§ 14-25-5-10 — Financial responsibility bonds; filing

Indiana § 14-25-5-10

• Jurisdiction: Indiana
• Art. 25: WATER RIGHTS AND RESOURCES
• Ch. 5: Emergency Regulation of Surface Water Rights

Text

(a) Except as provided under subsection (b),
the operator of a significant water withdrawal facility may obtain relief
from a temporary order issued under section 7 of this chapter or under
IC 13-2-2.6-10 (before its repeal) by filing with the director a financial
responsibility bond in an amount not:
(1) less than one thousand dollars ($1,000); or
(2) more than ten thousand dollars ($10,000);
for each acre contained in the freshwater lake. The aggregate amount
of financial responsibility bond that may be assessed on the operator of
a significant water withdrawal facility may not exceed fifty thousand
dollars ($50,000).
(b) The director may not allow a significant water withdrawal
facility to file a financial responsibility bond under subsection (a) if the
department determines that a freshwater lake or an adjacent property
contains an extraordinary or a unique natural resource that is likely to
be irreparably damaged as a result of the lowering of the freshwater
lake. The burden of proof to establish the presence of an extraordinary
or a unique natural resource rests with the department.
[Pre-1995 Recodification Citation: 13-2-2.6-13(a),
(b).]

Legislative History

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