Authority: IC 14-10-2-4; IC 14-10-2-5; IC 14-39-0.5

Affected: IC 4-21.5; IC 14-39-2-4

Sec. 4. (a) The division of reclamation shall make a determination of equitable compensation based on the weighted average of consideration paid to consenting pore space owners in the same project, weighted by each consenting pore space owner's percent of pore space. A determination under this section excludes other compensation for grants of additional property or other associated rights for the same project for the consenting pore space owner's proportionate share of the storage facility at the time the petition is filed and includes the determination in the notice to affected pore space owners under section 2 of this rule.

(b) If a nonconsenting pore space owner disagrees with the determination of the division of reclamation under subsection (a), the division shall schedule an informal hearing on the petition for involuntary integration not later than sixty (60) days after receiving the information under sections 1 and 2 of this rule.

(c) The division shall consider relevant evidence submitted timely under section 2 of this rule by a nonconsenting pore space owner regarding whether the equitable compensation determined under this section should be adjusted.

(d) An informal hearing scheduled by the division under this section must be held in a location a reasonable distance from the proposed storage facility. Department employees will hear the relevant evidence presented.

(e) An involuntary integration order issued by the department must include the findings:

(1) under IC 14-39-2-4; and

(2) of the amount of equitable compensation to be paid by the petitioner to a nonconsenting pore space owner for use of the pore space.

(f) An involuntary integration order does not alter agreed compensation or contractual terms between the petitioner and a consenting pore space owner.

(g) A determination under this section is subject to review and appeal under IC 4-21.5.

(Natural Resources Commission; 312 IAC 30-5.5-4; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)