§ 14-25-4-9 — Ground water emergency; based on investigation

If an investigation under section 8 of this
chapter discloses:
(1) that the well has:
(A) failed to furnish the well's normal supply of water; or
(B) based upon reasonable evidence of prior potability supplied
by the owner, failed to furnish potable water;
(2) that there has been a substantial lowering of the level of
ground water in the area that has resulted in the failure of the well
to:
(A) furnish the well's normal supply of water; or
(B) furnish potable water if the failure is caused by natural
variations in the potability of water in the source aquifer;
(3) that the well and the well's equipment were functioning
properly at the time of the failure;
(4) that the failure of the well was caused by the lowering of the
ground water level in the area;
(5) that the lowering of the ground water level is such that the
ground water level:
(A) exceeds normal seasonal water level fluctuations; and
(B) substantially impairs continued use of the ground water
resource in the area; and
(6) that the lowering of the ground water level was caused by at
least one (1) significant ground water withdrawal facility;
the director shall, by temporary order, declare a ground water
emergency.
[Pre-1995 Recodification Citation: 13-2-2.5-3(b).]

Legislative History

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