SB 4

Official digest

Prohibits a water utility from constructing a long haul water pipeline unless the water utility first obtains a certificate of public convenience and necessity (CPCN) from the Indiana utility regulatory commission (IURC). Sets forth specified information that an application for a CPCN must include. Sets forth specified findings that the IURC must make before granting a CPCN. Sets forth conditions under which a water utility may recover through rates the actual costs the water utility incurs in reliance on a CPCN issued by the IURC. Provides that a person that transfers, sells, or leases a long haul water pipeline must provide written notice to the IURC of the transfer, sale, or lease not later than 60 days after the transfer, sale, or lease is finalized. Prohibits a person that transfers or proposes to transfer: (1) more than an annual average of 30,000,000 gallons of water per day out of a basin; or (2) water from a restricted use area; from transferring water out of a basin, or supplying water to another person that the person knows will transfer more than 100,000 gallons of water out of a basin, without first obtaining a transfer permit from the department of natural resources (department). Sets forth specified information that must be included in an application for a transfer permit. Provides that a transfer permit is required for an existing or ongoing interbasin transfer (as of July 1, 2025) if the existing or ongoing transfer exceeds the capacity of any system engaged in the interbasin transfer in any 90 day period. Provides that the department shall approve an application for a permit if the department determines that the transfer: (1) will not result in a perennial overdraft of a ground water resource or in a perennial stream flow depletion; and (2) is in the public interest, as described in the Indiana Code section concerning beneficial uses of Indiana's surface water resources. Provides that a transfer permit: (1) does not expire; and (2) may be renewed, revoked, suspended, or modified in certain circumstances. Provides that the department may assess a civil penalty for violations of these provisions.