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New Water, Sewer Main Extension Rules Issued for Indiana Municipal Utilities

August 5, 2020 Elkhart | Fort Wayne | Indianapolis | South Bend

Earlier in 2020, the Indiana General Assembly adopted IC 8-1-2-101.5, which requires all municipalities to comply with the water and sewer main extension rules promulgated by the Indiana Utility Regulatory Commission (IURC).

The new statute applies to all main extension agreements entered into after June 30, 2020. All municipally owned sewer utilities are now covered by the IURC rules, even though municipal sewer utilities are not otherwise regulated by the IURC. The rules also apply to all municipal water utilities even if they have withdrawn from IURC jurisdiction.

What does this mean for municipalities? The core impact is that the extension rules govern how much the customer can be required to pay if they request a main extension and what opportunity must be given to the customer to recoup its investment as later customers tap onto the main.  

The IURC put together a handout about the new legislation and about its main extension rules.  

Another resource is the Indiana Administrative Code for the now applicable water main extension rules and sewer main extension rules.

For more information, please contact the Barnes & Thornburg attorney with whom you work or Nick Kile at 317-231-7768 or nicholas.kile@btlaw.com, Lauren Box at 317-231-7289 or lauren.box@btlaw.com, or Hillary Close at 317-231-7785 or hillary.close@btlaw.com.

© 2020 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is proprietary and the property of Barnes & Thornburg LLP. It may not be reproduced, in any form, without the express written consent of Barnes & Thornburg LLP.

This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

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