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Indiana Code Title 14. Natural and Cultural Resources § 14-25-15-12

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 12. (a) This section governs any status determination of a baseline under section 4.12.2 of the compact for each of the following from the Indiana portion of the basin:

(1) The total withdrawal capability registered under IC 14-25-7-15(c)(3) is deemed the existing withdrawal approval amount for section 4.12.2.a.i of the compact.

(2) A consumptive use attributable to a facility described in IC 14-25-7-15(a)(1).

(3) A facility that diverts water outside the basin.

(b) The department shall make each determination required under subsection (a) following an investigation.  Before completing the investigation, the department shall:

(1) inform the owner of the facility of the amount of any proposed baseline;  and

(2) provide the owner with a period of at least thirty (30) days to offer documentation the owner believes would properly modify the proposed baseline amount.

(c) The department shall provide notice under IC 4-21.5-3-5 of a status determination under this section to the owner of the facility for which the determination is made.

(d) The owner of a facility for which a status determination is made under this section is the only person with standing to seek an administrative adjudication of the determination under IC 4-21.5.

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Cite this article: FindLaw.com - Indiana Code Title 14. Natural and Cultural Resources § 14-25-15-12 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-14-natural-and-cultural-resources/in-code-sect-14-25-15-12/

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