312 Ind. Admin. Code 11.8-1-3

Current through October 31, 2024

Section 312 IAC 11.8-1-3 - Contents of petition for mediation

Authority: IC 14-10-2-4; IC 14-25-1-8; IC 14-25-1-11

Affected: IC 14; IC 36-9-27.4; IC 36-9-28.7

Sec. 3.

A petition filed under section 2 of this rule must include the following information:

(1) The location of the dispute, including reference to an affected watershed.

(2) Names and addresses of persons believed necessary to resolve the dispute.

(3) Identification of the harm caused by human activity that results from a change in surface water quantity.

(4) Except as provided in subdivision (5), citation to a statutory section or sections of IC 14-25 through IC 14-29 that places jurisdiction in the department over the subject matter of the dispute. The petition must specify how the section or sections would authorize relief from the harm asserted in subdivision (3).

(5) For mediation of a dispute arising under IC 14-26-2, 312 IAC 11 applies.

(6) A showing the petitioner does not have an adequate remedy under IC 36-9-27.4 or IC 36-9-28.7. The showing is not met if the petitioner sought but was denied relief on the merits.

312 IAC 11.8-1-3

Natural Resources Commission; 312 IAC 11.8-1-3; filed May 22, 2013, 2:56 p.m.: 20130619-IR-312120554FRA

Readopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190010RFA