2014 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 25. WATER RIGHTS AND RESOURCES CHAPTER 7. WATER RESOURCE MANAGEMENT
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IC 14-25-7
Chapter 7. Water Resource Management
IC 14-25-7-1
"Aquifer" defined
Sec. 1. As used in this chapter, "aquifer" means an underground
geologic formation that:
(1) is consolidated or unconsolidated; and
(2) has the ability to receive, store, and transmit water in
amounts sufficient for the satisfaction of any beneficial use.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-2
"Beneficial use" defined
Sec. 2. As used in this chapter, "beneficial use" means the use of
water for any useful and productive purpose. The term includes the
following uses:
(1) Domestic.
(2) Agricultural, including irrigation.
(3) Industrial.
(4) Commercial.
(5) Power generation.
(6) Energy conversion.
(7) Public water supply.
(8) Waste assimilation.
(9) Navigation.
(10) Fish and wildlife.
(11) Recreational.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-3
"Ground water" defined
Sec. 3. As used in this chapter, "ground water" means all water
occurring beneath the surface of the ground regardless of location and
form.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-4
"Instream use" defined
Sec. 4. As used in this chapter, "instream use" means any use of
water that uses surface water in place. The term includes the
following uses:
(1) Commercial and recreational navigation.
(2) Hydroelectric power generation.
(3) Waste assimilation.
(4) Fish and wildlife habitat.
(5) General recreation.
(6) The maintenance of environmental and aesthetic values.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-5
"Person" defined
Sec. 5. As used in this chapter, "person" means an individual, an
incorporated or unincorporated organization or association, a trustee
or legal representative, the state, a political subdivision of the state,
the United States of America, an agency of the state, a political
subdivision of the state or of the United States of America, or a group
of such persons acting in concert.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-6
"Reasonable beneficial use" defined
Sec. 6. For purposes of this chapter, "reasonable beneficial use"
means the use of water for a beneficial use in the quantity and manner
that is:
(1) necessary for economic and efficient utilization; and
(2) both reasonable and consistent with the public interest.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-7
"Stream" defined
Sec. 7. As used in this chapter, "stream" means a natural or an
altered river, creek, slough, watercourse, or artificial channel that has:
(1) definable banks and bed capable of conducting defined
runoff;
(2) visible evidence of the flow or occurrence of water; and
(3) a watershed greater than one (1) square mile in area.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-8
"Water resource" defined
Sec. 8. (a) As used in this chapter, "water resource" means all
water:
(1) on or beneath the surface of the ground; or
(2) in the atmosphere.
(b) The term includes the following:
(1) Streams.
(2) Impoundments.
(3) Diffused surface water.
(4) Water percolating, standing, or flowing beneath the surface
of the ground.
(5) All boundary and coastal water within the jurisdiction of the
state.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-9
"Withdrawal use" defined
Sec. 9. As used in this chapter, "withdrawal use" means any use
of water that involves the physical removal of the water from a
ground or surface source, including water from storage in an
impoundment.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-10
Administration of chapter
Sec. 10. (a) The commission shall administer this chapter.
(b) The deputy director for water and resource regulation shall
serve as technical secretary to the commission. The deputy director
shall perform the duties that are required by this chapter or that the
commission directs.
(c) The advisory council established by IC 14-9-6-1 shall serve in
an advisory capacity to the commission with respect to the
implementation of the commission's powers and duties, including the
drafting of rules and development of inventories, assessments, and
plans.
(d) For the time that the advisory council is involved in the
drafting of rules, the membership of the council shall be augmented
as follows:
(1) Two (2) members of the senate, not more than one (1) of
whom may be of the same political party, shall be appointed for
a term of two (2) years by the president pro tempore of the
senate.
(2) Two (2) members of the house of representatives, not more
than one (1) of whom may be of the same political party, shall
be appointed for a term of two (2) years by the speaker of the
house of representatives.
These members are entitled to travel expenses and a per diem
allowance as determined by the budget agency for members of boards
and commissions generally.
(e) The department shall provide professional, technical, and
clerical personnel, equipment, supplies, and support services
reasonably required to assist the commission in the exercise of the
commission's powers and duties under this chapter. The department
shall include money for this purpose in the regular operating budget
requests of the department.
As added by P.L.1-1995, SEC.18. Amended by P.L.95-2006, SEC.9.
IC 14-25-7-11
Duties of commission
Sec. 11. The commission shall do the following:
(1) Conduct a continuing assessment of the availability of the
water resource.
(2) Take and maintain an inventory of significant uses of water
withdrawn from the surface or ground.
(3) Plan for the development, conservation, and use of the water
resource for beneficial uses.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-12
Powers of commission
Sec. 12. The commission may do the following:
(1) Collect and disseminate information relating to the water
resource.
(2) Consult with and advise all users of the water resource as to
availability of the water resource and the most practical method
of water withdrawal, development, conservation, and use.
(3) Make the necessary investigations and inspections for proper
administration of this chapter.
(4) Enter at reasonable times with proper notice upon any
property other than a dwelling place for the purpose of
inspecting and investigating significant water withdrawal
facilities or enforcing this chapter.
(5) Establish, by rule, the criteria for the determination of
minimum stream flows and minimum ground water levels.
(6) When necessary for the proper administration and
enforcement of this chapter, require the metering or other
reasonable measurement of water withdrawals from significant
water withdrawal facilities and the reporting of the metering or
measurement to the commission.
