312 IAC 6.2-2-5 - Individual permit for a withdrawal, consumptive use, or diversion
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) From Lake Michigan, five
million (5,000,000) gallons.
(2)
From a salmonid stream, one hundred thousand (100,000) gallons.
(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) a withdrawal; or
(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) The information required for registration
in section 4(f) of this rule.
(2)
Identification of which of the following the applicant seeks:
(A) A new or increased withdrawal in excess
of a threshold described in subsection (b).
(B) A new or increased consumptive use in
excess of five million (5,000,000) gallons per day.
(C) An exception to the prohibition on
diversions for any of the following:
(i) A
straddling community.
(ii) A
community within a straddling county.
(iii) An intra-basin transfer.
(3) The location of any
source of water for a withdrawal or diversion to include the following:
(A) The applicant's sole or preferred
source.
(B) Any source that is an
alternative to clause (A).
(C) Any
well or pump site.
(D) If a person
other than the applicant would make a withdrawal, information to reasonably
support a finding the person:
(i) has
sufficient capacity to serve the applicant's needs; and
(ii) is willing to negotiate a purchase price
with the applicant.
(E)
The applicant's need for the water source.
(4) A map or photograph to assist with
identification of the following:
(A) The
source watershed that includes if:
(i) ground
water, that the source is a confined or an unconfined aquifer; or
(ii) surface water, that the source is a
river, stream, or lake (and the name of the water body).
(B) The proposed location of any withdrawal
and return flow discharge.
(C) If a
diversion, both of the following:
(i) The
existing water supply service area.
(ii) The area that is proposed to receive the
diverted water.
(5) The new or increased diversion and any
associated consumptive use, which includes the following:
(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:
(i) averaged over a calendar year;
(ii) over the peak period of ninety (90)
consecutive days during a calendar year; and
(iii) monthly.
(B) Whether the use would be:
(i) continuous;
(ii) seasonal; or
(iii) temporary.
(C) Locations where the withdrawal and where
the return discharge would be measured.
(D) The technical method to be used for
determining the rates of flow.
(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:
(A) Withdrawal.
(B) Consumptive use.
(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) Section 4.9.1 of IC
14-25-15-1
for a straddling community;
(2)
Section 4.9.2 of IC
14-25-15-1
for an intra-basin transfer; or
(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) Testing or evaluating the ground water
resource for a period not greater than seventy-two (72) hours in one (1)
calendar year.
(2) A noncommercial
project that continues for not more than three (3) months for firefighting,
humanitarian, or emergency response purposes.
(3) Supplying a vehicle, boat, or aircraft
with respect to:
(A) transport of a person or
animal;
(B) ballast; or
(C) operating a vehicle, boat, or
aircraft.
Notes
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