If an investigation under section 8 of this chapter discloses:(1) that the well has:(A) failed to furnish the well's normal supply of water; or(B) based upon reasonable evidence of prior potability supplied by the owner, failed to furnish potable water;(2) that there has been a substantial lowering of the level of ground water in the area that has resulted in the failure of the well to:(A) furnish the well's normal supply of water; or(B) furnish potable water if the failure is caused by natural variations in the potability of water in the source aquifer;(3) that the well and the well's equipment were functioning properly at the time of the failure;(4) that the failure of the well was caused by the lowering of the ground water level in the area;(5) that the lowering of the ground water level is such that the ground water level:(A) exceeds normal seasonal water level fluctuations; and(B) substantially impairs continued use of the ground water resource in the area; and(6) that the lowering of the ground water level was caused by at least one (1) significant ground water withdrawal facility;the director shall, by temporary order, declare a ground water emergency.[Pre-1995 t the lowering of the ground water level was caused by at least one (1) significant ground water withdrawal facility;the director shall, by temporary order, declare a ground water emergency.[Pre-1995 Recodification Citation: 13-2-2.5-3(b).]As added by P.L.1-1995, SEC.18.
Indiana Legal Code