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Ala. Code § 9-16-97

Water Rights.

Known as the The Alabama Surface Mining Control and Reclamation Act

The act spans §§ 9-16-100 to 9-16-99 (38 sections).

Applied in 1 court decision — leading case 182 W. Va. 506 - Russell v. Island Creek Coal Co. (1989)

Most recently applied in 182 W. Va. 506 - Russell v. Island Creek Coal Co. (December 1989)

(Acts 1981, No. 81-435, p. 682, §29.)

(a) Nothing in this article 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.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.