Ind. Code § 8-1-30.9-1 "Commission"
Sec. 1. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
As added by P.L.99-2025, SEC.1.
Ind. Code ch. 8-1-30.9
Ind. Code ch. 8-1-30.9
in effectInd. Code § 8-1-30.9-2 "Long haul water pipeline"
Sec. 2. (a) As used in this chapter, "long haul water pipeline" means a newly constructed, continuous pipeline that has the ability to transport water:
(1) at a capacity of at least ten million (10,000,000) gallons per day; and
(2) to a destination located at least thirty (30) miles from the withdrawal source.
(b) The term does not include:
(1) a project that will return at least fifty percent (50%) of the transported water after utilization back to the withdrawal source; or
(2) a pipeline project located, in whole or in part, inside the Great Lakes-St. Lawrence River basin (as defined in IC 14-25-15-1).
As added by P.L.99-2025, SEC.1.
Ind. Code § 8-1-30.9-3 "Water utility"
Sec. 3. As used in this chapter, "water utility" means:
(1) a public utility (as defined in IC 8-1-2-1(a));
(2) a municipally owned utility (as defined in IC 8-1-2-1(h));
(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
(4) a cooperatively owned corporation;
(5) a conservancy district established under IC 14-33; or
(6) a regional water district established under IC 13-26;
that provides water service to the public in Indiana for compensation.
As added by P.L.99-2025, SEC.1.
Ind. Code § 8-1-30.9-4 "Withdrawal source"
Sec. 4. As used in this chapter, "withdrawal source" means:
(1) a river, lake, reservoir, spring, or ground water aquifer; or
(2) the connection point with a water utility.
As added by P.L.99-2025, SEC.1.
Ind. Code § 8-1-30.9-5 Certificate of public convenience and necessity to construct long haul water pipeline; transfer, sale, or lease of long haul water pipeline; notice to commission
Sec. 5. (a) Except as provided in this chapter, the construction of a long haul water pipeline after June 30, 2025, is prohibited.
(b) After June 30, 2025, a water utility may construct a long haul water pipeline if the water utility first obtains from the commission a certificate that the public convenience and necessity requires, or will require, the construction of the long haul water pipeline.
(c) A certificate of public convenience and necessity under this chapter is not required for the transfer, purchase, sale, or lease of a long haul water pipeline that has been constructed in accordance with a certificate issued under this chapter. However, a person that transfers, sells, or leases a long haul water pipeline must provide written notice to the commission of the transfer, sale, or lease not later than sixty (60) days after the transfer, sale, or lease is finalized. Notice under this subsection shall be submitted in the form and manner prescribed by the commission and must include the name and contact information for the transferee, purchaser, or lessee. The commission may issue a general administrative order regarding the information to be included in a notice required under this subsection.
As added by P.L.99-2025, SEC.1.
Ind. Code § 8-1-30.9-6 Application for certificate; required information
Sec. 6. A water utility that seeks to construct a long haul water pipeline must submit an application to the commission for a certificate of public convenience and necessity. The application must include the following:
(1) The purpose and necessity of the long haul water pipeline, including a description of how the water being transported will be used and discharged.
(2) The volume of water to be transported via the long haul water pipeline.
(3) The location of the source water, transfer points, and destination of the water being transported via the long haul water pipeline.
(4) An assessment of the hydraulic carrying capacity of, and the environmental impact on, the receiving waters in the specific areas that will receive and eventually discharge the water resources.
(5) An assessment of the hydraulic and environmental impacts of the proposed water withdrawals on the source area.
(6) A feasibility assessment that includes a consideration of whether alternate water sources could be used instead of the proposed transfer, including engineering, geological, environmental, and economic analyses.
(7) A list of conservation programs or practices conducted or proposed by the water utility with respect to the area to which water is proposed to be transferred.
(8) The date the water utility intends to begin transferring water.
(9) An estimate of costs associated with the construction of the long haul water pipeline.
(10) The impact of the long haul water pipeline on customer rates.
(11) Any other information required by the commission.
As added by P.L.99-2025, SEC.1.
Ind. Code § 8-1-30.9-7 Public hearing; commission's order; required findings; revocation, suspension, or modification of certificate
Sec. 7. (a) The commission shall hold a public hearing on each application.
(b) The commission may consider all relevant information related to construction costs.
(c) The commission shall issue an order granting or denying a certificate of public convenience and necessity not later than two hundred forty (240) days after the date the application for the certificate and the applicant's case in chief are filed with the commission.
(d) The commission may issue a general administrative order establishing guidelines regarding the information to be included in the applicant's case in chief.
