Ground water emergencies., the official text

First Regular Session of the 124th General Assembly (2025)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.

 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.

   SENATE ENROLLED ACT No. 28

   AN ACT to amend the Indiana Code concerning natural and cultural
resources.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 14-25-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. Within:

      (1) twenty-four (24) hours after receiving a written complaint
      from the owner of a nonsignificant ground water withdrawal
      facility; or
      (2) three (3) business days after receiving a written complaint
      from the owner or operator of a significant ground water
      withdrawal facility;
that a water well on property in the owner's possession has
      (1) failed to furnish the well's normal supply of water or
      (2) failed to furnish potable water, the director shall cause an
      onsite investigation to be made.
   SECTION 2. IC 14-25-4-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. The owner of a
significant ground water withdrawal facility shall, subject to an order
issued under section 20 of this chapter or under IC 13-2-2.5-11 (before
its repeal), provide timely and reasonable compensation to persons
another person who own owns a significant ground water
withdrawal facility or nonsignificant ground water withdrawal
facilities facility if there is failure or substantial impairment of those
facilities as set forth in section 8 of this chapter if both of the following

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conditions exist:
      (1) The failure or substantial impairment was caused by the
      ground water withdrawals of the owner's significant ground water
      withdrawal facility.
      (2) In the case of an affected nonsignificant ground water
      withdrawal facility, either:
         (A) the affected nonsignificant ground water withdrawal
         facility was in existence before January 1, 1986; or
         (B) if constructed after December 31, 1985, the facility
         conforms to the rules of the department issued under section
         13 of this chapter. Water wells constructed after December 31,
         1985, but before the adoption of rules under this chapter must
         conform to the Recommended Guidelines of the department in
         Information Bulletin No. 3 published at 9 IR 1242.

   SECTION 3. IC 14-25-4-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. Timely and
reasonable compensation under section 17 of this chapter consists of
and is limited to the following:

      (1) The immediate temporary provision at the prior point of use
      of an adequate supply of potable water.
      (2) Reimbursement of expenses reasonably incurred by the
      complainant to do the following:

         (A) Obtain an immediate temporary provision at the prior
         point of use of an adequate supply of potable water.
         (B) Provide timely and reasonable compensation as provided
         in subdivision (3)(A) and (3)(B).
      (3) Either:
         (A) the restoration of the affected nonsignificant ground water
         withdrawal facility or significant ground water withdrawal
         facility to the facility's former relative capability;
         (B) the permanent provision at the point of use of an
         alternative potable supply of equal quantity; or
         (C) the permanent restriction or scheduling of the ground
         water withdrawals of the significant ground water withdrawal
         facility so that the affected water well continues to produce:

            (i) the well's normal supply of water; or
            (ii) the normal supply of potable water if the well normally
            furnishes potable water.
   SECTION 4. IC 14-25-4-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 19. The refusal of an
owner of an affected nonsignificant ground water withdrawal facility
or significant ground water withdrawal facility to accept timely and

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reasonable compensation is sufficient grounds for the department to
terminate an order imposed on a responsible significant ground water
withdrawal facility. An owner may request a hearing under IC 4-21.5
if the owner does not believe compensation was timely or reasonable.

   SECTION 5. IC 14-25-4-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. (a) An owner of a
new nonsignificant ground water withdrawal facility who desires to
receive the protection of this chapter must construct the facility to
conform to the rules adopted under section 13 of this chapter.

   (b) An owner of a new significant ground water withdrawal
facility who desires to receive the protection of this chapter must
construct the new significant ground water withdrawal facility to
conform to rules addressing significant ground water withdrawal
facilities adopted under section 13 of this chapter.

   (b) (c) Before a licensed water well drilling contractor or plumbing
contractor drills and equips a ground water withdrawal facility for a
person, the contractor must advise the person of the provisions of this
chapter.

SEA 28 — Concur
President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

SEA 28 — Concur