Sec. 6. (a) This section applies if the owner of a lot, parcel of real property, or building seeks to install (or to cause to be installed) a water service line or other infrastructure for the delivery of water utility service to the owner's lot, parcel of real property, or building:
(1) in or through a public right-of-way owned or controlled by a unit; and
(2) for the purpose of connecting the owner's lot, parcel of real property, or building to a waterworks that is owned or operated by a water utility other than a water utility owned or operated by the unit;
regardless of whether the proposed installation will be accomplished by excavation, directional boring, or any other commonly used method of installation.
(b) An owner may not install a water service line or other infrastructure as described in subsection (a) unless:
(1) the water utility that owns or operates the waterworks executes a service agreement with the owner of the lot, parcel, or building;
(2) the water service line or other infrastructure does not extend outside the regulated territory, if any, in which the property is located; and
(3) the owner obtains all permits and approvals that are required by the state and the unit in which the lot, parcel, or building is located for installation of the water service line or other infrastructure.
(c) This subsection does not apply to the Indiana department of transportation with respect to any right-of-way owned or controlled by the department. A unit may not prohibit the installation of a water service line or other infrastructure as described in subsection (a) in or through a public right-of-way owned or controlled by the unit if the following conditions are met:
(1) The lot, parcel of real property, or building that the property owner seeks to connect to a waterworks is served by a private water well.
(2) The property owner submits before the installation of the water service line or other infrastructure, and not later than the date of application for all necessary construction or other permits required for the project, a signed statement agreeing to do the following:
(A) Abandon and plug the property owner's existing well in accordance with IC 25-39-2-14 and rules adopted under IC 25-39.
(B) Restore or repair all public or private property damaged in carrying out the installation described in subsection (a) and to place the property in the property's original condition as nearly as practicable, in accordance with the requirements of the unit that owns or controls the right-of-way, regardless of whether the restoration or repair will be undertaken or performed by the property owner, by the owner or operator of the waterworks to which the property is to be connected, or by some other party.
As added by P.L.150-2019, SEC.2.