312 IAC 12 — ARTICLE 12. WATER WELL DRILLING AND GROUND WATER

TITLE 312 NATURAL RESOURCES COMMISSION

ARTICLE 12. WATER WELL DRILLING AND GROUND WATER

Rule 1

312 IAC 12-1-1 312 IAC 12-1-1 Applicability

Rule 1. Definitions

312 IAC 12-1-1 Applicability

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39-2

Sec. 1. (a) The definitions in this rule apply throughout this article.

(b) The definitions contained in IC 25-39-2, 312 IAC 1, and 312 IAC 13-1 also apply to this article.

(Natural Resources Commission; 312 IAC 12-1-1; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1951; filed Feb 7, 2000, 3:31 p.m.: 23 IR 1366; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-1-2 312 IAC 12-1-2 "Available drawdown" defined

312 IAC 12-1-2 "Available drawdown" defined

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39

Sec. 2. "Available drawdown" means the distance between the static water level and the pump setting.

(Natural Resources Commission; 312 IAC 12-1-2; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1951; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-1-3 312 IAC 12-1-3 "Bedrock aquifer" defined

312 IAC 12-1-3 "Bedrock aquifer" defined

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39

Sec. 3. "Bedrock aquifer" means a consolidated water-bearing formation that has the ability to receive, store, and transmit water in amounts sufficient for the satisfaction of a beneficial use.

(Natural Resources Commission; 312 IAC 12-1-3; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1951; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-1-4 312 IAC 12-1-4 "Piezometric surface" defined

312 IAC 12-1-4 "Piezometric surface" defined

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39

Sec. 4. "Piezometric surface" means the level to which water will rise under its hydrostatic head in a well completed in a confined aquifer.

(Natural Resources Commission; 312 IAC 12-1-4; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1951; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-1-5 312 IAC 12-1-5 "Properly functioning well" defined

312 IAC 12-1-5 "Properly functioning well" defined

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39

Sec. 5. "Properly functioning well" means a nonsignificant ground water withdrawal facility that is reasonably believed to have furnished a normal supply of water until a failure that was caused by a substantial lowering of the level of ground water in the area.

(Natural Resources Commission; 312 IAC 12-1-5; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1951; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-1-6 312 IAC 12-1-6 "Saturated thickness" defined

312 IAC 12-1-6 "Saturated thickness" defined

Authority: IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39

Sec. 6. "Saturated thickness" means the thickness of the saturated portion of an aquifer.

(Natural Resources Commission; 312 IAC 12-1-6; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1951; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-1-7 312 IAC 12-1-7 "Static water level" defined

312 IAC 12-1-7 "Static water level" defined

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39

Sec. 7. "Static water level" means the level (including seasonal fluctuations) of water in a water well that is not influenced by pumping.

(Natural Resources Commission; 312 IAC 12-1-7; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1952; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-1-8 312 IAC 12-1-8 "Unconsolidated aquifer" defined

312 IAC 12-1-8 "Unconsolidated aquifer" defined

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39

Sec. 8. "Unconsolidated aquifer" means geologic materials or deposits, other than bedrock, that can receive, store, and transmit water in amounts that will satisfy a beneficial use. Examples of these geologic materials and deposits include sand and gravel.

(Natural Resources Commission; 312 IAC 12-1-8; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1952; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

Rule 2

312 IAC 12-2-1 312 IAC 12-2-1 Administration

Rule 2. Administration and Application

312 IAC 12-2-1 Administration

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 4-21.5; IC 14-25-4; IC 25-39

Sec. 1. This article is administered for the department by the division. Administrative review of an order under this article is made to the commission under IC 4-21.5 and 312 IAC 3-1.

(Natural Resources Commission; 312 IAC 12-2-1; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1952; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-2-2 312 IAC 12-2-2 Application

312 IAC 12-2-2 Application

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39

Sec. 2. (a) This article (or 310 IAC 16.5 before its repeal) applies to a water well constructed after December 31, 1991. The owner of a nonsignificant ground water facility constructed after December 31, 1991, which does not conform to the requirements of this article, is not entitled to the relief provided by IC 14-25-4.

(b) The recommended guidelines of the department contained in Information Bulletin No. 3, published at 9 IR 1242, apply to a water well constructed after December 31, 1985, through December 31, 1991. The owner of a nonsignificant ground water facility constructed during the period described in this subsection, which does not conform to the guidelines contained in Information Bulletin No. 3, is not entitled to the relief provided by IC 14-25-4.

(c) No well construction standards adopted by the commission apply to a well constructed before January 1, 1986.

