If an investigation under section 8 of this chapter discloses:

1. (1) that the well has:

   1. (A) failed to furnish the well's normal supply of water; or
   2. (B) based upon reasonable evidence of prior potability supplied by the owner, failed to furnish potable water;

2. (2) that there has been a substantial lowering of the level of ground water in the area that has resulted in the failure of the well to:

   1. (A) furnish the well's normal supply of water; or
   2. (B) furnish potable water if the failure is caused by natural variations in the potability of water in the source aquifer;
3. (3) that the well and the well's equipment were functioning properly at the time of the failure;
4. (4) that the failure of the well was caused by the lowering of the ground water level in the area;

5. (5) that the lowering of the ground water level is such that the ground water level:

   1. (A) exceeds normal seasonal water level fluctuations; and
   2. (B) substantially impairs continued use of the ground water resource in the area; and

6. (6) that the lowering of the ground water level was caused by at least one (1) significant ground water withdrawal facility;

   the director shall, by temporary order, declare a ground water emergency.

   [Pre-1995 Recodification Citation: 13-2-2.5-3(b).]

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