(e) The commission shall grant a certificate of public convenience and necessity only if the commission makes a finding:
(1) as to the best estimate of the construction costs based on the evidence of record;
(2) that the estimated costs described in subdivision (1) are reasonable;
(3) that the public convenience and necessity requires or will require the construction of the long haul water pipeline; and
(4) that the construction of the long haul water pipeline is in the public interest.
(f) The commission may approve or disapprove an application in whole or part, including any amendments to the application. A certificate issued by the commission under this chapter may include any terms considered reasonably necessary by the commission.
(g) The commission may revoke, suspend, or modify a certificate if any of the following apply:
(1) A water utility violates the terms of the certificate.
(2) A water utility obtained the certificate by fraud, misrepresentation, or other malfeasance.
As added by P.L.99-2025, SEC.1.
Ind. Code § 8-1-30.9-8 Commission's ongoing review of construction and costs; water utility's election to defer review until completion or cancellation of long haul water pipeline
Sec. 8. (a) Except as provided in subsection (b), the commission shall maintain an ongoing review of the construction of a long haul water pipeline as it proceeds. The applicant shall submit each year during construction, or at other times agreed to by commission and the water utility, a progress report and any revisions in the cost estimates for the construction.
(b) A water utility may elect to forego ongoing review under subsection (a) and defer the review of the construction and cost until completion or cancellation of the long haul water pipeline.
(c) If the commission approves the construction and the cost of the portion of the long haul water pipeline under review under this section, the certificate remains in full force and effect.
(d) If the commission disapproves of all or part of the construction or cost of the portion of the long haul water pipeline under review under this section, the commission may modify or revoke the certificate, subject to section 9 of this chapter.
As added by P.L.99-2025, SEC.1.
Ind. Code § 8-1-30.9-9 Water utility's recovery of costs incurred; inclusion in rate base or revenue requirement; completed construction; cancellation of project; construction subject to subsequent review; limitation on recovery of costs exceeding estimate
Sec. 9. Absent fraud, concealment, or gross mismanagement, a water utility shall recover through rates the actual costs the water utility has incurred in reliance on a certificate issued under this chapter as follows:
(1) If construction of a long haul water pipeline has been subject to ongoing review under section 8(a) of this chapter and the commission finds the construction of the long haul water pipeline has been completed, the costs of construction approved by the commission during the ongoing review shall be included, without further commission review, in:
(A) the water utility's rate base, in the case of a public utility; or
(B) the water utility's revenue requirement for extensions and replacements expense, depreciation expense, or debt service expense, as applicable, in the case of a:
(i) municipally owned utility;
(ii) not-for-profit utility;
(iii) conservancy district; or
(iv) regional water district.
(2) If construction of a long haul water pipeline is subject to subsequent review under section 8(b) of this chapter and the commission finds the construction of the long haul water pipeline to be completed, the costs of construction that do not exceed the estimate under section 7(e)(1) of this chapter, and that are not shown to result from inadequate quality controls, shall be included in:
(A) the water utility's rate base, in the case of a public utility; or
(B) the water utility's revenue requirement for extensions and replacements expense, depreciation expense, or debt service expense, as applicable, in the case of a:
(i) municipally owned utility;
(ii) not-for-profit utility;
(iii) conservancy district; or
(iv) regional water district.
However, inclusion of costs in excess of the estimate under section 7(e)(1) of this chapter in the water utility's rate base or revenue requirement is not permitted unless shown by the water utility to be necessary and prudent in the construction of the long haul water pipeline.
(3) If a long haul water pipeline has been canceled as a result of:
(A) the modification or revocation of the certificate under this chapter; or
(B) local permitting or other issues beyond the water utility's control;
and the long haul water pipeline's construction has been subject to ongoing review under section 8(a) of this chapter (including reviews after cancellation), the costs of construction approved by the commission during the review shall be recovered by the water utility by inclusion in rates and amortization over a reasonable time to be determined by the commission. A water utility that is a public utility shall be permitted to earn a return, computed using the water utility's authorized rate of return, on the unamortized balance.
(4) If a long haul water pipeline has been canceled as a result of:
(A) the modification or revocation of the certificate under this chapter; or
(B) local permitting or other issues beyond the water utility's control;
and the long haul water pipeline's construction is subject to subsequent review under section 8(b) of this chapter, the costs of construction incurred before cancellation that were included in the estimate under section 7(e)(1) of this chapter and that have not been shown to result from inadequate quality controls shall be recovered by the water utility by inclusion in rates and amortization over a reasonable time to be determined by the commission. A water utility that is a public utility shall be permitted to earn a return, computed using the water utility's authorized rate of return, on the unamortized balance. However, costs that were not included in the estimate under section 7(e)(1) of this chapter may not be included in rates unless shown by the water utility to be necessary and prudent in the construction of the long haul water pipeline.
As added by P.L.99-2025, SEC.1.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026