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14-25-15-10. Standard for determination of adverse impacts of water withdrawals

IN Code § 14-25-15-10 (2019) (N/A)
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Sec. 10. (a) The criterion of section 4.11.2 of the compact is met only if the withdrawal or consumptive use will be implemented so as to ensure that the proposal will result in no significant individual or cumulative adverse impacts to the quantity or quality of the waters and water dependent natural resources of either:

(1) The basin considered as a whole; or

(2) The Lake Michigan or Lake Erie watershed considered as a whole.

(b) Impacts of a withdrawal or consumptive use on the quantity or quality of waters and water dependent natural resources of more localized areas that affect less than:

(1) the basin considered as a whole; or

(2) the Lake Michigan or Lake Erie watershed considered as a whole;

are considered a part of the evaluation of reasonable use under section 4.11.5 of the compact.

(c) When determining whether there will be significant individual or cumulative adverse impacts under this section:

(1) consideration shall be given to the impacts incurred in a particular tributary or stream reach where those impacts are important to:

(A) the basin; or

(B) the Lake Michigan or Lake Erie watershed as a whole; and

(2) a judgment shall be made of the nature, degree, scope, and materiality of the impacts and the regional importance of those impacts to:

(A) the basin; and

(B) the Lake Michigan or Lake Erie watershed.

As added by P.L.4-2008, SEC.5.

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14-25-15-9. Study and findings by the general assembly
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14-25-15-11. Methods for determining consumptive use amounts