Authority: IC 14-10-2-4; IC 14-25

Affected: IC 14-25

Sec. 5. (a) This section governs an individual permit for a withdrawal, consumptive use, or diversion.

(b) A person must obtain a permit under IC 14-25-15 and this rule before implementing a new average daily withdrawal over any ninety (90) consecutive days that exceeds the following:

1. (1) From Lake Michigan, five million (5,000,000) gallons.
2. (2) From a salmonid stream, one hundred thousand (100,000) gallons.
3. (3) From any other source of ground water or surface water or of ground water and surface water combined, one million (1,000,000) gallons.

(c) Unless exempted under IC 14-25-15-8, a person must obtain advance approval to increase in excess of the baseline, the average daily thresholds under subsection (b) of an existing withdrawal of ground or surface water or ground water and surface water combined for either:

1. (1) a withdrawal; or
2. (2) an increase in consumptive use to five million (5,000,000) gallons or greater daily.

(d) Except as provided in subsection (g), an applicant must provide each of the following:

1. (1) The information required for registration in section 4(f) of this rule.

2. (2) Identification of which of the following the applicant seeks:

   1. (A) A new or increased withdrawal in excess of a threshold described in subsection (b).
   2. (B) A new or increased consumptive use in excess of five million (5,000,000) gallons per day.

   3. (C) An exception to the prohibition on diversions for any of the following:

      1. (i) A straddling community.
      2. (ii) A community within a straddling county.
      3. (iii) An intra-basin transfer.

3. (3) The location of any source of water for a withdrawal or diversion to include the following:

   1. (A) The applicant's sole or preferred source.
   2. (B) Any source that is an alternative to clause (A).
   3. (C) Any well or pump site.

   4. (D) If a person other than the applicant would make a withdrawal, information to reasonably support a finding the person:

      1. (i) has sufficient capacity to serve the applicant's needs; and
      2. (ii) is willing to negotiate a purchase price with the applicant.
   5. (E) The applicant's need for the water source.

4. (4) A map or photograph to assist with identification of the following:

   1. (A) The source watershed that includes if:

      1. (i) ground water, that the source is a confined or an unconfined aquifer; or
      2. (ii) surface water, that the source is a river, stream, or lake (and the name of the water body).
   2. (B) The proposed location of any withdrawal and return flow discharge.

   3. (C) If a diversion, both of the following:

      1. (i) The existing water supply service area.
      2. (ii) The area that is proposed to receive the diverted water.

5. (5) The new or increased diversion and any associated consumptive use, which includes the following:

   1. (A) The total proposed maximum volume of the withdrawal, diversion, or consumptive use over the planned life of the project (but not exceeding fifty (50) years) in millions of gallons per day:

      1. (i) averaged over a calendar year;
      2. (ii) over the peak period of ninety (90) consecutive days during a calendar year; and
      3. (iii) monthly.

   2. (B) Whether the use would be:

      1. (i) continuous;
      2. (ii) seasonal; or
      3. (iii) temporary.
   3. (C) Locations where the withdrawal and where the return discharge would be measured.
   4. (D) The technical method to be used for determining the rates of flow.

6. (6) If within the prior ten (10) years, an application was approved to increase the baseline volume for the facility, the date of the approval and the daily volume in gallons for any of the following:

   1. (A) Withdrawal.
   2. (B) Consumptive use.
   3. (C) Diversion.

(e) For an exception to the prohibition on diversions that is subject to Section 4.9 of IC 14-25-15-1, an applicant must additionally satisfy the criteria in:

1. (1) Section 4.9.1 of IC 14-25-15-1 for a straddling community;
2. (2) Section 4.9.2 of IC 14-25-15-1 for an intra-basin transfer; or
3. (3) Section 4.9.3 of IC 14-25-15-1 for a straddling county;

as described in Section 4.9.4 of IC 14-25-15-1.

(f) For a new or increased withdrawal or consumptive use that is subject to Section 4.10 of IC 14-25-15-1, an applicant must additionally satisfy the criteria in the decision making standard of Section 4.11 of IC 14-25-15-1.

(g) The owner of a facility is not required to register under IC 14-25-7-15, or to obtain a water withdrawal permit under this rule, if the facility is installed and used exclusively for any of the following purposes:

1. (1) Testing or evaluating the ground water resource for a period not greater than seventy-two (72) hours in one (1) calendar year.
2. (2) A noncommercial project that continues for not more than three (3) months for firefighting, humanitarian, or emergency response purposes.

3. (3) Supplying a vehicle, boat, or aircraft with respect to:

   1. (A) transport of a person or animal;
   2. (B) ballast; or
   3. (C) operating a vehicle, boat, or aircraft.

(Natural Resources Commission; 312 IAC 6.2-2-5; filed Jul 9, 2014, 11:14 a.m.: 20140806-IR-312130335FRA, eff Sep 1, 2014; readopted filed May 20, 2020, 9:55 a.m.: 20200617-IR-312200179RFA)