in environmental science or
207207 31 geoscience with a concentration in hydrology.
208208 32 (D) More than three (3) years of professional experience
209209 33 related to hydrology.
210210 34 Sec. 7. (a) After June 30, 2024, a person may not establish a
211211 35 major ground water withdrawal facility unless the person obtains
212212 36 a permit from the commission under this chapter.
213213 37 (b) After June 30, 2024, if:
214214 38 (1) a major ground water withdrawal facility has been
215215 39 established; and
216216 40 (2) a person other than the person to which the permit
217217 41 authorizing the establishment of the major ground water
218218 42 withdrawal facility was issued intends to assume the operation
219219 2024 IN 249—LS 6875/DI 55 5
220220 1 of the major ground water withdrawal facility;
221221 2 the person that intends to assume the operation of the major
222222 3 ground water withdrawal facility must present to the commission
223223 4 detailed plans concerning the person's proposed operation of the
224224 5 facility. If, in the determination of the commission, the person's
225225 6 operation would differ significantly from the operation conducted
226226 7 under the permit previously issued in the amount of ground water
227227 8 withdrawn or the use of the ground water, the person intending to
228228 9 operate the major ground water withdrawal facility may not
229229 10 assume the operation of the major ground water withdrawal
230230 11 facility unless the person obtains a permit from the commission
231231 12 under this chapter. However, a person that intends to assume the
232232 13 operation of a major ground water withdrawal facility is not
233233 14 required under this subsection to obtain a permit from the
234234 15 commission if the person's operation of the major ground water
235235 16 withdrawal facility would differ from the operation conducted
236236 17 under the permit previously issued only in the destination to which
237237 18 the ground water would be transported by pipeline.
238238 19 Sec. 8. Before the commission may issue a permit for a major
239239 20 ground water withdrawal facility under this chapter, all of the
240240 21 following prerequisites must be satisfied:
241241 22 (1) Public notice of:
242242 23 (A) the application for the permit, including the identity of
243243 24 all applicants;
244244 25 (B) the proposed location of the major ground water
245245 26 withdrawal facility, including an identification of the
246246 27 aquifer or aquifers from which the major ground water
247247 28 withdrawal facility would draw ground water;
248248 29 (C) the purpose of the proposed major ground water
249249 30 withdrawal facility, including the proposed use of the
250250 31 ground water that would be withdrawn;
251251 32 (D) the maximum daily ground water withdrawal
252252 33 capability of the major ground water withdrawal facility;
253253 34 and
254254 35 (E) the time, date, and location of the public hearings to be
255255 36 held under subdivision (4);
256256 37 must be provided through publication on the department's
257257 38 website at least forty-five (45) days before the commission
258258 39 begins to consider the permit application.
259259 40 (2) Public notice of each public hearing to be held under
260260 41 subdivision (4) shall be published on the department's website
261261 42 at least thirty (30) days before the date of the public hearing.
262262 2024 IN 249—LS 6875/DI 55 6
263263 1 (3) Public notice of the information described in subdivision
264264 2 (1)(A) through (1)(E) must also be provided by the
265265 3 department by first class mail to:
266266 4 (A) the executive (as defined in IC 36-1-2-5) of the county
267267 5 in which the major ground water withdrawal facility
268268 6 would be located; and
269269 7 (B) the executive (as defined in IC 36-1-2-5) of a city or
270270 8 town if the major ground water withdrawal facility:
271271 9 (i) would be located within the corporate boundaries of
272272 10 the city or town; or
273273 11 (ii) would draw ground water from an aquifer from
274274 12 which any residence or commercial or noncommercial
275275 13 establishment located in the city or town is supplied
276276 14 water, either by a privately owned water well or a water
277277 15 utility.
