Ind. Code ch. 14-25-17

in effect

Ind. Code § 14-25-17-1 Applicability; exemptions

Sec. 1. This chapter does not apply to an interbasin water transfer that is: (1) made by a water utility: (A) from or downstream from a reservoir: (i) owned, operated, or managed by the water utility; or (ii) with respect to which the water utility has withdrawal rights; (B) within the water utility's own service area in which more than one (1) basin is present; (C) under an agreement made before January 1, 2025, concerning the limitless exploration advanced pace district and any related development; (D) to an existing wholesale customer of the water utility as of July 1, 2025; or (E) to an affiliate of the water utility or, in the case of a water utility that is: (i) owned, operated, or held in trust by a consolidated city; or (ii) controlled by the board of directors for utilities of a consolidated city; to another water utility held in trust by the consolidated city or controlled by the board of directors for utilities of the consolidated city; or (2) subject to the Great Lakes-St. Lawrence River Basin Water Resources Compact (IC 14-25-15). As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-2 General assembly's findings; diversion of water between basins

Sec. 2. The general assembly finds that it is prudent to engage in planning for the future and to have an explicit mechanism in place to regulate proposals for the diversion of water from one basin to another, consistent with IC 14-25-3-3. As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-3 "Basin"

Sec. 3. As used in this chapter, "basin" means the following: (1) The Lake Michigan basin, which shall consist of all waters that are classified by the following eight (8) digit United States Geological Survey hydrologic unit codes: (A) 04040001 (the Little Calumet-Galien subbasin). (B) 07120003 (the Chicago subbasin). (2) The Kankakee basin, which shall consist of all waters that are classified by the following eight (8) digit United States Geological Survey hydrologic unit codes: (A) 07120001 (the Kankakee subbasin). (B) 07120002 (the Iroquois subbasin). (3) The Northeast basin, which shall consist of all waters that are classified by the following eight (8) digit United States Geological Survey hydrologic unit codes: (A) 04050001 (the St. Joseph subbasin). (B) 04100003 (the St. Joseph subbasin). (C) 04100004 (the St. Marys subbasin). (D) 04100005 (the Upper Maumee subbasin). (E) 04100007 (the Auglaize subbasin). (4) The Wabash Headwaters basin, which shall consist of all waters that are classified by the following eight (8) digit United States Geological Survey hydrologic unit codes: (A) 05120101 (the Upper Wabash subbasin). (B) 05120102 (the Salamonie subbasin). (C) 05120103 (the Mississinewa subbasin). (D) 05120104 (the Eel subbasin). (E) 05120105 (the Middle Wabash-Deer subbasin). (5) The North Central basin, which shall consist of all waters that are classified by the following eight (8) digit United States Geological Survey hydrologic unit codes: (A) 05120106 (the Tippecanoe subbasin). (B) 05120107 (the Wildcat subbasin). (C) 05120108 (the Middle Wabash-Little Vermilion subbasin). (D) 05120109 (the Vermilion subbasin). (E) 05120110 (the Sugar subbasin). (6) The Central basin, which shall consist of all waters that are classified by the following eight (8) digit United States Geological Survey hydrologic unit code: (A) 05120201 (the Upper White subbasin). (7) The Southeast Central basin, which shall consist of all waters that are classified by the following eight (8) digit United States Geological Survey hydrologic unit codes: (A) 05120204 (the Driftwood subbasin). (B) 05120205 (the Flatrock-Haw subbasin). (C) 05120206 (the Upper East Fork White subbasin). (8) The Southeast basin, which shall consist of all waters that are classified by the following eight (8) digit United States Geological Survey hydrologic unit codes: (A) 05080002 (the Lower Great Miami subbasin). (B) 05080003 (the Whitewater subbasin). (C) 05090203 (the Middle Ohio-Laughery subbasin). (D) 05120207 (the Muscatatuck subbasin). (E) 05140101 (the Silver-Little Kentucky subbasin). (F) 05140104 (the Blue-Sinking subbasin). (9) The Southwest basin, which shall consist of all waters that are classified by the following eight (8) digit United States Geological Survey hydrologic unit codes: (A) 05120111 (the Middle Wabash-Busseron subbasin). (B) 05120202 (the Lower White subbasin). (C) 05120203 (the Eel subbasin). (D) 05120208 (the Lower East Fork White subbasin). (E) 05120209 (the Patoka subbasin). (10) The Ohio River basin, which shall consist of all waters that are classified by the following eight (8) digit United States Geological Survey hydrologic unit codes: (A) 05120113 (the Lower Wabash subbasin). (B) 05140201 (the Lower Ohio-Little Pigeon subbasin). (C) 05140202 (the Highland Pigeon subbasin). As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-4 "Notable user"

