CHAPTER 6. WATER RIGHTS; POTABLE WATER
IC 14-25-6
Chapter 6. Water Rights; Potable Water
IC 14-25-6-1
Reduction of flow from wells
Sec. 1. The department may require the owner of a flowing water
well to reduce the flow from the well as the department considers
advisable to prevent the loss or waste of potable water that is not
being put to a beneficial use.
As added by P.L.1-1995, SEC.18.
IC 14-25-6-2
Permit to inject potable water into underground formation
containing nonpotable water
Sec. 2. Except as provided in sections 4 and 5 of this chapter, a
permit must be obtained from the department to inject, pump, or
otherwise introduce potable ground water into an underground
formation that contains nonpotable water. An application for a permit
must be made on forms prescribed by the department. The permit
shall be issued:
(1) upon receipt of the application, unless the department
determines from the application that an investigation is
necessary; and
(2) free of charge.
As added by P.L.1-1995, SEC.18.
IC 14-25-6-3
Denial of permit
Sec. 3. The department may, after an investigation has been
conducted and a hearing has been held, deny permission to an
applicant to inject, pump, or otherwise introduce potable ground
water into an underground formation that contains nonpotable water
if:
(1) the practice would:
(A) constitute a waste of potable ground water; or
(B) threaten to impair or exhaust the supply of the area; and
(2) available nonpotable water could be used instead of potable
water.
As added by P.L.1-1995, SEC.18.
IC 14-25-6-4
Injection of potable water from prolific aquifer
Sec. 4. A person may inject, pump, or otherwise introduce potable
ground water into an underground formation that contains
nonpotable water if:
(1) the potable water is obtained from a prolific aquifer adjacent
to a permanent flowing stream that is rapidly recharged; and
(2) the operator:
(A) notifies the department on a form prescribed by the
department of the use of the prolific aquifer; and
(B) includes on the form a fair approximation of the volume
of potable water to be used.
As added by P.L.1-1995, SEC.18.
IC 14-25-6-5
Water flood projects
Sec. 5. (a) Subject to subsection (b), a person, firm, or corporation
operating a water flood project using potable ground water on March
14, 1957, may do the following:
(1) Continue the flood.
(2) Use the additional potable water that is necessary.
(b) If an emergency arises affecting the water supply for
household or farm use, the department may, after notice and hearing,
order the person, firm, or corporation to cease the use of the potable
ground water.
As added by P.L.1-1995, SEC.18.
IC 14-25-6-6
Violations
Sec. 6. A person who violates this chapter commits a Class C
infraction. Each day of violation constitutes a separate infraction.
As added by P.L.1-1995, SEC.18.