§ 14-25-4-17 — Right to compensation for impairment

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 another person who owns a significant
ground water withdrawal facility or nonsignificant ground water
withdrawal facility if there is failure or substantial impairment of those
facilities as set forth in section 8 of this chapter if the following
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.
[Pre-1995 Recodification Citation: 13-2-2.5-10(a).]

Legislative History

As added by P.L.1-1995, SEC.18. Amended by P.L.71-2025, SEC.2.