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

Affected: IC 14-25-2-2

Sec. 1. (a) A person that seeks to contract with the commission for the:

1. (1) provision of certain minimum quantities of stream flow; or
2. (2) sale of water on a unit pricing basis;

under IC 14-25-2-2, must submit a written request to the division under this article.

(b) A written request under subsection (a) must be completed and must include the following information:

1. (1) The name, address, e-mail address, and telephone number of the following:

   1. (A) The person that would enter the contract.
   2. (B) At least one (1) individual to serve as a point of contact for the person that would enter the contract.
2. (2) If another person is acting for the person described in subdivision (1), the same information for the other person as is described in subdivision (1).
3. (3) The location where any withdrawal or release from a reservoir would occur.
4. (4) The proposed use or uses of the withdrawal or release.
5. (5) The location of the proposed use or uses described in subdivision (4).
6. (6) The proposed daily limit for the withdrawal or release of water (or pump capacity, if the limit is proposed to be based upon a pump capacity).
7. (7) The proposed term, in years, of the contract and a justification for the proposed term.
8. (8) The proposed method for measuring the withdrawal or release of water.
9. (9) A summary of alternative water supply sources that were considered.
10. (10) A justification for why the reservoir is the most economic or feasible supply source.
11. (11) A conservation plan.

(c) A written request under subsection (a) is not complete until the person submits, as part of the application:

1. (1) a contingency plan that describes the alternatives the person will use if the withdrawal or release of water from the reservoir is restricted due to a drought alert described in 312 IAC 6.3-5-2; or
2. (2) a statement that the person agrees to withstand the results of not being able to receive water from the reservoir.

(d) A contract shall not be executed unless the:

1. (1) contingency plan is feasible; or
2. (2) person seeking the contract agrees to withstand the results of not being able to receive water from the reservoir.

(Natural Resources Commission; 312 IAC 6.3-3-1; 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)