First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 28
AN ACT to amend the Indiana Code concerning natural and cultural
resources.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 14-25-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. Within:
(1) twenty-four (24) hours after receiving a written complaint
from the owner of a nonsignificant ground water withdrawal
facility; or
(2) three (3) business days 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.
SECTION 2. IC 14-25-4-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. The owner of a
significant ground water withdrawal facility shall, subject to an order
issued under section 20 of this chapter or under IC 13-2-2.5-11 (before
its repeal), provide timely and reasonable compensation to persons
another person who own owns a significant ground water
withdrawal facility or nonsignificant ground water withdrawal
facilities facility if there is failure or substantial impairment of those
facilities as set forth in section 8 of this chapter if both of the following
SEA 28 — Concur 2
conditions exist:
(1) The failure or substantial impairment was caused by the
ground water withdrawals of the owner's significant ground water
withdrawal facility.
(2) In the case of an affected nonsignificant ground water
withdrawal facility, either:
(A) the affected nonsignificant ground water withdrawal
facility was in existence before January 1, 1986; or
(B) if constructed after December 31, 1985, the facility
conforms to the rules of the department issued under section
13 of this chapter. Water wells constructed after December 31,
1985, but before the adoption of rules under this chapter must
conform to the Recommended Guidelines of the department in
Information Bulletin No. 3 published at 9 IR 1242.
SECTION 3. IC 14-25-4-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. Timely and
reasonable compensation under section 17 of this chapter consists of
and is limited to the following:
(1) The immediate temporary provision at the prior point of use
of an adequate supply of potable water.
(2) Reimbursement of expenses reasonably incurred by the
complainant to do the following:
(A) Obtain an immediate temporary provision at the prior
point of use of an adequate supply of potable water.
(B) Provide timely and reasonable compensation as provided
in subdivision (3)(A) and (3)(B).
(3) Either:
(A) the restoration of the affected nonsignificant ground water
withdrawal facility or significant ground water withdrawal
facility to the facility's former relative capability;
(B) the permanent provision at the point of use of an
alternative potable supply of equal quantity; or
(C) the permanent restriction or scheduling of the ground
water withdrawals of the significant ground water withdrawal
facility so that the affected water well continues to produce:
(i) the well's normal supply of water; or
(ii) the normal supply of potable water if the well normally
furnishes potable water.
SECTION 4. IC 14-25-4-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 19. The refusal of an
owner of an affected nonsignificant ground water withdrawal facility
or significant ground water withdrawal facility to accept timely and
SEA 28 — Concur 3
reasonable compensation is sufficient grounds for the department to
terminate an order imposed on a responsible significant ground water
withdrawal facility. An owner may request a hearing under IC 4-21.5
if the owner does not believe compensation was timely or reasonable.
SECTION 5. IC 14-25-4-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. (a) An owner of a
new nonsignificant ground water withdrawal facility who desires to
receive the protection of this chapter must construct the facility to
conform to the rules adopted under section 13 of this chapter.
(b) An owner of a new significant ground water withdrawal
facility who desires to receive the protection of this chapter must
construct the new significant ground water withdrawal facility to
conform to rules addressing significant ground water withdrawal
facilities adopted under section 13 of this chapter.
(b) (c) Before a licensed water well drilling contractor or plumbing
contractor drills and equips a ground water withdrawal facility for a
person, the contractor must advise the person of the provisions of this
chapter.
SEA 28 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 28 — Concur