The following water is usable without allocation:
- (1) Diversions by any persons of less than three hundred twenty-five thousand nine hundred gallons (325,900 gals.) (one (1) acre-foot) of water in any water year;
- (2) Water captured by tailwater recovery systems;
- (3) Water diverted from lakes, ponds, reservoirs, or springs in the exclusive ownership of one (1) person;
(4) Water previously captured whether transmitted by:
- (A) Ditch;
- (B) Channel; or
- (C) Pipe;
- (5) Water diverted from intermittent streams;
- (6) Diffused surface water;
- (7) Water captured by instream pit reservoirs, dams constructed pursuant to a lawful permit, or low water weirs and water stored in federal impoundments; and
- (8) Nonconsumptive usage.