278278 16 (4) At least two (2) public hearings concerning the proposed
279279 17 establishment or operation of the major ground water
280280 18 withdrawal facility must be held at the times, on the dates,
281281 19 and in the locations stated in the public notice provided under
282282 20 subdivision (1)(E). All of the public hearings must be held in
283283 21 the county described in subdivision (3)(A) and, if applicable,
284284 22 at least one (1) public hearing must be held in a city or town
285285 23 described in subdivision (3)(B). Each public hearing must be
286286 24 held in a public hearing facility suitable to accommodate all
287287 25 members of the public who might reasonably be expected to
288288 26 attend the public hearing. Representatives of the applicant or
289289 27 applicants seeking the issuance of the permit under this
290290 28 chapter must be present at the public hearings to answer
291291 29 questions from members of the public concerning the
292292 30 proposed establishment or operation of the major ground
293293 31 water withdrawal facility. The expenses of holding a public
294294 32 hearing under this subdivision shall be paid by the applicant
295295 33 or applicants seeking the issuance of the permit. An officer or
296296 34 employee of the division of hearings of the commission shall,
297297 35 on behalf of the commission, convene and moderate a public
298298 36 hearing held under this subdivision, record the testimony
299299 37 given, and receive written comments provided. A member of
300300 38 the public may do any of the following:
301301 39 (A) Attend a public hearing held under this subdivision
302302 40 concerning the proposed issuance of the permit.
303303 41 (B) Speak at the public hearing about the proposed
304304 42 issuance of the permit.
305305 2024 IN 249—LS 6875/DI 55 7
306306 1 (C) Submit:
307307 2 (i) to the officer or employee of the division of hearings
308308 3 of the commission who moderates a public hearing; or
309309 4 (ii) directly to the commission;
310310 5 written comments concerning the proposed issuance of the
311311 6 permit.
312312 7 At a public hearing held under this subdivision, any individual
313313 8 must be allowed an opportunity to be heard in the presence of
314314 9 others who are present to testify. However, the commission or
315315 10 the officer or employee of the division of hearings of the
316316 11 commission who moderates a public hearing may limit
317317 12 testimony at the public hearing to a reasonable time stated at
318318 13 the opening of the public hearing.
319319 14 (5) Before the first public hearing held under subdivision (4),
320320 15 a written feasibility study must be prepared concerning the
321321 16 proposed establishment or operation of the major ground
322322 17 water withdrawal facility. The feasibility study must include
323323 18 the following:
324324 19 (A) An assessment of the effect that the withdrawal of
325325 20 ground water by the major ground water withdrawal
326326 21 facility would have on the aquifer or aquifers from which
327327 22 the major ground water withdrawal facility would
328328 23 withdraw ground water.
329329 24 (B) A determination of what will happen to the ground
330330 25 water after it is withdrawn by the major ground water
331331 26 withdrawal facility, including:
332332 27 (i) how the water will be used;
333333 28 (ii) actions, processes, and technology that will be used to
334334 29 minimize the amount of water used, as through
335335 30 conservation or reclamation, or why the use of such
336336 31 actions, processes, and technology are impossible or not
337337 32 feasible; and
338338 33 (iii) what will be done with the water after it is used.
339339 34 (C) An assessment of how the withdrawal of ground water
340340 35 by the major ground water withdrawal facility would
341341 36 affect users of ground water from the aquifer or aquifers
342342 37 from which the major ground water withdrawal facility
343343 38 would withdraw ground water.
344344 39 (D) A determination of whether the natural replenishment
345345 40 of ground water in the aquifer or aquifers from which the
346346 41 major ground water withdrawal facility would withdraw
347347 42 ground water is likely to diminish due to the major ground
348348 2024 IN 249—LS 6875/DI 55 8
349349 1 water withdrawal facility.
350350 2 (E) An assessment of how the withdrawal of ground water
351351 3 by the major ground water withdrawal facility would
352352 4 affect the health and best interests of the public.
353353 5 (F) An evidence based forecast of whether the demand for
354354 6 ground water from the aquifer or aquifers from which the
355355 7 major ground water withdrawal facility would withdraw
356356 8 ground water is likely to increase in the future.
357357 9 (G) Based upon:
358358 10 (i) the assessments, determinations, and forecast of
359359 11 demand made under clauses (A) through (F);
360360 12 (ii) the need to maintain sufficient ground water for
361361 13 drinking, cooking, personal hygiene, clothes washing,
362362 14 and sanitation and waste disposal; and
363363 15 (iii) the objective of balancing demands upon ground
364364 16 water for agricultural use and for business and
365365 17 commercial uses;
366366 18 a determination of the maximum amount of ground water
367367 19 that the major ground water withdrawal facility should be
368368 20 allowed to withdraw from the aquifer or aquifers per year.
