HB 1379

                                                            Introduced Version
           HOUSE BILL No. 1379
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-5-52.5; IC 14-8-2; IC 14-25-4.5.
Synopsis: Ground water. Establishes the ground water and aquifer
preservation task force to recommend water regulations to the
legislative council. Creates a two year moratorium on the establishment
of certain major ground water withdrawal facilities during the period
beginning May 1, 2026, and ending June 30, 2028. Provides an
exception to the moratorium.
Effective: Upon passage.
            Campbell, Aylesworth
   January 8, 2026, read first time and referred to Committee on Natural Resources.
2026  IN 1379—LS 6276/DI 150
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1379
    A BILL FOR AN ACT to amend the Indiana Code concerning
 natural and cultural resources.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 2-5-52.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]:
4    Chapter 52.5. Ground Water and Aquifer Preservation Task
5 Force
6    Sec. 1. As used in this chapter, "task force" refers to the ground
7 water and aquifer preservation task force established by section 2
8 of this chapter.
9    Sec. 2. The ground water and aquifer preservation task force is
10 established as a temporary task force serving the general assembly.
11    Sec. 3. (a) The task force consists of the following thirteen (13)
12 members:
13      (1) The chair of the senate utilities committee appointed by
14      the president pro tempore.
15      (2) The chair of the senate natural resources committee
16      appointed by the president pro tempore.
17      (3) One (1) additional member of the senate appointed by the
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1      president pro tempore.
2      (4) The ranking minority member of the senate utilities
3      committee appointed by the minority leader of the senate.
4      (5) The ranking minority member of the senate natural
5      resources committee appointed by the minority leader of the
6      senate.
7      (6) The chair of the house utilities, energy and
8      telecommunications committee appointed by the speaker.
9      (7) The chair of the house natural resources committee
10      appointed by the speaker.
11      (8) One (1) additional member of the house of representatives
12      appointed by the speaker.
13      (9) The ranking minority member of the house utilities,
14      energy and telecommunications committee appointed by the
15      minority leader of the house of representatives.
16      (10) The ranking minority member of the house natural
17      resources committee appointed by the minority leader of the
18      house of representatives.
19      (11) One (1) member who has experience in agriculture and
20      irrigation appointed by the governor.
21      (12) One (1) member who has experience in economic
22      development appointed by the governor.
23      (13) One (1) member who has experience in water
24      conservation and ground water hydrology or hydrogeology
25      appointed by the governor.
26    (b) A member appointed under subsection (a)(11) through
27 (a)(13) may not be a member of the general assembly.
28    (c) If a vacancy occurs on the task force, the appointing
29 authority that appointed the member whose position is vacant shall
30 appoint an individual to fill the vacancy.
31    (d) An individual appointed to fill a vacancy must have the
32 qualifications that the member appointed by the appointing
33 authority possessed.
34    (e) An individual appointed to fill a vacancy serves for the
35 remainder of the term of the member the individual is appointed
36 to succeed.
37    Sec. 4. (a) Seven (7) members of the task force constitute a
38 quorum.
39    (b) The affirmative vote of a majority of the members of the
40 task force is necessary for the task force to take official action
41 other than to meet and take testimony.
42    (c) The president pro tempore shall appoint one (1) member
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1 appointed under section 3(a)(1), 3(a)(2), or 3(a)(3) of this chapter
2 to serve as a co-chair. The speaker shall appoint one (1) member
3 appointed under section 3(a)(6), 3(a)(7), or 3(a)(8) of this chapter
4 to serve as a co-chair. The task force shall meet at the call of the
5 co-chairs.
6    Sec. 5. (a) The task force shall meet at least three (3) times in
7 calendar year 2026, and at least four (4) times in calendar year
8 2027.
9    (b) All meetings of the task force are open to the public in
10 accordance with and subject to IC 5-14-1.5. All records of the task
11 force are subject to the requirements of IC 5-14-3.
12    Sec. 6. The task force shall study the following issues:
13      (1) Ways to protect the public's interest against the potential
14      for excessive removal of ground water from one (1) part of
15      Indiana to another, including the criteria that should be
16      considered and the processes that should be followed before
17      large amounts of water can be moved.
18      (2) Strategies to improve ground water monitoring and to
19      track the supply and demand for water in Indiana and how to
20      pay for these tracking and monitoring networks.
21      (3) Whether the state should seek agreements with
22      neighboring states to protect water resources that cross state
23      borders.
24      (4) Whether the existing method of categorizing water users
25      as significant or nonsignificant is sufficient or whether new
26      categories of water users should be considered to distinguish
27      irrigators from major ground water users of the sort
28      associated with water intensive industries.
