Sec. 6. Not later than five (5) days after receiving a written complaint from a lake owner that:

(1) the level of a freshwater lake has been lowered:

Terms Used In Indiana Code 14-25-5-6

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • freshwater lake: means a body of standing surface water that:

    Indiana Code 14-25-5-3

  • lake owner: means a person in possession of property that includes:

    Indiana Code 14-25-5-4

  • significant water withdrawal facility: means a water pumping installation or other equipment of a person that, in the aggregate from all sources and by all methods, has the capability of withdrawing at least one hundred thousand (100,000) gallons of water in one (1) day. See Indiana Code 14-25-5-5
(A) significantly below the lake’s normal level as legally established under IC 14-26-4 or under IC 13-2-13 (before its repeal); or

(B) if the normal level has not been legally established under IC 14-26-4 or under IC 13-2-13 (before its repeal), significantly below the water line or shoreline as determined by existing water level records or by the action of the water that has marked upon the soil of the bed of the lake a character distinct from that of the bank with respect to vegetation and the nature of the soil; and

(2) the lowering of the lake level is believed to be caused by at least one (1) active significant water withdrawal facility operated within one-half (1/2) mile of the freshwater lake;

the director shall give notice to those persons responsible for the operation of the significant water withdrawal facility believed to have caused lowering of the lake level and cause an onsite investigation to be made.

[Pre-1995 Recodification Citation: 13-2-2.6-9.]

As added by P.L.1-1995, SEC.18.

  Previous section
Next section  
 Chapter 5 Contents