82-4-253. Suit for damage to water supply. (1) An owner of an interest in real property who obtains all or part of a supply of water for domestic, agricultural, industrial, or other legitimate use from an underground source other than a subterranean stream having a permanent, distinct, and known channel may sue an operator to recover damages for contamination, diminution, or interruption of the water supply, proximately resulting from strip mining or underground mining.
(2) Prima facie evidence of injury in a suit under this section is established by the removal of coal or disruption of overlying aquifer from designated ground water areas as prescribed in Title 85, chapter 2, part 5. If the area is not a designated ground water area, a showing that the coal or overlying strata is an aquifer in that geographical location and that the coal or the overlying strata has been removed or disrupted shifts the burden to the defendant (operator) to show that the plaintiff's (owner's) water supply was not injured thereby.
(3) An owner of water rights adversely affected may file a complaint detailing the loss of water in quality and quantity with the department. Upon receipt of this complaint the department shall:
(a) investigate the complaint using all available information including monitoring data gathered at the mine site;
(b) require the defendant (operator) to install monitoring wells or other practices that may be needed to determine the cause of water loss, if there is a loss, in terms of quantity or quality;
(c) issue within 90 days a written finding specifying the cause of the water loss, if there is a loss, in terms of quantity or quality;
(d) order the mining operator in compliance with chapter 2 of Title 85 to replace the water immediately on a temporary basis to provide the needed water and within a reasonable time, replace the water in like quality, quantity, and duration, if the loss is caused by the strip-mining or underground-coal-mining operation; and
(e) order the suspension of the operator's permit for failure to replace the water, until such time as the operator provides substitute water.
(4) A servient tract of land is not bound to receive surface water contaminated by strip mining or underground mining on a dominant tract of land, and the owner of the servient tract may sue an operator to recover the damages proximately resulting from the natural drainage from the dominant tract of surface waters contaminated by strip mining or underground mining on the dominant tract.
(5) This section and 82-4-252 do not create, modify, or affect any right, liability, or remedy other than as expressly provided.
History: En. Sec. 22, Ch. 325, L. 1973; amd. Sec. 1, Ch. 295, L. 1975; amd. Sec. 29, Ch. 441, L. 1975; R.C.M. 1947, 50-1055(3) thru (5); amd. Sec. 293, Ch. 42, L. 1997; amd. Sec. 5, Ch. 98, L. 2013.
Structure Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Part 2. Coal and Uranium Mine Reclamation
82-4-202. Intent -- policy -- findings
82-4-205. Administration by department and board
82-4-206. Procedure for contested case hearings
82-4-207. Rulemaking -- in situ coal gasification
82-4-208. through 82-4-220 reserved
82-4-221. Mining permit required
82-4-222. Permit application -- application revisions
82-4-225. Application for increase or reduction in permit area
82-4-227. Refusal of permit -- applicant violator system
82-4-228. Designation of land unsuitable for coal mining
82-4-229. and 82-4-230 reserved
82-4-231. Submission of and action on reclamation plan
82-4-232. Area mining required -- bond -- alternative plan
82-4-233. Planting of vegetation following grading of disturbed area
82-4-234. Commencement of reclamation
82-4-235. Determination of successful revegetation -- final bond release
82-4-236. Vegetation as property of landowner
82-4-237. Operator to file annual reports
82-4-240. Reclamation of lands after bond forfeited
82-4-241. Receipts paid into general fund -- disposition of bond forfeiture money
82-4-242. Funds received by department
82-4-244. Coal and uranium mine permitting and reclamation program account
82-4-245. through 82-4-249 reserved
82-4-250. Operating permit revocation -- permit transfer
82-4-251. Noncompliance -- suspension of permits