312 Ind. Admin. Code 6.3-3-5

Current through October 31, 2024

Section 312 IAC 6.3-3-5 - Commission action on contract and subsequent approvals

Authority: IC 14-10-2-4; IC 14-25-2-5

Affected: IC 4-21.5-2-5; IC 5-14-1.5; IC 14-25-2-2

Sec. 5.

(a) During a public meeting under IC 5-14-1.5, the commission may deliberate as to whether to approve a person's written request for the:

(1) provision of certain minimum quantities of stream flow; or

(2) sale of water on a unit pricing basis.

(b) The commission shall include in its deliberations a consideration of the following:

(1) The standards provided by IC 14-25-2 and this article.

(2) The report of the advisory council submitted under section 4(e) of this rule.

(3) Other statements or documents the commission elects to receive before or during the meeting.

(c) Consistent with subsection (b), the commission:

(1) shall determine to approve, condition, or deny a person's request; and

(2) may elect to execute a contract under IC 14-25-2-2(a)(1).

If the commission elects to execute a contract, the contract shall be delivered to the division. A determination under this subsection is governed by IC 4-21.5-2-5(11).

(d) Within twenty (20) days after receiving a contract delivered under subsection (c), the division shall submit the memorandum required under IC 14-25-2-2(c)(2) to the governor for the governor's consideration.

(e) A contract executed by the commission under subsection (c) is subject to approval by each of the following:

(1) The attorney general.

(2) The governor.

(3) The person desiring the use.

312 IAC 6.3-3-5

Natural Resources Commission; 312 IAC 6.3-3-5; filed Nov 5, 2008, 2:32 p.m.: 20081203-IR-312080131FRA; Readopted filed 7/17/2014, 3:47 p.m.: 20140813-IR-312140097RFA

Readopted filed 5/20/2020, 9:56 a.m.: 20200617-IR-312200180RFA