369369 21 The cost of preparing the feasibility study required under this
370370 22 subdivision shall be paid by the applicant or applicants
371371 23 seeking the issuance of the permit. The feasibility study must
372372 24 be prepared by an individual who is a water expert. The
373373 25 individual who prepares the feasibility study shall be
374374 26 compensated by the applicant or applicants seeking the
375375 27 issuance of the permit but may not be an employee, owner, or
376376 28 officer of an applicant seeking the issuance of the permit.
377377 29 (6) After the written feasibility study is prepared under
378378 30 subdivision (5) but before the first public hearing is held
379379 31 under subdivision (4), the feasibility study must be peer
380380 32 reviewed by an individual who is a water expert and is
381381 33 authorized by the commission to conduct the peer review of
382382 34 the feasibility study. The individual who conducts the peer
383383 35 review under this subdivision must not have been involved in
384384 36 the preparation of the feasibility study and must not be:
385385 37 (A) a partner of an individual; or
386386 38 (B) an employee of the same employer that employs an
387387 39 individual;
388388 40 who prepared the feasibility study. The individuals who
389389 41 conduct the peer review under this subdivision must
390390 42 determine whether the feasibility study's assessments,
391391 2024 IN 249—LS 6875/DI 55 9
392392 1 determinations, forecast of demand, and determination of the
393393 2 maximum amount that the major ground water withdrawal
394394 3 facility should be allowed to withdraw per year are
395395 4 reasonably supported by the information and scientific
396396 5 principles on which they are based. The cost of the peer
397397 6 review required under this subdivision shall be paid by the
398398 7 applicant or applicants seeking the issuance of the permit. The
399399 8 individual who conducts the peer review shall be compensated
400400 9 by the applicant or applicants seeking the issuance of the
401401 10 permit but may not be an employee, owner, or officer of an
402402 11 applicant seeking the issuance of the permit.
403403 12 (7) The written feasibility study required under subdivision
404404 13 (5) and the written results of the peer review required under
405405 14 subdivision (6):
406406 15 (A) must be published on the department's website before
407407 16 the date of the first public hearing held under subdivision
408408 17 (4); and
409409 18 (B) must remain accessible on the department's website for
410410 19 at least two (2) years after the decision of the commission
411411 20 whether to issue the permit.
412412 21 Sec. 9. (a) If an application for a permit to establish or operate
413413 22 a major ground water withdrawal facility under this chapter is
414414 23 submitted to the commission after June 30, 2024, the commission
415415 24 shall issue the permit if:
416416 25 (1) all of the prerequisites set forth in section 8 of this chapter
417417 26 are satisfied; and
418418 27 (2) the commission determines, based upon:
419419 28 (A) the information and comments presented through the
420420 29 public hearings held under section 8(4) of this chapter;
421421 30 (B) the contents of the written feasibility study prepared
422422 31 under section 8(5) of this chapter;
423423 32 (C) the written results of the peer review of the feasibility
424424 33 study conducted under section 8(6) of this chapter;
425425 34 (D) any analysis and recommendations provided to the
426426 35 commission by the department; and
427427 36 (E) the interpretation of the information described in
428428 37 clauses (A) through (D) by the members of the commission;
429429 38 that the establishment or operation of the major ground water
430430 39 withdrawal facility, if permitted, will fulfill the health,
431431 40 economic, environmental, and other needs of present and
432432 41 future generations of Indiana citizens, including Indiana
433433 42 citizens who reside or earn their living in the area of the
434434 2024 IN 249—LS 6875/DI 55 10
435435 1 aquifer or aquifers from which the major ground water
436436 2 withdrawal facility would withdraw ground water.
