Montana Code Annotated
Part 3. Metal Mine Reclamation
82-4-355. Action for damages to water supply -- replacement

82-4-355. Action for damages to water supply -- replacement. (1) An owner of an interest in real property who obtains all or part of the owner's supply of water for beneficial uses, as defined in 85-2-102, from an underground source other than a subterranean stream having a permanent, distinct, and known channel may sue the operator engaged in an operation for which a license is required pursuant to 82-4-332 or for which a permit is required pursuant to 82-4-335 to recover damages for loss in quality or quantity of the water supply resulting from mining or exploration. The owner is required to exhaust the administrative remedy under subsection (2) prior to filing suit.
(2) (a) An owner described in subsection (1) may file a complaint with the department detailing the loss in quality or quantity of water. Upon receipt of a valid complaint, the department:
(i) shall investigate the statements and charges in the complaint using all available information, including monitoring data gathered at the exploration or mine site;
(ii) may require the operator, if necessary, 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 and quality;
(iii) shall issue a written finding specifying the cause of the water loss, if there is a loss, in terms of quantity and quality;
(iv) shall, if it determines that the preponderance of evidence indicates that the loss is caused by an exploration or mining operation, order the operator, in compliance with Title 85, chapter 2, to provide the needed water immediately on a temporary basis and within a reasonable time replace the water in like quality, quantity, and duration. If the water is not replaced, the department shall order the suspension of the operator's exploration or operating permit until the operator provides substitute water, except that nothing in this section preempts the application of Title 85, chapter 2. The operator may not be required to replace a junior right if the operator's withdrawal or dewatering is not in excess of the operator's senior right.
(b) If the department determines that there is a great potential that surface or subsurface water quality and quantity may be adversely affected by a mining or exploration operation, the operator shall install a water quality monitoring program or a water quantity monitoring program, or both, which must be approved by the department prior to the commencement of exploration or mining.
History: En. Sec. 5, Ch. 345, L. 1985; amd. Sec. 8, Ch. 637, L. 1991; amd. Sec. 2734, Ch. 56, L. 2009.

Structure Montana Code Annotated

Montana Code Annotated

Title 82. Minerals, Oil, and Gas

Chapter 4. Reclamation

Part 3. Metal Mine Reclamation

82-4-301. Legislative intent and findings

82-4-302. Purpose

82-4-303. Definitions

82-4-304. Exemption -- works performed prior to promulgation of rules

82-4-305. Exemption -- small miners -- written agreement

82-4-306. Confidentiality of application information

82-4-307. Review of existing files

82-4-308. Release by waiver

82-4-309. Exemption -- operations on federal lands

82-4-310. Exemption -- scale and type of activity

82-4-311. Disposition of fees, fines, penalties, and other uncleared money

82-4-312. Hard-rock mining reclamation debt service fund

82-4-313. Hard-rock mining reclamation bonds

82-4-314. Authorization for sale of hard-rock mining reclamation bonds

82-4-315. Hard-rock mining reclamation special revenue account

82-4-316. through 82-4-320 reserved

82-4-321. Administration

82-4-322. Investigations, research, and experiments

82-4-323. Interagency cooperation -- receipt and expenditure of funds

82-4-324. through 82-4-330 reserved

82-4-331. Exploration license required -- employees included -- limitation

82-4-332. Exploration license

82-4-333. Repealed

82-4-334. Exception -- geological phenomena

82-4-335. Operating permit -- limitation -- fees

82-4-336. Reclamation plan and specific reclamation requirements

82-4-337. Inspection -- issuance of operating permit -- modification, amendment, or revision

82-4-338. Performance bond

82-4-339. Annual report of activities by permittee -- fee -- notice of large-scale mineral developer status

82-4-340. Successor operator

82-4-341. Compliance -- reclamation by department

82-4-342. Amendment to operating permits

82-4-343. Operating permit -- rock products -- fees

82-4-344. through 82-4-348 reserved

82-4-349. Limitations of actions -- venue

82-4-350. Award of costs and attorney fees

82-4-351. Reasons for denial of permit

82-4-352. Reapplication with new reclamation plan

82-4-353. Administrative remedies -- notice -- appeals -- parties

82-4-354. Mandamus to compel enforcement

82-4-355. Action for damages to water supply -- replacement

82-4-356. Action in response to complaints related to use of explosives

82-4-357. Abatement of environmental emergencies

82-4-358. and 82-4-359 reserved

82-4-360. When activity prohibited -- exception

82-4-361. Violation -- penalties -- waiver

82-4-362. Suspension of permits -- hearing

82-4-363. through 82-4-366 reserved

82-4-367. Long-term or perpetual water treatment permanent trust fund

82-4-368. through 82-4-370 reserved

82-4-371. Reclamation of abandoned mine sites

82-4-372. Filing of lien for abandoned mine reclamation project

82-4-373. and 82-4-374 reserved

82-4-375. Engineer of record -- duties

82-4-376. Tailings storage facility -- design document -- fee

82-4-377. Independent review panel -- selection -- duties

82-4-378. Quality assurance during construction

82-4-379. Tailings operation, maintenance, and surveillance manual

82-4-380. Periodic review required

82-4-381. Annual inspections

82-4-382. through 82-4-389 reserved

82-4-390. Cyanide heap and vat leach open-pit gold and silver mining prohibited