Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 14. (a) Flow may be diverted around disturbed areas through temporary or permanent diversions if approved by the director for:

1. (1) mined areas abandoned before May 3, 1978;
2. (2) reclaimed areas that meet the criteria of section 17(e) of this rule for siltation structure removal;
3. (3) undisturbed areas; or
4. (4) active surface coal mining operations after passing through a siltation structure and meeting the applicable effluent limitations.

(b) Diversions shall be designed to:

1. (1) minimize adverse impacts to the hydrologic balance within the permit and adjacent areas;
2. (2) prevent material damage to public or private property; and
3. (3) assure the safety of the public.

(c) Diversions shall not be used to divert water into underground mines without the approval of the director under section 26 of this rule.

(d) A diversion and its appurtenant structures shall be designed, located, constructed, maintained, and used to:

1. (1) be stable;
2. (2) provide protection against flooding and resultant damage to life and property;
3. (3) prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and
4. (4) comply with all applicable local, state, and federal laws and regulations.

(e) A temporary diversion shall be removed promptly when no longer needed to achieve the purpose for which the temporary diversion was authorized. The land disturbed by the removal process shall be restored in accordance with the approved reclamation plan and sections 5 through 13 of this rule, this section, and sections 15 through 69 of this rule.

(f) Before any diversion is removed, downstream water treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement does not relieve the permittee from maintaining water treatment facilities as otherwise required.

(g) A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed to restore or approximate the premining characteristics of the original stream channel, including the natural riparian vegetation, to promote the recovery and the enhancement of the aquatic habitat.

(h) Consideration during design shall be given to:

1. (1) the anticipated flow velocity;
2. (2) the erosion characteristics of the channel and side slopes;
3. (3) the need for adequate freeboard above the design water surface elevation; and
4. (4) the need for channel lining or energy dissipaters.

(Natural Resources Commission; 312 IAC 25-6-14; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3513, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190011RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)