437437 3 (b) If:
438438 4 (1) the commission decides to issue a permit for a major
439439 5 ground water withdrawal facility; and
440440 6 (2) the individuals who conduct the peer review under section
441441 7 8(6) of this chapter determine that the maximum amount that
442442 8 the major ground water withdrawal facility should be allowed
443443 9 to withdraw and transfer per year, as set forth in the written
444444 10 feasibility study under section 8(5)(G) of this chapter, is
445445 11 reasonably supported by the information and scientific
446446 12 principles on which it is based;
447447 13 the permit issued by the commission must limit the maximum
448448 14 amount that the major ground water withdrawal facility may
449449 15 withdraw and transfer per year to the amount set forth in the
450450 16 written feasibility study under section 8(5)(G) of this chapter.
451451 17 Sec. 10. If the commission does not make a determination to
452452 18 issue or to deny a permit in response to an application described in
453453 19 section 8 of this chapter not later than ninety (90) days after the
454454 20 day on which the permit application was submitted to the
455455 21 commission, the commission shall report in writing to the general
456456 22 assembly the reason or reasons why the commission has not made
457457 23 a determination. A report made to the general assembly under this
458458 24 section must be submitted in an electronic format under IC 5-14-6.
459459 25 Sec. 11. If the area in which a major ground water withdrawal
460460 26 facility is located is designated by the department under
461461 27 IC 14-25-3-4 as a restricted use area, having obtained a permit for
462462 28 the major ground water withdrawal facility under this chapter:
463463 29 (1) exempts the owner or operator of the major ground water
464464 30 withdrawal facility from the requirement to obtain a permit
465465 31 from the department under IC 14-25-3-6; but
466466 32 (2) does not exempt the owner or operator of the major
467467 33 ground water withdrawal facility from:
468468 34 (A) the potential imposition by the department, under
469469 35 IC 14-25-3-9, of:
470470 36 (i) conditions or stipulations necessary to conserve the
471471 37 ground water of the restricted use area and prevent
472472 38 waste, exhaustion, or impairment of the ground water;
473473 39 or
474474 40 (ii) the requirement that ground water withdrawn in the
475475 41 restricted use area be returned to the ground through
476476 42 wells, pits, or spreading grounds;
477477 2024 IN 249—LS 6875/DI 55 11
478478 1 (B) the requirement under IC 14-25-3-11 to file with the
479479 2 department a certified statement of the average daily
480480 3 amount of ground water used before the area was
481481 4 designated as a restricted use area;
482482 5 (C) the requirement under IC 14-25-3-12 to file with the
483483 6 department a complete record of each new well drilled
484484 7 within a restricted use area;
485485 8 (D) the requirement under IC 14-25-3-14, if imposed by the
486486 9 department, to install a meter to measure ground water
487487 10 withdrawals in the restricted use area;
488488 11 (E) the requirement under IC 14-25-3-15(a), if imposed by
489489 12 the department, to return water to the ground in the
490490 13 restricted use area; or
491491 14 (F) the requirement under IC 14-25-3-15(c), if imposed by
492492 15 the department, to install controls necessary to diminish
493493 16 the amount of ground water withdrawn in the restricted
494494 17 use area by the major ground water withdrawal facility.
495495 18 Sec. 12. If the director, under IC 14-25-4-10, declares a ground
496496 19 water emergency in the area in which a major ground water
497497 20 withdrawal facility is located, having obtained a permit for the
498498 21 major ground water withdrawal facility under this chapter does
499499 22 not exempt the owner or operator of the major ground water
500500 23 withdrawal facility from:
501501 24 (1) a restriction, if imposed by the director under
502502 25 IC 14-25-4-12, of the quantity of ground water that may be
503503 26 extracted by the major ground water withdrawal facility;
504504 27 (2) a requirement, if imposed under IC 14-25-4, to provide
505505 28 timely and reasonable compensation to the owner of a
506506 29 nonsignificant ground water withdrawal facility or significant
507507 30 ground water withdrawal facility for causing the
508508 31 nonsignificant ground water withdrawal facility or significant
509509 32 ground water withdrawal facility to fail to furnish potable
510510 33 water or to fail to furnish the supply of water it normally
511511 34 furnishes; or
512512 35 (3) a requirement, if imposed by the director under
513513 36 IC 14-25-4-20, to temporarily provide an adequate supply of
514514 37 potable water to owners of nonsignificant ground water
515515 38 withdrawal facilities affected by the ground water emergency.
