HB1305

Summary

Major ground water withdrawal facilities. Defines a facility as a "major ground water withdrawal facility" if: (1) the facility includes one or more wells that have the capability of withdrawing at least 10,000,000 gallons of ground water from one or more aquifers in one day; and (2) the facility is connected, or plans provide for the facility to be connected, to pipeline facilities through which at least 10,000,000 gallons of ground water withdrawn by the facility's well or wells could be transported in one day to a destination located at least 20 miles from the facility. Provides that, after June 30, 2024, a person may not establish a major ground water withdrawal facility if the ground water withdrawn by the facility will be used primarily for: (1) commercial purposes; (2) industrial purposes; or (3) a combination of commercial purposes and industrial purposes; unless the person has obtained a permit from the natural resources commission (commission). Establishes the following prerequisites to the commission's issuance of a permit: (1) Public notice of the permit application must be provided through publication on the website of the department of natural resources (department). (2) Public notice of the permit application must be provided by first class mail to the executive of the county and to the executives of certain cities or towns. (3) At least two public hearings concerning the proposed major ground water withdrawal facility must be held. (4) A written feasibility study concerning the proposed major ground water withdrawal facility must be prepared. (5) The written feasibility study must be peer reviewed. (6) The feasibility study and the written results of the peer review must be published on the website of the department. Provides that the commission shall issue the permit if: (1) all of the prerequisites are satisfied; and (2) the commission determines that the establishment of the major ground water withdrawal facility, if permitted, will fulfill the health, economic, environmental, and other needs of present and future generations of Indiana citizens. Provides that, depending on the determinations of the feasibility study and the peer review, the permit may limit the maximum amount that the major ground water withdrawal facility may withdraw and transfer per year. Provides that a permit, if issued, must require the permit holder to regularly monitor the aquifer or aquifers from which the major ground water withdrawal facility withdraws ground water and must report the monitoring data to the department. Provides that the owner of a major ground water withdrawal facility may be ordered to provide timely and reasonable compensation to the owner of a nonsignificant ground water withdrawal facility or significant ground water withdrawal facility if water withdrawals by the major ground water withdrawal facility cause the nonsignificant ground water withdrawal facility or significant ground water withdrawal facility to fail to furnish the supply of water it normally furnishes or to fail to furnish potable water.

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