§ 14-25-4-14 — Ground water emergency; when effective; notice

Indiana § 14-25-4-14

• Jurisdiction: Indiana
• Art. 25: WATER RIGHTS AND RESOURCES
• Ch. 4: Emergency Regulation of Ground Water Rights

Text

(a) A declaration of a ground water
emergency under this chapter is effective when a copy of a declaration
is served under IC 4-21.5-3-1 upon a person who owns the significant
ground water withdrawal facility that is reasonably believed to have
caused the failure of the complainant's water well.
(b) As soon as possible after a declaration of a ground water
emergency has been made, copies of the declaration shall be given to
the newspapers of general circulation located in the affected county.
The notification to newspapers required by this subsection is in
addition to the minimum procedural duties required of the department
under IC 4-21.5 and does not satisfy service of process by publication
under IC 4-21.5-3-1(f).
(c) If the emergency requires action before service can be completed
under subsection (a), oral notification in person by a representative of
the department and authorized by the director is sufficient until service
can be completed. Oral notification is effective for not more than
ninety-six (96) hours.
[Pre-1995 Recodification Citation: 13-2-2.5-6.]

Legislative History

As added by P.L.1-1995, SEC.18. Amended by P.L.32-2011, SEC.8.