516516 39 Sec. 13. An action of the commission to issue or deny a permit
517517 40 under this chapter is subject to judicial review under IC 4-21.5-5.
518518 41 Sec. 14. (a) A major ground water withdrawal facility permit
519519 42 issued by the commission under this chapter must include a
520520 2024 IN 249—LS 6875/DI 55 12
521521 1 condition requiring the permit holder to regularly monitor the
522522 2 aquifer or aquifers from which the major ground water
523523 3 withdrawal facility withdraws ground water.
524524 4 (b) The condition included in a permit under this section must
525525 5 require the use of one (1) or more of the following:
526526 6 (1) Monitoring wells that:
527527 7 (A) measure an aquifer's water level directly; or
528528 8 (B) measure pore pressure in the aquifer, allowing an
529529 9 inference of the ground water level.
530530 10 (2) Satellite data indicating changes in surface features
531531 11 resulting from changes in ground water levels.
532532 12 (3) Analysis of seismic wave velocities to calculate changes in
533533 13 ground water levels.
534534 14 (c) The permit holder shall report the data obtained under
535535 15 subsection (b) to the department:
536536 16 (1) at intervals; and
537537 17 (2) in a form and format;
538538 18 determined by the department to ensure that the effects of the
539539 19 major ground water withdrawal facility on the aquifer or aquifers
540540 20 are continuously monitored.
541541 21 (d) The reports made to the department under subsection (c) are
542542 22 public records subject to IC 5-14-3.
543543 23 (e) The duty of a permit holder to report under subsection (c) is
544544 24 in addition to the duty to report the amounts of ground water
545545 25 withdrawn by the major ground water withdrawal facility under
546546 26 IC 14-25-7-15(e).
547547 27 Sec. 15. The commission may adopt rules under IC 4-22-2 that
548548 28 are necessary to administer this chapter.
549549 29 Sec. 16. (a) This chapter does not in any way supersede or affect
550550 30 the Great Lakes—St. Lawrence River Basin Water Resources
551551 31 Compact under IC 14-25-15-1 or any:
552552 32 (1) restrictions, obligations, powers, rights, duties,
553553 33 prohibitions, immunities, privileges, organizations, or
554554 34 procedures established;
555555 35 (2) actions taken; or
556556 36 (3) supplemental or concurring legislation enacted or rules
557557 37 adopted;
558558 38 under the Great Lakes—St. Lawrence River Basin Water
559559 39 Resources Compact under IC 14-25-15-1.
560560 40 (b) This chapter does not:
561561 41 (1) apply to a ground water withdrawal from; or
562562 42 (2) authorize the diversion of water from;
563563 2024 IN 249—LS 6875/DI 55 13
564564 1 the drainage basin of the Great Lakes.
565565 2 SECTION 7. IC 14-25-4-2.8 IS ADDED TO THE INDIANA CODE
566566 3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
567567 4 1, 2024]: Sec. 2.8. As used in this chapter, "major ground water
568568 5 withdrawal facility" has the meaning set forth in IC 14-25-3.5-4.
569569 6 SECTION 8. IC 14-25-4-8 IS AMENDED TO READ AS
570570 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Within
571571 8 twenty-four (24) hours after receiving a written complaint from the
572572 9 owner of a nonsignificant ground water withdrawal facility that a water
573573 10 well on property in the owner's possession the nonsignificant ground
574574 11 water withdrawal facility has:
575575 12 (1) failed to furnish the well's normal supply of water; or
576576 13 (2) failed to furnish potable water;
577577 14 the director shall cause an onsite investigation to be made.
578578 15 (b) Within twenty-four (24) hours after receiving a written
579579 16 complaint from the owner of a significant ground water
580580 17 withdrawal facility located not more than ten (10) miles from a
581581 18 major ground water withdrawal facility stating that the significant
582582 19 ground water withdrawal facility has:
583583 20 (1) failed to furnish the supply of water it normally furnishes;
584584 21 or
585585 22 (2) failed to furnish potable water;
586586 23 the director shall cause an onsite investigation to be made.
