Sec. 14. (a) A declaration of a ground water emergency under this chapter is effective when a copy of a declaration is served under IC 4-21.5-3-1 upon a person who owns the significant ground water withdrawal facility that is reasonably believed to have caused the failure of the complainant’s water well.

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Terms Used In Indiana Code 14-25-4-14

  • Service of process: The service of writs or summonses to the appropriate party.
  • significant ground water withdrawal facility: means the ground water withdrawal facility 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 ground water in one (1) day. See Indiana Code 14-25-4-6
  • water well: means an excavation, however constructed, that is used for the purpose of withdrawing ground water for reasonable beneficial uses. See Indiana Code 14-25-4-7
     (b) As soon as possible after a declaration of a ground water emergency has been made, copies of the declaration shall be given to the newspapers of general circulation located in the affected county. The notification to newspapers required by this subsection is in addition to the minimum procedural duties required of the department under IC 4-21.5 and does not satisfy service of process by publication under IC 4-21.5-3-1(f).

     (c) If the emergency requires action before service can be completed under subsection (a), oral notification in person by a representative of the department and authorized by the director is sufficient until service can be completed. Oral notification is effective for not more than ninety-six (96) hours.

[Pre-1995 Recodification Citation: 13-2-2.5-6.]

As added by P.L.1-1995, SEC.18. Amended by P.L.32-2011, SEC.8.

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