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Ark. Code Ann. § 15-58-107

Water rights and replacement

Known as the Arkansas Surface Coal Mining and Reclamation Act

The act spans §§ 15-58-101 to 15-58-510 (46 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 1979, No. 134, § 35; A.S.A. 1947, § 52-969.

(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 or her interest in water resources affected by a surface coal mining operation.

(2) 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 or her 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 coal mine operation.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.