587587 24 SECTION 9. IC 14-25-4-9 IS AMENDED TO READ AS
588588 25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. If an investigation
589589 26 conducted under section 8 of this chapter discloses:
590590 27 (1) that the well nonsignificant ground water withdrawal
591591 28 facility to which section 8(a) of this chapter applies or the
592592 29 significant ground water withdrawal facility to which section
593593 30 8(b) of this chapter applies has:
594594 31 (A) failed to furnish the well's its normal supply of water; or
595595 32 (B) based upon reasonable evidence of prior potability
596596 33 supplied by the owner, failed to furnish potable water;
597597 34 (2) that there has been a substantial lowering of the level of
598598 35 ground water in the area that has resulted in the failure of the well
599599 36 nonsignificant ground water withdrawal facility or significant
600600 37 ground water withdrawal facility to:
601601 38 (A) furnish the well's normal supply of water it normally
602602 39 furnishes; or
603603 40 (B) furnish potable water, if the failure is caused by natural
604604 41 variations in the potability of water in the source aquifer;
605605 42 (3) that the well nonsignificant ground water withdrawal
606606 2024 IN 249—LS 6875/DI 55 14
607607 1 facility or significant ground water withdrawal facility and the
608608 2 well's its equipment were functioning properly at the time of the
609609 3 failure;
610610 4 (4) that the failure of the well nonsignificant ground water
611611 5 withdrawal facility or significant ground water withdrawal
612612 6 facility was caused by the lowering of the ground water level in
613613 7 the area;
614614 8 (5) that the lowering of the ground water level is such that the
615615 9 ground water level:
616616 10 (A) exceeds normal seasonal water level fluctuations; and
617617 11 (B) substantially impairs continued use of the ground water
618618 12 resource in the area; and
619619 13 (6) that the lowering of the ground water level was caused by at
620620 14 least one (1) significant ground water withdrawal facility or
621621 15 major ground water withdrawal facility;
622622 16 the director shall, by temporary order, declare a ground water
623623 17 emergency.
624624 18 SECTION 10. IC 14-25-4-10 IS AMENDED TO READ AS
625625 19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. If the director has
626626 20 reasonable evidence that indicates that continued ground water
627627 21 withdrawals from a significant ground water withdrawal facility or
628628 22 major ground water withdrawal facility will exceed the recharge
629629 23 capability of the ground water resource of the area, the director shall,
630630 24 by temporary order, declare a ground water emergency.
631631 25 SECTION 11. IC 14-25-4-12 IS AMENDED TO READ AS
632632 26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) Except as
633633 27 provided in subsection (b), the director may restrict the quantity of
634634 28 ground water that may be extracted from the source aquifer by a
635635 29 significant ground water withdrawal facility or major ground water
636636 30 withdrawal facility when the director declares a ground water
637637 31 emergency under section 9 or 10 of this chapter if:
638638 32 (1) the:
639639 33 (A) significant ground water withdrawal facility or major
640640 34 ground water withdrawal facility is reasonably believed to
641641 35 have caused the failure of the complainant's water well;
642642 36 nonsignificant ground water withdrawal facility or
643643 37 significant ground water withdrawal facility; and
644644 38 (B) immediate temporary provision of an adequate supply of
645645 39 potable water required under sections 18(1) and 20(a) of this
646646 40 chapter is not carried out; or
647647 41 (2) there is a reasonable belief that continued ground water
648648 42 withdrawals from by the significant ground water withdrawal
649649 2024 IN 249—LS 6875/DI 55 15
650650 1 facility or major ground water withdrawal facility will exceed
651651 2 the recharge capability of the ground water resource of the area.
652652 3 (b) If an the operator of a the significant ground water withdrawal
653653 4 facility or major ground water withdrawal facility withdraws water
654654 5 by a means other than pumping, the director may temporarily restrict
655655 6 the quantity of ground water that may be extracted from the source
656656 7 aquifer by the significant ground water withdrawal facility or
657657 8 major ground water withdrawal facility only if the provisions of
658658 9 subsection (a)(1) have not been met.
