Section 312IAC25-6-87. Underground mining; hydrologic balance; transfer of wells

   (a) An exploratory or monitoring well may only be transferred by the person who conducts underground mining activities for further use as a permanent water well with the prior approval of the director. That person and the surface owner of the lands where the well is located shall jointly submit a written request to the director for that approval.

  (b) Upon an approved transfer of a well, the transferee shall:

(1) assume primary liability for damages to persons or property from the well;

(2) plug the well when necessary, but in no case later than abandonment of the well; and

(3) assume primary responsibility for compliance with sections 72 through 74 of this rule with respect to the well.

  (c) Upon an approved transfer of a well, the transferor shall be secondarily liable for compliance with sections 72 through 74 of this rule until release of the bond or other equivalent guarantee required by 312 IAC 25-5 for the area in which the well is located. (Natural Resources Commission; 312 IAC 25-6-87; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3557, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA)