Authority: IC 14-10-2-4; IC 14-25-2-5

Affected: IC 4-21.5-3-5; IC 14-25-2; IC 14-25-7-14

Sec. 5. (a) Except as provided in this section, "minimum quantities of stream flow" refers to an order, which implements the standards of IC 14-25-7-14, determined at a point of discharge of a reservoir's outlet works.

(b) With respect to the following reservoirs, "minimum quantities of stream flow" refers to the following:

1. (1) For Brookville Lake, forty (40) cubic feet per second above elevation seven hundred thirteen (713) feet, National Geodetic Vertical Datum of 1929 (NGVD-29).
2. (2) For Hardy Lake, five-tenths (0.5) cubic feet per second.
3. (3) For Monroe Lake, fifty (50) cubic feet per second whenever the reservoir pool is above elevation five hundred fifteen (515) feet, National Geodetic Vertical Datum of 1929 (NGVD-29). When lower than this elevation, the minimum quantities of stream flow are as determined by the corps of engineers.
4. (4) For Patoka Lake, five (5) cubic feet per second whenever the reservoir pool is above elevation five hundred six (506) feet, National Geodetic Vertical Datum of 1929 (NGVD-29). When lower than this elevation, the minimum quantities of stream flow are as determined by the corps of engineers.

(c) A person may petition the division director to determine an impoundment, not listed in subsection (b), is a reservoir subject to this article. If the petition is granted, the division director shall also determine the minimum quantities of stream flow for the reservoir. A determination under this subsection is a determination of status under IC 4-21.5-3-5.

(Natural Resources Commission; 312 IAC 6.3-2-5; filed Nov 5, 2008, 2:32 p.m.: 20081203-IR-312080131FRA; readopted filed Jul 17, 2014, 3:47 p.m.: 20140813-IR- 312140097RFA; readopted filed May 20, 2020, 9:56 a.m.: 20200617-IR-312200180RFA)