H. B. 2643


(By Delegates Douglas, Collins, Kuhn,
Davis and Capito)

[Introduced February 4, 1999; referred to the
Committee on the Judiciary.]



A BILL to amend and reenact section twenty-four, article three, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to water rights; requiring surface-mining operators to replace an owner's damaged underground water supply within a specific area; promulgation of rules.

Be it enacted by the Legislature of West Virginia:
That section twenty-four, article three, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.

§22-3-24. Water rights and replacement; waiver of replacement.

(a) Nothing in this article affects in any way the rights of any person to enforce or protect, under applicable law, the person's interest in water resources affected by a surface-mining operation.
(b) After determination by an inspector of the division of environmental protection of contamination, diminution or damage to an owner's underground water supply and if the owner's underground water supply
is within seven tenths of a mile of a surface-mining operation and a preblast survey was done on the owner's property including the underground water supply , the surface coal mining operator conducting the surface-mining operation shall replace within thirty days, the underground water supply with a like source. The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, defining contamination, diminution or damage, and detailing the procedure for replacing the water supply in a timely fashion, including a procedure for supplying an emergency water supply within seventy-two hours.
(b) (c) Any operator shall replace the water supply of an owner of interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution or interruption proximately caused by such surface-mining operation, unless waived by said owner.

NOTE: The purpose of this bill is to require surface-mining operators to replace an owner's damaged underground water supply within a specific area.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This bill has been recommended for passage by the Joint Standing Committee on Government Organization.