29      (5) How to balance conservation and stewardship of Indiana's
30      water resources with the opportunity to market Indiana's
31      water resources to compete for water intensive economic
32      activity.
33    Sec. 7. The task force shall:
34      (1) develop recommendations for the legislative council
35      concerning the issues set forth in section 6 of this chapter;
36      (2) prepare a report setting forth the task force's findings and
37      recommendations; and
38      (3) not later than December 1, 2027, submit the report to the
39      legislative council in an electronic format under IC 5-14-6.
40    Sec. 8. The legislative services agency shall provide staff support
41 to the task force.
42    Sec. 9. (a) Each member of the task force who is not a state
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1 employee is entitled to receive the same per diem, mileage, and
2 travel allowances paid to individuals who serve as legislative and
3 lay members, respectively, of interim study committees established
4 by the legislative council.
5     (b) Each member of the task force who is a state employee is
6 entitled to reimbursement for traveling expenses as provided under
7 IC 4-13-1-4 and other expenses actually incurred in connection
8 with the member's duties as provided in the state policies and
9 procedures established by the Indiana department of
10 administration and approved by the budget agency.
11     (c) Each member of the task force who is a member of the
12 general assembly is entitled to receive the same per diem, mileage,
13 and travel allowances paid to members of the general assembly
14 serving on interim study committees established by the legislative
15 council.
16     (d) Per diem, mileage, and travel allowances paid under this
17 chapter shall be paid from appropriations made to the legislative
18 council or the legislative services agency.
19     Sec. 10. This chapter expires July 1, 2028.
20     SECTION 2. IC 14-8-2-61.5 IS ADDED TO THE INDIANA CODE
21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
22 UPON PASSAGE]: Sec. 61.5. "County executive", for purposes of
23 IC 14-25-4.5, has the meaning set forth in IC 14-25-4.5-1.
24     SECTION 3. IC 14-8-2-118.2 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE UPON PASSAGE]: Sec. 118.2. "Ground water
27 withdrawal facility", for purposes of IC 14-25-4.5, has the meaning
28 set forth in IC 14-25-4.5-2.
29     SECTION 4. IC 14-8-2-157.7 IS ADDED TO THE INDIANA
30 CODE AS A NEW SECTION TO READ AS FOLLOWS
31 [EFFECTIVE UPON PASSAGE]: Sec. 157.7. "Major ground water
32 withdrawal facility", for purposes of IC 14-25-4.5, has the meaning
33 set forth in IC 14-25-4.5-3.
34     SECTION 5. IC 14-8-2-202, AS AMENDED BY P.L.39-2018,
35 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 UPON PASSAGE]: Sec. 202. (a) "Person" means, except as provided
37 in subsections (b) through (i), (j), an individual, a partnership, an
38 association, a fiduciary, an executor or administrator, a limited liability
39 company, or a corporation.
40     (b) "Person", for purposes of IC 14-12-2, has the meaning set forth
41 in IC 14-12-2-3.
42     (c) "Person", for purposes of IC 14-16, IC 14-22-28, IC 14-24,
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1 IC 14-26-2, IC 14-28-1, and IC 14-38-2, means an individual, a
2 partnership, an association, a fiduciary, an executor or administrator,
3 a limited liability company, a corporation, other legal entity, the state,
4 or an agency, a political subdivision, or another instrumentality of the
5 state.
6     (d) "Person", for purposes of IC 14-12-1, IC 14-12-2, IC 14-21,
7 IC 14-25 through IC 14-29, except as otherwise provided in this
8 section, IC 14-33, IC 14-34, and IC 14-37, means an individual, a
9 partnership, an association, a fiduciary, an executor or administrator,
10 a limited liability company, a corporation, or a governmental entity.
11     (e) "Person", for purposes of IC 14-22-31.5, has the meaning set
12 forth in IC 14-22-31.5-2.
13     (f) "Person", for purposes of IC 14-25-3, has the meaning set forth
14 in IC 14-25-3-1.
15     (g) "Person", for purposes of IC 14-25-4.5, has the meaning set
16 forth in IC 14-25-4.5-4.
17     (g) (h) "Person", for the purposes of IC 14-25-7, has the meaning set
18 forth in IC 14-25-7-5.
19     (h) (i) "Person", for purposes of IC 14-34, means an individual, a
20 partnership, a limited liability company, an association, a society, a
21 joint stock company, a firm, a company, a corporation, or other
22 business organization.
23     (i) (j) "Person", for purposes of IC 14-38-1, has the meaning set
24 forth in IC 14-38-1-2.
