312 IAC 29-16-2 - Criteria for exempting an aquifer
Authority: IC 14-10-2-4; IC 14-37-3
Affected: IC 14-37
Sec. 2.
(a) An
aquifer or a portion of an aquifer that is an underground source of drinking
water may be determined under section 1 of this rule to be an exempted aquifer
where the aquifer or portion of the aquifer:
(1) does not currently serve as a source of
drinking water and cannot now and will not in the future serve as a source of
drinking water because it is:
(A) mineral,
hydrocarbon, or geothermal energy producing, or can be demonstrated by a permit
applicant to contain minerals or hydrocarbons, that, considering their quantity
and location, are expected to be commercially producible;
(B) situated at a depth or location that
makes recovery of water for drinking water purposes economically or
technologically impracticable; or
(C) so contaminated that to render that water
fit for human consumption would be economically or technologically
impracticable; or
(2)
contains fresh water with more than three thousand (3,000) milligrams per liter
of total dissolved solids and is not reasonably expected to supply a future
user of fresh water.
(b)
A demonstration of commercial producibility under subsection (a)(1)(A) shall be
made as follows:
(1) For an enhanced recovery
well to be used in a field from which hydrocarbons were previously produced,
commercial producibility shall be presumed by the department upon a
demonstration by the applicant of historical production in the field.
(2) For a Class II well not located in a
field containing an aquifer from which hydrocarbons were previously produced,
to the extent available, the department shall consider logs, core data,
formation description, formation depth, formation thickness, and formation
parameters, such as permeability and porosity.
Notes
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