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14-25-4-18. Measure of compensation

IN Code § 14-25-4-18 (2019) (N/A)
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Sec. 18. Timely and reasonable compensation under section 17 of this chapter consists of and is limited to the following:

(1) The immediate temporary provision at the prior point of use of an adequate supply of potable water.

(2) Reimbursement of expenses reasonably incurred by the complainant to do the following:

(A) Obtain an immediate temporary provision at the prior point of use of an adequate supply of potable water.

(B) Provide timely and reasonable compensation as provided in subdivision (3)(A) and (3)(B).

(3) Either:

(A) the restoration of the affected nonsignificant ground water withdrawal facility to the facility's former relative capability;

(B) the permanent provision at the point of use of an alternative potable supply of equal quantity; or

(C) the permanent restriction or scheduling of the ground water withdrawals of the significant ground water withdrawal facility so that the affected water well continues to produce:

(i) the well's normal supply of water; or

(ii) the normal supply of potable water if the well normally furnishes potable water.

[Pre-1995 Recodification Citation: 13-2-2.5-10(b).]

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

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14-25-4-17. Right to compensation for impairment of nonsignificant ground water withdrawal facilities
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14-25-4-19. Refusal of compensation