U.S. Code » Title 30 » Chapter CHAPTER 25— SURFACE MINING CONTROL AND RECLAMATION › Subchapter SUBCHAPTER VII— ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

30 U.S.C. § 1307

Water rights and replacement

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 30 CasesGoogle Scholar
(a) 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.(b) The operator of a surface 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 such supply has been affected by contamination, diminution, or interruption proximately resulting from such surface coal mine operation.(Pub. L. 95–87, title VII, § 717, Aug. 3, 1977, 91 Stat. 526.)
Notes of Decisions
Cited in 6 cases, 1982–2001 · leading case: Rose v. Oneida Coal Co., Inc.
Sort: Relevance Newest Treatment
Rose v. Oneida Coal Co., Inc. (1995) wva · cites it 5× “The plaintiffs appear to concede that at the time the surface water damage occurred, the federal provision which is in 30 U.S.C. § 1307 (1977) of the SMCRA 10 did not apply to underground mining as determined in National Wildlife Federation v.”
In Re Permanent Surface Mining Regulation Litigation (1985) dcd · cites it 4× “43991 (1983), which mirrors § 717, 30 U.S.C. § 1307 of SMCRA, and requires replacement of water supplies that have been adversely affected by surface mining operations, claiming that to the extent it would require mining operators with senior water rights to replace the water…”
Antco, Inc. v. Dodge Fuel Corp. (2001) wva · cites it 2× “Code, 22A-3-24(b), of the WVSCMRA nor its federal counterpart in 30 U.S.C. § 1307 of the SMCRA relating to the replacement of surface water, is applicable to the operation of an underground coal mine.”
Schultz v. Consolidation Coal Co. (1996) wva “Code, 22-3-24 (1994)], nor its federal counterpart in 30 U.S.C. § 1307 of the Surface Mining Control and Reclamation Act relating to the replacement of surface water, is applicable to the operation of an underground coal mine.”
Wiggins v. Brazil Coal and Clay Corp. (1983) ind “As required by the federal Surface Mining Act, Indiana has adopted the language of 30 U.S.C. § 1307 concerning water rights and replacements.”
Wiggins v. Brazil Coal and Clay Corp. (1982) indctapp “30 U.S.C. § 1307 . The successor trial judge, ruling on the motion to correct errors, held that he had no jurisdiction to enforce this provision.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.