The owner of a significant ground water withdrawal facility shall, subject to an order issued under section 20 of this chapter or under IC 13-2-2.5-11 (before its repeal), provide timely and reasonable compensation to another person who owns a significant ground water withdrawal facility or nonsignificant ground water withdrawal facility if there is failure or substantial impairment of those facilities as set forth in section 8 of this chapter if the following conditions exist:

1. (1) The failure or substantial impairment was caused by the ground water withdrawals of the owner's significant ground water withdrawal facility.

2. (2) In the case of an affected nonsignificant ground water withdrawal facility, either:

   1. (A) the affected nonsignificant ground water withdrawal facility was in existence before January 1, 1986; or

   2. (B) if constructed after December 31, 1985, the facility conforms to the rules of the department issued under section 13 of this chapter. Water wells constructed after December 31, 1985, but before the adoption of rules under this chapter must conform to the Recommended Guidelines of the department in Information Bulletin No. 3 published at 9 IR 1242.

      [Pre-1995 Recodification Citation: 13-2-2.5-10(a).]

As added by P.L.1-1995, SEC.18. Amended by P.L.71-2025, SEC.2.