1. (a) In a restricted use area, the department may require a person found to be committing waste of ground water to return all or a part of the water to the ground if the following conditions are met:

   1. (1) The water being wasted can safely and practicably be returned to the ground.
   2. (2) Requirements are imposed as proportionately equal as is practicable on all persons committing waste.

2. (b) The use of ground water for cooling purposes may constitute waste if the water is:

   1. (1) not used more than one (1) time in a cooling, air conditioning, or heating system; and
   2. (2) not put to further beneficial use.

3. (c) In a restricted use area the department may require the owner of a flowing well:

   1. (1) that exceeds a flow of one thousand five hundred (1,500) gallons per day; and

   2. (2) whose water is being wasted;

      to install the controls on the well that are necessary to diminish the daily flow to not more than one thousand five hundred (1,500) gallons.

      [Pre-1995 Recodification Citation: 13-2-2-10 part.]

As added by P.L.1-1995, SEC.18.