25     SECTION 6. IC 14-8-2-299.2 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE UPON PASSAGE]: Sec. 299.2. "Wabash River basin",
28 for purposes of IC 14-25-4.5, has the meaning set forth in
29 IC 14-25-4.5-5.
30     SECTION 7. IC 14-25-4.5 IS ADDED TO THE INDIANA CODE
31 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
32 UPON PASSAGE]:
33     Chapter 4.5. Moratorium on New Major Ground Water
34 Withdrawal Facilities
35     Sec. 1. As used in this chapter, "county executive" means the
36 board of commissioners of a county elected under IC 36-2-2-2.
37     Sec. 2. As used in this chapter, "ground water withdrawal
38 facility" means a facility that meets all of the following conditions:
39(1) The facility includes:
40(A) one (1) well; or
41(B) two (2) or more wells under common ownership or
42control.
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1(2) The well or wells described in subdivision (1) have, in the
2aggregate, from all sources and by all methods, the capability
3of withdrawing not more than nine million nine hundred
4ninety-nine thousand nine hundred ninety-nine (9,999,999)
5gallons of ground water from one (1) or more aquifers in one
6(1) day.
7(3) Either:
8(A) the facility is connected to existing pipeline facilities; or
9(B) plans for the facility include the connection of the
10facility to pipeline facilities;
11through which not more than four million nine hundred
12ninety-nine thousand nine hundred ninety-nine (4,999,999)
13gallons of ground water withdrawn by the well or wells to
14which subdivision (1) refers could be transported in one (1)
15day to a destination located at least twenty (20) miles from the
16well or wells.
17    Sec. 3. As used in this chapter, "major ground water withdrawal
18 facility" means a facility that meets all of the following conditions:
19(1) The facility includes:
20(A) one (1) well; or
21(B) two (2) or more wells under common ownership or
22control.
23(2) The well or wells described in subdivision (1) have, in the
24aggregate, from all sources and by all methods, the capability
25of withdrawing at least ten million (10,000,000) gallons of
26ground water from one (1) or more aquifers in one (1) day.
27(3) Either:
28(A) the facility is connected to existing pipeline facilities; or
29(B) plans for the facility include the connection of the
30facility to pipeline facilities;
31through which at least five million (5,000,000) gallons of
32ground water withdrawn by the well or wells to which
33subdivision (1) refers could be transported in one (1) day to a
34destination located at least twenty (20) miles from the well or
35wells.
36    Sec. 4. As used in this chapter, "person" means any of the
37 following:
38(1) An individual.
39(2) A corporation, including a body corporate and politic
40exercising public functions.
41(3) A limited liability company, partnership, trust, or
42unincorporated association.
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1(4) The state.
2(5) A unit (as defined in IC 36-1-2-23).
3(6) A board, a bureau, a commission, a division, a department,
4an officer, an agency, an authority, or an instrumentality of
5the state or of a unit.
6(7) Two (2) or more of the persons identified in subdivisions
7(1) through (6) acting in concert.
8    Sec. 5. As used in this chapter, "Wabash River basin" means the
9 area in:
10(1) Tippecanoe County;
11(2) Warren County;
12(3) Vermillion County;
13(4) Fountain County;
14(5) Parke County; and
15(6) Montgomery County;
16 that is drained by the Wabash River and the tributaries of the
17 Wabash River.
18    Sec. 6. Except as provided in sections 8, 9, and 10 of this chapter,
19 a person shall not establish a major ground water withdrawal
20 facility in the Wabash River basin during the period beginning
21 May 1, 2026, and ending June 30, 2028.
22    Sec. 7. Except as provided in section 9 of this chapter, no person
23 shall use state funding to plan the establishment of a major ground
24 water withdrawal facility in the Wabash River basin during the
25 period beginning May 1, 2026, and ending June 30, 2028.
26    Sec. 8. A county executive of a county located in the Wabash
27 River basin may adopt an order allowing a person to establish a
28 major ground water withdrawal facility in the county during the
29 period beginning May 1, 2026, and ending June 30, 2028. However,
30 if the proposed major ground water withdrawal facility will
31 withdraw water from or transport water through two (2) or more
32 counties, the county executive of each of these counties must adopt
33 an order allowing the establishment of a major ground water
34 withdrawal facility to proceed.
35    Sec. 9. The prohibitions in sections 6 and 7 of this chapter do not
36 apply to an operating ground water withdrawal facility that
37 increases its current:
38(1) withdrawal; or
39(2) pipeline;
40 capability by not more than two million (2,000,000) gallons of
41 ground water per day.
42    Sec. 10. The prohibitions in sections 6 and 7 of this chapter do
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1 not apply to the establishment or planning of a major ground
2 water withdrawal facility in the Wabash River basin for which a
3 contract concerning the establishment or planning of the major
4 ground water withdrawal facility was entered into before January
5 1, 2026.
6    Sec. 11. This chapter expires July 1, 2029.
7    SECTION 8. An emergency is declared for this act.
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