Section 312IAC6.3-4-1. Water allocation factors

   This section establishes the following factors that the commission shall consider in reviewing, and for acting upon, a person's written request for the provision of certain minimum quantities of stream flow or for the sale of water on a unit pricing basis:

(1) The terms, conditions, and purposes of the authorizing legislation.

(2) The likelihood of adverse effects to:

(A) public safety;

(B) the environment;

(C) navigation; or

(D) recreation.

(3) The availability of another source of water to the person making the request.

(4) The proximity to the reservoir of any person that would receive water from the person making the request.

(5) Water allocation priorities for use of the water as follows:

(A) First priority is for the use of water for domestic purposes as described in IC 14-25-1-3.

(B) Second priority is for the use of health and safety.

(C) Third priority is for power production that meets the contingency planning provisions of the drought alerts described in 312 IAC 6.3-5-2.

(D) Fourth priority is for industry and agriculture (not described in clause (A), (B), or (C)) that meets the contingency planning provisions of the drought alerts described in 312 IAC 6.3-5-2.

(E) Fifth priority is for a purpose described in clause (C) or (D) that does not meet the contingency planning provisions of the drought alerts described in 312 IAC 6.3-5-2.

(F) Sixth priority is for any other purpose.

(6) If the person making the request provides water to others (and the others provide for uses that include multiple priorities under subdivision (5)), the extent to which the person demonstrates an ability to implement the priorities for water allocation that are set by subdivision (5).

(Natural Resources Commission; 312 IAC 6.3-4-1; filed Nov 5, 2008, 2:32 p.m.: 20081203-IR-312080131FRA; readopted filed Jul 17, 2014, 3:47 p.m.: 20140813-IR-312140097RFA)