SECTION 12.352. Hydrologic Balance: Water Rights and Replacement

Any person who conducts surface mining activities 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 water supply has been adversely impacted by contamination, diminution, or interruption proximately resulting from the surface mining activities. Baseline hydrologic information required in §§12.126, 12.130, and 12.146 of this title (relating to Description of Hydrology and Geology: General Requirements, to Alternative Water Supply Information, and to Reclamation Plan: Protection of Hydrologic Balance) shall be used to determine the extent of the impact of mining upon ground water and surface water.

Source Note: The provisions of this §12.352 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.