§ 14-25-15-12 — Baseline determinations; investigation required; notice to facility owner; standing for administrative adjudication

Indiana § 14-25-15-12

• Jurisdiction: Indiana
• Art. 25: WATER RIGHTS AND RESOURCES
• Ch. 15: Great Lakes—St. Lawrence River Basin Water

Text

(a) This section governs any status
determination of a baseline under section 4.12.2 of the compact for
each of the following from the Indiana portion of the basin:
(1) The total withdrawal capability registered under IC 14-25-7-15(c)(3) is deemed the existing withdrawal approval
amount for section 4.12.2.a.i of the compact.
(2) A consumptive use attributable to a facility described in IC 14-25-7-15(a)(1).
(3) A facility that diverts water outside the basin.
(b) The department shall make each determination required under
subsection (a) following an investigation. Before completing the
investigation, the department shall:
(1) inform the owner of the facility of the amount of any proposed
baseline; and
(2) provide the owner with a period of at least thirty (30) days to
offer documentation the owner believes would properly modify
the proposed baseline amount.
(c) The department shall provide notice under IC 4-21.5-3-5 of a
status determination under this section to the owner of the facility for
which the determination is made.
(d) The owner of a facility for which a status determination is made
under this section is the only person with standing to seek an
administrative adjudication of the determination under IC 4-21.5.

Legislative History

As added by P.L.4-2008, SEC.5. Amended by P.L.92-2025, SEC.39.