§ 14-25-4-12 — Restrictions on withdrawal of ground water

(a) Except as provided in subsection (b), the
director may restrict the quantity of ground water that may be extracted
from a significant ground water withdrawal facility when the director
declares a ground water emergency under section 9 or 10 of this
chapter if:
(1) the:
(A) facility is reasonably believed to have caused the failure of
the complainant's water well; and
(B) immediate temporary provision of an adequate supply of
potable water required under sections 18(1) and 20(a) of this
chapter is not carried out; or
(2) there is a reasonable belief that continued ground water
withdrawals from the facility will exceed the recharge capability
of the ground water resource of the area.
(b) If an operator of a significant ground water withdrawal facility
withdraws water by a means other than pumping, the director may
temporarily restrict the quantity of ground water that may be extracted
only if the provisions of subsection (a)(1) have not been met.
[Pre-1995 Recodification Citation: 13-2-2.5-3.5(b),
(c).]

Legislative History

As added by P.L.1-1995, SEC.18.