659659 10 SECTION 12. IC 14-25-4-14, AS AMENDED BY P.L.32-2011,
660660 11 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
661661 12 JULY 1, 2024]: Sec. 14. (a) A declaration of a ground water emergency
662662 13 under this chapter is effective when a copy of a declaration is served
663663 14 under IC 4-21.5-3-1 upon a person who owns the significant ground
664664 15 water withdrawal facility or major ground water withdrawal facility
665665 16 that is reasonably believed to have caused the failure of the
666666 17 complainant's water well. nonsignificant ground water withdrawal
667667 18 facility or significant ground water withdrawal facility.
668668 19 (b) As soon as possible after a declaration of a ground water
669669 20 emergency has been made, copies of the declaration shall be given to
670670 21 the newspapers of general circulation located in the affected county.
671671 22 The notification to newspapers required by this subsection:
672672 23 (1) is in addition to the minimum procedural duties required of
673673 24 the department under IC 4-21.5; and
674674 25 (2) does not satisfy service of process by publication under
675675 26 IC 4-21.5-3-1(f).
676676 27 (c) If the a ground water emergency declared under this chapter
677677 28 requires action before service can be completed under subsection (a),
678678 29 oral notification in person by a representative of the department and
679679 30 authorized by the director is sufficient until service as described in
680680 31 subsection (a) can be completed. Oral notification provided under
681681 32 this subsection is effective for not more than ninety-six (96) hours.
682682 33 SECTION 13. IC 14-25-4-17 IS AMENDED TO READ AS
683683 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. The owner of a
684684 35 significant ground water withdrawal facility shall, subject to an order
685685 36 issued under section 20 of this chapter, or under IC 13-2-2.5-11 (before
686686 37 its repeal), provide timely and reasonable compensation to persons who
687687 38 own the owner of an affected nonsignificant ground water withdrawal
688688 39 facilities facility if: there is failure or substantial impairment of those
689689 40 facilities as set forth in section 8 of this chapter if both of the following
690690 41 conditions exist:
691691 42 (1) the affected nonsignificant ground water withdrawal
692692 2024 IN 249—LS 6875/DI 55 16
693693 1 facility:
694694 2 (A) has failed to furnish the supply of water it normally
695695 3 furnishes; or
696696 4 (B) has failed to furnish potable water; and
697697 5 (2) both of the following conditions are met:
698698 6 (A) A determination is made under this chapter that (1) the
699699 7 failure or substantial impairment existence of either of the
700700 8 conditions set forth in subdivision (1) was caused by the
701701 9 ground water withdrawals of the significant ground water
702702 10 withdrawal facility.
703703 11 (2) Either: (A) (B) The affected nonsignificant ground water
704704 12 withdrawal facility:
705705 13 (i) was in existence before January 1, 1986; or (B) if
706706 14 constructed after December 31, 1985, the facility conforms
707707 15 to the rules of the department issued under section 13 of this
708708 16 chapter.
709709 17 (ii) Water wells if constructed after December 31, 1985, but
710710 18 before the adoption of rules under this chapter, must
711711 19 conform conforms to the Recommended Guidelines of the
712712 20 department in Information Bulletin No. 3 published at 9 IR
713713 21 1242; or
714714 22 (iii) if constructed after the adoption of rules under
715715 23 section 13 of this chapter, conforms to those rules.
716716 24 SECTION 14. IC 14-25-4-17.5 IS ADDED TO THE INDIANA
717717 25 CODE AS A NEW SECTION TO READ AS FOLLOWS
718718 26 [EFFECTIVE JULY 1, 2024]: Sec. 17.5. The owner of a major
719719 27 ground water withdrawal facility shall, subject to an order issued
720720 28 under section 20 of this chapter, provide timely and reasonable
721721 29 compensation to the owner of a nonsignificant ground water
722722 30 withdrawal facility or significant ground water withdrawal facility
723723 31 if:
724724 32 (1) the nonsignificant ground water withdrawal facility or
725725 33 significant ground water withdrawal facility has:
726726 34 (A) failed to furnish the supply of water it normally
727727 35 furnishes; or
728728 36 (B) failed to furnish potable water; and
729729 37 (2) both of the following conditions are met:
730730 38 (A) A determination is made under this chapter that the
731731 39 existence of either of the conditions set forth in subdivision
732732 40 (1) was caused by the ground water withdrawals of the
733733 41 major ground water withdrawal facility.
