1. (a) Except as provided in section 8 of this chapter, a person must, under the rules established under section 5(4) of this chapter, obtain a permit from the department for a daily withdrawal in excess of any of the following, calculated on average over any ninety (90) day period:

   1. (1) Five million (5,000,000) gallons from Lake Michigan surface water.
   2. (2) Subject to subsection (b), one hundred thousand (100,000) gallons from a salmonid stream.
   3. (3) For any other surface water or groundwater source, one million (1,000,000) gallons.

2. (b) Notwithstanding 327 IAC 2-1.5-5(a)(3), the salmonid streams subject to subsection (a)(2) are the following:

   1. (1) Trail Creek and its tributaries downstream to Lake Michigan.
   2. (2) Galien River and its tributaries in LaPorte County.
   3. (3) East Branch of the Little Calumet River and its tributaries downstream to Lake Michigan via Burns Ditch.
   4. (4) St. Joseph River and its tributaries in St. Joseph County from the Twin Branch Dam in Mishawaka downstream to the Indiana/Michigan state line.
   5. (5) Subject to subsection (c), any other watercourse determined by rule by the commission.
3. (c) Before adopting a rule under subsection (b)(5), the commission shall seek input from the U.S. Fish and Wildlife Service.

As added by P.L.4-2008, SEC.5. Amended by P.L.13-2013, SEC.50.