Sec. 4. As used in this chapter, "notable user" means a person that transfers or proposes to transfer: (1) more than an annual average of thirty million (30,000,000) gallons of water per day; or (2) water from an area determined by the department under IC 14-25-3 to be a restricted use area. As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-5 Transfer of water from basin; transfer permit required; exceptions

Sec. 5. (a) Except as provided in subsection (b), a notable user may not: (1) transfer water out of a basin; or (2) supply water to another person that the notable user knows will transfer more than one hundred thousand (100,000) gallons of water per day out of a basin; without a transfer permit from the department. (b) A transfer permit is not required for: (1) the transfer of ground water, unless the transfer is determined by the department to result in perennial stream flow depletion; (2) subject to subsection (c), an existing or ongoing interbasin transfer as of July 1, 2025; (3) an interbasin transfer to an area of need during a temporary water emergency as described in section 11 of this chapter; or (4) an interbasin transfer if the destination of the transfer is situated upstream or downstream of the withdrawal point such that the natural flow of water is not disturbed. (c) A notable user must receive a transfer permit if an existing or ongoing interbasin transfer described in subsection (b)(2) exceeds the capacity of any system engaged in the interbasin transfer in any ninety (90) day period. For purposes of this subsection, the capacity of an existing system refers to: (1) withdrawal capacity; (2) treatment capacity; (3) distribution capacity; or (4) any other capacity limiting factor; as appropriate in the circumstances. As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-6 Permit application; required information; filing fee

Sec. 6. A notable user may submit an application for a transfer permit to the department. An application must contain the following: (1) The beneficial use (as defined in IC 14-25-7-2), purpose, and necessity of the proposed transfer. (2) The volume of the proposed transfer. (3) The location of all withdrawal, return, and transfer points related to the proposed transfer. (4) The volume of water that will be returned to the basin in connection with the proposed transfer. (5) The peak capacity of each transfer facility that would be involved in the proposed transfer, including evidence supporting the peak capacity. (6) An assessment of the hydraulic and environmental impact of the proposed transfer on the basin. (7) A feasibility assessment that considers whether alternate water sources not subject to this chapter could be used in place of the proposed transfer, including engineering, geological, environmental, and economic analyses. (8) A list of conservation programs or practices conducted or proposed by the notable user in the area where water is proposed to be transferred to. (9) The date the notable user intends to begin transferring water outside the basin. (10) A filing fee set by the department. (11) Any other information required by the department. As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-7 Department's review of application; determination of completeness; corrected application; approval of application; required findings

Sec. 7. (a) The department shall review an application submitted under section 6 of this chapter. If the department determines that the application submitted under section 6 of this chapter is complete, the department shall notify the applicant. (b) The department shall return an application to the applicant if the department determines that the application is incomplete, inaccurate, or both. (c) If the department returns an application to an applicant under subsection (b), the department shall include with the returned application a written notice that: (1) identifies the deficiency in the application; and (2) informs the applicant that the applicant may file a corrected application not later than sixty (60) days after the applicant's receipt of the returned application. (d) Upon receiving a corrected application under this section, the department shall review the application. (e) Not later than ninety (90) days after receiving a complete application, the department shall notify the applicant in writing as to whether the department has approved or denied the application. The department shall approve an application if the department determines that the transfer: (1) will not result in a perennial overdraft of a ground water resource or in a perennial stream flow depletion; and (2) is in the public interest, as described in IC 14-25-1-1 and IC 14-25-1-2. As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-8 Issuance of transfer permit; terms; periodic certification of compliance with terms

Sec. 8. (a) If the department approves an application under section 7 of this chapter, the department shall issue to the applicant a transfer permit. (b) A transfer permit may include any terms deemed reasonably necessary by the department. (c) A permittee shall file with the department at least once every five (5) years a certification of compliance with the terms of a transfer permit. As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-9 Transfer permit; nonexpiration

Sec. 9. Except as provided in section 10 of this chapter, a transfer permit does not expire. As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-10 Revocation, suspension, or modification of permit

Sec. 10. The department may revoke, suspend, or modify a transfer permit if any of the following apply: (1) A permittee violates the terms of the transfer permit. (2) A permittee obtained the transfer permit by fraud, misrepresentation, or other malfeasance. (3) A permittee fails to file a certification of compliance as described in section 8 of this chapter. (4) The public interest requires revocation, suspension, or modification. As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-11 Declaration of temporary water emergency

Sec. 11. The department may declare a temporary water emergency during periods of extended drought, natural disasters, significant utility outages, or other similar events. As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-12 Violation by notable user; civil penalty

Sec. 12. (a) The department may assess a civil penalty against a notable user that knowingly violates this chapter of not more than ten thousand dollars ($10,000) per day per violation. (b) All civil penalties collected under this chapter shall be deposited in the state general fund. As added by P.L.99-2025, SEC.4.

Ind. Code § 14-25-17-13 Authorization to adopt rules

Sec. 13. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.99-2025, SEC.4.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026