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

Affected: IC 14-21.5-4; IC 14-25-1-11; IC 14-25-15-1

Sec. 6. (a) This section establishes a general permit for a new or increased withdrawal or consumptive use not exceeding the threshold amounts set forth in IC 14-25-15 and this article.

(b) A person who qualifies under this section is not required to obtain an individual permit under IC 14-25-15 and section 5 of this rule.

(c) To qualify for a general permit, a person must satisfy each of the following:

1. (1) Comply with all requirements for registration of a withdrawal or consumptive use under section 4 of this rule.
2. (2) Limit any new or increased average daily consumptive use to less than five million (5,000,000) gallons over any period of ninety (90) consecutive days.

3. (3) Unless prior written approval is obtained from the department, refrain from making a daily withdrawal of one hundred thousand (100,000) gallons from either:

   1. (A) a salmonid stream; or
   2. (B) a well located within one-half (1/2) mile of a salmonid stream.

4. (4) Following an order issued by the department under IC 4-21.5-4, cease or curtail the withdrawal as directed, if the department determines either:

   1. (A) a ground water withdrawal exceeds the recharge capability of the source aquifer; or

   2. (B) the withdrawal is causing a stream flow that is both:

      1. (i) below Q90; and
      2. (ii) likely to result in an adverse impact to fish, wildlife, or botanical resources.

(Natural Resources Commission; 312 IAC 6.2-2-6; 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)