*SB0028.2*
February 7, 2025
SENATE BILL No. 28
_____
DIGEST OF SB 28 (Updated February 6, 2025 10:27 am - DI 120)
Citations Affected: IC 14-25.
Synopsis: Ground water emergencies. Allows the owner or operator
of a significant ground water withdrawal facility to file a complaint
with the director of the department of natural resources (director) that
a water well on the property of the owner of the significant ground
water withdrawal facility failed to furnish the well's normal supply of
water or failed to furnish potable water. Requires the director to launch
an investigation into a complaint of a well failure from a significant
ground water withdrawal facility within five to seven business days of
the director receiving the complaint.
Effective: July 1, 2025.
Glick, Koch, Byrne, Bassler, Leising,
Doriot, Donato
January 8, 2025, read first time and referred to Committee on Utilities.
January 30, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
February 6, 2025, amended, reported favorably — Do Pass.
SB 28—LS 6232/DI 150 February 7, 2025
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
SENATE BILL No. 28
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 14-25-4-8 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. Within:
3 (1) twenty-four (24) hours after receiving a written complaint
4 from the owner of a nonsignificant ground water withdrawal
5 facility; or
6 (2) five (5) to seven (7) business days after receiving a written
7 complaint from the owner or operator of a significant ground
8 water withdrawal facility;
9 that a water well on property in the owner's possession has
10 (1) failed to furnish the well's normal supply of water or
11 (2) failed to furnish potable water, the director shall cause an
12 onsite investigation to be made.
13 SECTION 2. IC 14-25-4-17 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. The owner of a
15 significant ground water withdrawal facility shall, subject to an order
16 issued under section 20 of this chapter or under IC 13-2-2.5-11 (before
17 its repeal), provide timely and reasonable compensation to persons
SB 28—LS 6232/DI 150 2
1 another person who own owns a significant ground water
2 withdrawal facility or nonsignificant ground water withdrawal
3 facilities facility if there is failure or substantial impairment of those
4 facilities as set forth in section 8 of this chapter if both of the following
5 conditions exist:
6 (1) The failure or substantial impairment was caused by the
7 ground water withdrawals of the significant ground water
8 withdrawal facility.
9 (2) In the case of an affected nonsignificant ground water
10 withdrawal facility, either:
11 (A) the affected nonsignificant ground water withdrawal
12 facility was in existence before January 1, 1986; or
13 (B) if constructed after December 31, 1985, the facility
14 conforms to the rules of the department issued under section
15 13 of this chapter. Water wells constructed after December 31,
16 1985, but before the adoption of rules under this chapter must
17 conform to the Recommended Guidelines of the department in
18 Information Bulletin No. 3 published at 9 IR 1242.
19 SECTION 3. IC 14-25-4-18 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. Timely and
21 reasonable compensation under section 17 of this chapter consists of
22 and is limited to the following:
23 (1) The immediate temporary provision at the prior point of use
24 of an adequate supply of potable water.
25 (2) Reimbursement of expenses reasonably incurred by the
26 complainant to do the following:
27 (A) Obtain an immediate temporary provision at the prior
28 point of use of an adequate supply of potable water.
29 (B) Provide timely and reasonable compensation as provided
30 in subdivision (3)(A) and (3)(B).
31 (3) Either:
32 (A) the restoration of the affected nonsignificant ground water
33 withdrawal facility or significant ground water withdrawal
34 facility to the facility's former relative capability;
35 (B) the permanent provision at the point of use of an
36 alternative potable supply of equal quantity; or
37 (C) the permanent restriction or scheduling of the ground
38 water withdrawals of the significant ground water withdrawal
39 facility so that the affected water well continues to produce:
40 (i) the well's normal supply of water; or
41 (ii) the normal supply of potable water if the well normally
42 furnishes potable water.
SB 28—LS 6232/DI 150 3
1 SECTION 4. IC 14-25-4-19 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 19. The refusal of an
3 owner of an affected nonsignificant ground water withdrawal facility
4 or significant ground water withdrawal facility to accept timely and
5 reasonable compensation is sufficient grounds for the department to
6 terminate an order imposed on a responsible significant ground water
7 withdrawal facility. An owner may request a hearing under IC 4-21.5
8 if the owner does not believe compensation was timely or reasonable.
9 SECTION 5. IC 14-25-4-21 IS AMENDED TO READ AS
10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. (a) An owner of a
11 new nonsignificant ground water withdrawal facility who desires to
12 receive the protection of this chapter must construct the facility to
13 conform to the rules adopted under section 13 of this chapter.
14 (b) An owner of a new significant ground water withdrawal
15 facility who desires to receive the protection of this chapter must
16 construct the new significant ground water withdrawal facility to
17 conform to rules addressing significant ground water withdrawal
18 facilities adopted under section 13 of this chapter.
19 (b) (c) Before a licensed water well drilling contractor or plumbing
20 contractor drills and equips a ground water withdrawal facility for a
21 person, the contractor must advise the person of the provisions of this
22 chapter.
SB 28—LS 6232/DI 150 4
COMMITTEE REPORT
Mr. President: The Senate Committee on Utilities, to which was
referred Senate Bill No. 28, has had the same under consideration and
begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 1, delete lines 1 through 17.
Page 2, delete lines 1 through 10.
Page 2, line 15, after "facility;" insert "or".
Page 2, between lines 15 and 16, begin a new line block indented
and insert:
"(2) seventy-two (72) hours after receiving a written
complaint from the owner or operator of a significant ground
water withdrawal facility;
that a water well on property in the owner's possession has
(1) failed to furnish the well's normal supply of water or
(2) failed to furnish potable water, the director shall cause an
onsite investigation to be made.".
Page 2, delete lines 16 through 42.
Page 3, delete lines 1 through 9.
Page 3, line 11, after "17." delete "(a) Except as".
Page 3, line 12, delete "provided in subsection (b), the" and insert
"The".
Page 3, delete lines 33 through 42.
Page 4, delete lines 1 through 7.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 28 as introduced.)
KOCH, Chairperson
Committee Vote: Yeas 11, Nays 0.
SB 28—LS 6232/DI 150 5
COMMITTEE REPORT
Mr. President: The Senate Committee on Appropriations, to which
was referred Senate Bill No. 28, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 1, line 6, delete "seventy-two (72) hours" and insert "five (5)
to seven (7) business days".
and when so amended that said bill do pass.
(Reference is to SB 28 as printed January 31, 2025.)
MISHLER, Chairperson
Committee Vote: Yeas 13, Nays 0.
SB 28—LS 6232/DI 150