(Natural Resources Commission; 312 IAC 12-2-2; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1952; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-2-3 312 IAC 12-2-3 Article subject to standards applicable to water well drillers and water well pump installers

312 IAC 12-2-3 Article subject to standards applicable to water well drillers and water well pump installers

Authority: IC 14-25-4-13

Affected: IC 14-25-4; IC 25-39

Sec. 3. (a) The well construction requirements set forth in this article are in addition to the requirements of IC 25-39 and 312 IAC 13.

(b) IC 25-39 and 312 IAC 13 control if a provision of this article conflicts with IC 25-39 or 312 IAC 13.

(Natural Resources Commission; 312 IAC 12-2-3; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1952; filed Feb 7, 2000, 3:31 p.m.: 23 IR 1366; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-2-4 312 IAC 12-2-4 Duty of water well drillers and water well pump installers to notify; water wells not conforming to this article

312 IAC 12-2-4 Duty of water well drillers and water well pump installers to notify; water wells not conforming to this article

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39

Sec. 4. (a) Before a ground water withdrawal facility that would not comply with IC 14-25-4 and this article is drilled or equipped, a water well driller or a water well pump installer must:

(1) advise a person, for whom a ground water withdrawal facility is drilled or equipped, of the provisions of IC 14-25-4 and this article; and

(2) obtain approval from the division for the installation of a water well or pumping equipment that does not comply with IC 14-25-4 and this article.

(b) A person may authorize a water well driller or a water well pump installer to drill or equip a water well that does not conform to this article if the water well is drilled or equipped to otherwise conform to IC 25-39 and 312 IAC 13. A water well authorized under this section is not unlawful, but the relief provided by IC 14-25-4 is unavailable to the owner of the well.

(Natural Resources Commission; 312 IAC 12-2-4; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1952; filed Feb 7, 2000, 3:31 p.m.: 23 IR 1367; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; filed Jan 23, 2015, 10:22 a.m.: 20150218-IR-312140204FRA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-2-5 312 IAC 12-2-5 Duty of owner of ground water withdrawal facility to provide access to division for inspections following a complaint

312 IAC 12-2-5 Duty of owner of ground water withdrawal facility to provide access to division for inspections following a complaint

Authority: IC 14-10-2-4; IC 14-25-4-13

Affected: IC 14-25-4-8; IC 25-39

Sec. 5. (a) The owner of a nonsignificant ground water withdrawal facility, who files a written complaint under IC 14-25-4-8, must provide access to the facility to any employee of the department so that the employee may perform inspections appropriate under IC 14-25-4 or this article.

(b) The owner of a nonsignificant ground water withdrawal facility must also provide any other information, known to the owner, that is needed to evaluate a loss of normal supply in the water well.

(Natural Resources Commission; 312 IAC 12-2-5; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1952; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

Rule 3

312 IAC 12-3-1 312 IAC 12-3-1 Water well drilling in an unconsolidated aquifer

Rule 3. Construction Standards

312 IAC 12-3-1 Water well drilling in an unconsolidated aquifer

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39

Sec. 1. (a) This section governs the drilling of a water well in an unconsolidated aquifer.

(b) A water well shall be equipped with casing that has an inside diameter of at least two (2) inches. The casing shall not be used as a suction pipe.

(c) The water well shall:

(1) be equipped with a pumping apparatus that provides at least twenty (20) feet of available drawdown; or

(2) penetrate the entire saturated thickness of the source aquifer and be equipped with a pumping apparatus that provides for the maximum available drawdown.

(d) An illustration of a suitable pump setting is as follows:

(Natural Resources Commission; 312 IAC 12-3-1; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1953; errata filed Apr 27, 1999, 4:46 p.m.: 22 IR 2883; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)

312 IAC 12-3-2 312 IAC 12-3-2 Water well drilling in a bedrock aquifer

312 IAC 12-3-2 Water well drilling in a bedrock aquifer

Authority: IC 14-10-2-4; IC 14-25-4-13; IC 14-25-4-17

Affected: IC 14-25-4; IC 25-39

Sec. 2. (a) This section governs the drilling of a water well in a bedrock aquifer.

(b) A water well shall be equipped with casing which has an inside diameter of at least two (2) inches. The casing shall not be used as a suction pipe.

(c) The water well shall:

(1) be equipped with a pumping apparatus that provides at least fifty (50) feet of available drawdown; or

(2) penetrate the entire saturated thickness of the source aquifer and equipped with a pumping apparatus that provides for the maximum available drawdown.

(d) An illustration of a suitable pump setting is as follows:

(Natural Resources Commission; 312 IAC 12-3-2; filed Feb 9, 1999, 5:08 p.m.: 22 IR 1953; errata filed Apr 27, 1999, 4:46 p.m.: 22 IR 2883; errata filed Dec 26, 2002, 9:58 a.m.: 26 IR 1565; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:29 a.m.: 20110824-IR-312110177RFA; readopted filed Jul 19, 2017, 3:47 p.m.: 20170816-IR-312170134RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230068RFA)