Sec. 9. If an investigation under section 8 of this chapter discloses: (1) that the well has: (A) failed to furnish the well's normal supply of water; or (B) based upon reasonable evidence of prior potability supplied by the owner, failed to furnish potable water; (2) that there has been a substantial lowering of the level of ground water in the area that has resulted in the failure of the well to: (A) furnish the well's normal supply of water; or (B) furnish potable water if the failure is caused by natural variations in the potability of water in the source aquifer; (3) that the well and the well's equipment were functioning properly at the time of the failure; (4) that the failure of the well was caused by the lowering of the ground water level in the area; (5) that the lowering of the ground water level is such that the ground water level: (A) exceeds normal seasonal water level fluctuations; and (B) substantially impairs continued use of the ground water resource in the area; and (6) that the lowering of the ground water level was caused by at least one (1) significant ground water withdrawal facility; the director shall, by temporary order, declare a ground water emergency. [Pre-1995 Recodification Citation: 13-2-2.5-3(b).]
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