Ky. Rev. Stat. § 350.421

Protection of water resources

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(1) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation or an underground coal mine. (2) Each permittee or operator of a surface or underground coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from the surface or underground coal mine. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 311, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 429, sec. 27, effective July 14, 1992. -- Created 1980 Ky. Acts ch. 62, sec. 37. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

Notes of Decisions
Cited in 2 cases, 1999–2010 · leading case: Star Run, Inc. v. Commonwealth Environmental & Public Protection Cabinet
Star Run, Inc. v. Commonwealth Environmental & Public Protection Cabinet (2010) kyctapp · cites it 13× “The remedial measures specified therein were 405 KAR 18:060 and KRS 350.421, to provide drinking water and connect the Conways to a temporary water supply pursuant to the first Notice of Noncompliance.”
Lewis v. Charolais Corp. (1999) kyctapp “” Lewis also insists that he is entitled to the protections set out in KRS 350.421. Again, we disagree. A reading of that statute makes clear that it was not intended to create any new rights, but merely provides an additional remedy for persons whose established water rights…”
— Ky. Rev. Stat. § 350.421(2) — 1 case
Star Run, Inc. v. Commonwealth Environmental & Public Protection Cabinet (2010) kyctapp “The remedial measures specified therein were 405 KAR 18:060 and KRS 350.421, to provide drinking water and connect the Conways to a temporary water supply pursuant to the first Notice of Noncompliance.”
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