§ 14-25-15-10 — Standard for determination of adverse impacts of water withdrawals

(a) The criterion of section 4.11.2 of the
compact is met only if the withdrawal or consumptive use will be
implemented so as to ensure that the proposal will result in no
significant individual or cumulative adverse impacts to the quantity or
quality of the waters and water dependent natural resources of either:
(1) The basin considered as a whole; or
(2) The Lake Michigan or Lake Erie watershed considered as a
whole.
(b) Impacts of a withdrawal or consumptive use on the quantity or
quality of waters and water dependent natural resources of more
localized areas that affect less than:
(1) the basin considered as a whole; or
(2) the Lake Michigan or Lake Erie watershed considered as a
whole;
are considered a part of the evaluation of reasonable use under section
4.11.5 of the compact.
(c) When determining whether there will be significant individual
or cumulative adverse impacts under this section:
(1) consideration shall be given to the impacts incurred in a
particular tributary or stream reach where those impacts are
important to:
(A) the basin; or
(B) the Lake Michigan or Lake Erie watershed as a whole; and
(2) a judgment shall be made of the nature, degree, scope, and
materiality of the impacts and the regional importance of those
impacts to:
(A) the basin; and
(B) the Lake Michigan or Lake Erie watershed.

Legislative History

As added by P.L.4-2008, SEC.5.