Section 312IAC16-5-8. Criteria for exempting an aquifer

   (a) An aquifer or a portion of an aquifer that is an underground source of drinking water may be determined under section 7 of this rule to be an exempted aquifer where the aquifer or portion of the aquifer:

(1) does not currently serve as a source of drinking water and cannot now and will not in the future serve as a source of drinking water because it is:

(A) mineral, hydrocarbon, or geothermal energy producing, or can be demonstrated by a permit applicant to contain minerals or hydrocarbons, that, considering their quantity and location, are expected to be commercially producible;

(B) situated at a depth or location that makes recovery of water for drinking water purposes economically or technologically impracticable; or

(C) so contaminated that to render that water fit for human consumption would be economically or technologically impracticable; or

(2) contains fresh water with more than three thousand (3,000) milligrams per liter of total dissolved solids and is not reasonably expected to supply a future user of fresh water.

  (b) For a Class II well, a demonstration of commercial producibility shall be made as follows:

(1) For an enhanced recovery well to be used in a field from which hydrocarbons were previously produced, commercial producibility shall be presumed by the department upon a demonstration by the applicant of historical production in the field.

(2) For a Class II well not located in a field containing an aquifer from which hydrocarbons were previously produced, to the extent available, the department shall consider logs, core data, formation description, formation depth, formation thickness, and formation parameters, such as permeability and porosity.

(Natural Resources Commission; 312 IAC 16-5-8; filed Feb 23, 1998, 11:30 a.m.: 21 IR 2340; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; readopted filed Mar 25, 2010, 2:57 p.m.: 20100421-IR-312100033RFA; readopted filed Sep 30, 2015, 12:13 p.m.: 20151028-IR-312150224RFA)