312 IAC 25-6-87 Underground mining; hydrologic balance; transfer of wells

Sec. 87. (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.