§ 36-9-22.5-6 — Installation of water service line through a unit's right-of-way to connect to another unit's waterworks

Indiana § 36-9-22.5-6

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 22.5: Use of Right-of-Way for Sewer and Water

Text

(a) This section applies if the owner of a lot,
parcel of real property, or building seeks to install (or to cause to be
installed) a water service line or other infrastructure for the delivery of
water utility service to the owner's lot, parcel of real property, or
building:
(1) in or through a public right-of-way owned or controlled by a
unit; and
(2) for the purpose of connecting the owner's lot, parcel of real
property, or building to a waterworks that is owned or operated by
a water utility other than a water utility owned or operated by the
unit;
regardless of whether the proposed installation will be accomplished
by excavation, directional boring, or any other commonly used method
of installation.
(b) An owner may not install a water service line or other
infrastructure as described in subsection (a) unless:
(1) the water utility that owns or operates the waterworks executes
a service agreement with the owner of the lot, parcel, or building;
(2) the water service line or other infrastructure does not extend
outside the regulated territory, if any, in which the property is
located; and
(3) the owner obtains all permits and approvals that are required
by the state and the unit in which the lot, parcel, or building is
located for installation of the water service line or other
infrastructure.
(c) This subsection does not apply to the Indiana department of
transportation with respect to any right-of-way owned or controlled by
the department. A unit may not prohibit the installation of a water
service line or other infrastructure as described in subsection (a) in or
through a public right-of-way owned or controlled by the unit if the
following conditions are met:
(1) The lot, parcel of real property, or building that the property
owner seeks to connect to a waterworks is served by a private
water well.
(2) The property owner submits before the installation of the
water service line or other infrastructure, and not later than the
date of application for all necessary construction or other permits
required for the project, a signed statement agreeing to do the
following:
(A) Abandon and plug the property owner's existing well in
accordance with IC 25-39-2-14 and rules adopted under IC 25-39.
(B) Restore or repair all public or private property damaged in
carrying out the installation described in subsection (a) and to
place the property in the property's original condition as nearly
as practicable, in accordance with the requirements of the unit
that owns or controls the right-of-way, regardless of whether the
restoration or repair will be undertaken or performed by the
property owner, by the owner or operator of the waterworks to
which the property is to be connected, or by some other party.

Legislative History

As added by P.L.150-2019, SEC.2.