312 IAC 25-1-124 "Replacement of water supply" defined

Sec. 124. (a) "Replacement of water supply", with respect to protected water supplies contaminated, diminished, or interrupted by surface or underground coal mining operations, means a provision of water supply on both a temporary and permanent basis equivalent to premining quantity and quality. Replacement includes a provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining water supplies. (b) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one (1) time payment in an amount that covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner. (c) If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.