(7) Cooperate with other state and local agencies, other states
and their state agencies, and agencies of the United States in
water resource development, conservation, and use.
(8) Accept and administer money from any source to aid in
carrying out this chapter.
(9) Exercise the additional authority necessary to carry out this
chapter.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-13
Inventory of water resources; plans and recommendations
Sec. 13. (a) As used in this section, "surplus water" means that
water found to exceed:
(1) existing uses; and
(2) reasonably foreseeable needs;
in the watershed of origin.
(b) The commission shall make and maintain an inventory of the
water resource of Indiana. The inventory must include an assessment
of the following:
(1) The capabilities of streams to support instream and
withdrawal uses and of aquifers to support withdrawal uses.
(2) Low stream flow characteristics.
(3) Existing uses and projections of beneficial use requirements.
(4) The potential in watersheds for managing flood water for
beneficial uses.
(5) Potential sources and amounts of surplus water available for
transfers.
(6) Other assessment and information considered necessary to
properly define water resource availability.
(c) The commission shall maintain, on a continuing basis and with
opportunity for participation and consultation with all interested
persons, plans and recommendations for the development,
conservation, and use of the water resource to best serve the needs of
the people of Indiana for beneficial uses.
(d) The commission shall prepare a compilation and mapping of
all community public water supplies in Indiana that serve at least five
hundred (500) customers. The commission shall update the
compilation and mapping at least one (1) time every five (5) years.
The commission may use funds from the water resources
development fund established by IC 14-25-2-4 to prepare
compilations and mappings under this subsection. The compilations
and mappings prepared under this subsection must include the
following information:
(1) The location of water sources for community public water
supplies.
(2) The location of treatment facilities used to treat raw water
before the water is distributed to community public water
supply customers.
(3) The extent of water mains in territories served by
community public water supplies.
(4) The population served by community public water supplies.
(5) The total amount of water produced by community public
water supplies for the most recent calendar year.
As added by P.L.1-1995, SEC.18. Amended by P.L.184-1995, SEC.2.
IC 14-25-7-14
Minimum flows of streams; minimum levels of ground water
Sec. 14. (a) Subject to subsection (c), the commission may
determine and establish the minimum flows of streams, taking into
account the varying low flow characteristics of the streams of Indiana
and the importance of instream and withdrawal uses, including
established water quality standards and public water supply needs.
(b) The established minimum flows of streams:
(1) are those naturally occurring, as determined by the
commission; and
(2) may be calculated to reflect seasonal and regional variations.
(c) For boundary water, the commission may develop mutually
agreeable minimum flows of streams in cooperation with the
boundary state.
(d) The commission may determine and establish the minimum
level of ground water in aquifers below which further withdrawals
would be significantly harmful to the water resource of the area.
As added by P.L.1-1995, SEC.18.
IC 14-25-7-15
Significant water withdrawal facilities; registration; report to the
commissioner; waiver
Sec. 15. (a) As used in this section, "significant water withdrawal
facility" means the water withdrawal facilities of a person that, in the
aggregate from all sources and by all methods, has the capability of
withdrawing more than one hundred thousand (100,000) gallons of
ground water, surface water, or ground and surface water combined
in one (1) day. Subject to subsection (b), the term does not include:
(1) water withdrawal facilities that function as part of the
operation or construction of a landfill; or
(2) water withdrawal facilities located in or on an off-stream
impoundment that is principally supplied by a significant water
withdrawal facility.
(b) A water withdrawal facility referred to in subsection (a)(1) or
(a)(2) located in the basin (as defined in section 1.2 of IC 14-25-15-1)
is subject to the registration requirement of section 4.1.3 of
IC 14-25-15-1.
(c) Every person who has a significant water withdrawal facility
shall register the facility with the commission on forms provided by
the commission that contain the following:
(1) The name and legal address of the registrant.
(2) The source of water supply.
(3) The total capability of the water withdrawal facility.
(4) The total withdrawal capability per day and the amount from
each source.
(5) The use to be made of the water, the place of use, and the
place of discharge.
(6) The geographic location of the supply source.
(7) The date of registration.
(8) Other information specified by rule.
(d) A significant water withdrawal facility must be registered
within three (3) months after the facility is completed.
(e) The owner of a registered significant water withdrawal facility
shall, within three (3) months after the end of each year, make a
verified report to the commission on forms to be provided by the
commission of the amounts of water withdrawn during the year.
(f) Under rules adopted by the commission, the department may
waive the requirement of the information set forth in subsections (c)
and (e) with respect to a temporary significant water withdrawal
facility.
As added by P.L.1-1995, SEC.18. Amended by P.L.123-1996,
SEC.17; P.L.4-2008, SEC.4.
IC 14-25-7-16
Duties; interim study committee on agriculture and natural
resources
Sec. 16. The interim study committee on agriculture and natural
resources established by IC 2-5-1.3-4 shall do the following:
(1) Oversee the water resource management program of this
chapter and the needs of the people of Indiana.
(2) Report the findings and recommendations in an electronic
format under IC 5-14-6 to the legislative council under
IC 2-5-1.2-15.
As added by P.L.1-1995, SEC.18. Amended by P.L.28-2004,
SEC.131; P.L.53-2014, SEC.131.
IC 14-25-7-17
Violations
Sec. 17. A person who violates section 15 of this chapter commits
a Class B infraction. A separate infraction is committed each day a
violation occurs.
As added by P.L.1-1995, SEC.18.
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