734734 42 (B) The affected nonsignificant ground water withdrawal
735735 2024 IN 249—LS 6875/DI 55 17
736736 1 facility or significant ground water withdrawal facility:
737737 2 (i) was in existence before January 1, 1986;
738738 3 (ii) if constructed after December 31, 1985, but before
739739 4 the adoption of rules under this chapter, conforms to the
740740 5 Recommended Guidelines of the department in
741741 6 Information Bulletin No. 3 published at 9 IR 1242; or
742742 7 (iii) if constructed after the adoption of rules under
743743 8 section 13 of this chapter, conforms to those rules.
744744 9 SECTION 15. IC 14-25-4-18 IS AMENDED TO READ AS
745745 10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 18. Timely and
746746 11 reasonable compensation, under section for the purposes of sections
747747 12 17, 17.5, and 19 of this chapter, consists of and is limited to the
748748 13 following:
749749 14 (1) The immediate temporary provision at the prior point of use
750750 15 of an adequate supply of potable water.
751751 16 (2) Reimbursement of expenses reasonably incurred by the
752752 17 complainant to do the following:
753753 18 (A) Obtain an immediate temporary provision at the prior
754754 19 point of use of an adequate supply of potable water.
755755 20 (B) Provide timely and reasonable compensation as provided
756756 21 in subdivision (3)(A) and (3)(B).
757757 22 (3) Either:
758758 23 (A) the restoration of the affected nonsignificant ground water
759759 24 withdrawal facility to the facility's former relative capability;
760760 25 (B) the permanent provision at the point of use of an
761761 26 alternative potable supply of equal quantity; or
762762 27 (C) the permanent restriction or scheduling of the ground
763763 28 water withdrawals of the significant ground water withdrawal
764764 29 facility so that the affected water well continues to produce:
765765 30 (i) the well's normal supply of water; or
766766 31 (ii) the normal supply of potable water if the well normally
767767 32 furnishes potable water.
768768 33 SECTION 16. IC 14-25-4-19 IS AMENDED TO READ AS
769769 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 19. (a) The refusal of
770770 35 an owner of an affected nonsignificant ground water withdrawal facility
771771 36 or significant ground water withdrawal facility to accept timely and
772772 37 reasonable compensation provided or offered under section 17 or
773773 38 17.5 of this chapter is sufficient grounds for the department to
774774 39 terminate an order imposed on a responsible significant ground water
775775 40 withdrawal facility or major ground water withdrawal facility
776776 41 under section 20 of this chapter.
777777 42 (b) An owner of a nonsignificant ground water withdrawal
778778 2024 IN 249—LS 6875/DI 55 18
779779 1 facility or significant ground water withdrawal facility may request
780780 2 a hearing under IC 4-21.5 if the owner does not believe that
781781 3 compensation was provided under section 17 or 17.5 of this chapter
782782 4 is timely or reasonable.
783783 5 SECTION 17. IC 14-25-4-20 IS AMENDED TO READ AS
784784 6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. (a) Upon the
785785 7 declaration of a ground water emergency under section 9 of this
786786 8 chapter, the director shall, by temporary order, require the immediate
787787 9 temporary provision at the prior point of use of an adequate supply of
788788 10 potable water. A temporary order declaring a ground water
789789 11 emergency under section 9 or 10 of this chapter remains in effect for
790790 12 ninety (90) days unless:
791791 13 (1) terminated by the director before the expiration of ninety (90)
792792 14 days; or
793793 15 (2) extended under IC 4-21.5-4-5(b) during the pendency of a
794794 16 proceeding concerning the provision of timely and reasonable
795795 17 compensation under section 18(2) and 18(3) of this chapter.
796796 18 (b) The commission shall implement require the provision of
797797 19 timely and reasonable compensation under section 18(2) and 18(3)
798798 20 of this chapter by order. Before the commission enters an initial
799799 21 determination of the order, the department shall conduct an
800800 22 investigation and provide affected persons with an informal opportunity
801801 23 to contribute to the investigation. All final orders of the commission
802802 24 under this subsection shall be issued under IC 4-21.5-3.
803803 2024 IN 249—LS 6875/DI 55