{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1030.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1030.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1030.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1030.html"}],"law_id":79896,"edition_id":1,"section_id":79896,"structure_id":16261,"section_number":"45.2-1030","catch_line":" Replacement of water supply","history":"1979, c. 290, \u00a7 45.1-258; 1993, c. 582; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe operator of any coal surface mining operation shall replace the water supply of an owner of interest in real property who obtains all or part of such owner’s 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 coal surface mining operation.B\n\nEvery underground coal mining operation shall promptly replace any drinking, domestic, or residential water supply from a well or spring that was in existence prior to the application for a surface coal mining and reclamation permit and that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations. Nothing in this subsection shall be construed to prohibit or interrupt underground coal mining operations.C\n\nEach operator of an underground coal mine shall record the daily progress of mining operations on one or more mine maps maintained at the mine site or in the company office. Such map shall, at a minimum, include information on the daily progress of mining operations and be maintained until the completion of the mining. The operator shall provide such map to the Division upon completion of mining and upon request of the Director.D\n\nIf the Director has ordered replacement of a water supply under subsection B and the operator subject to the order has failed to provide the required map in accordance with subsection C, then the Director’s replacement order shall not be overturned absent clear and convincing evidence to the contrary. Upon conclusion of an investigation, if the Director does not order replacement under the provisions of subsection B and reasonable access for a pre-mining survey was denied, the Director’s determination shall not be overturned absent clear and convincing evidence to the contrary.","order_by":null,"text":{"0":{"id":286177,"text":"The operator of any coal surface mining operation shall replace the water supply of an owner of interest in real property who obtains all or part of such owner’s 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 coal surface mining operation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286178,"text":"Every underground coal mining operation shall promptly replace any drinking, domestic, or residential water supply from a well or spring that was in existence prior to the application for a surface coal mining and reclamation permit and that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations. Nothing in this subsection shall be construed to prohibit or interrupt underground coal mining operations.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":286179,"text":"Each operator of an underground coal mine shall record the daily progress of mining operations on one or more mine maps maintained at the mine site or in the company office. Such map shall, at a minimum, include information on the daily progress of mining operations and be maintained until the completion of the mining. The operator shall provide such map to the Division upon completion of mining and upon request of the Director.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":286180,"text":"If the Director has ordered replacement of a water supply under subsection B and the operator subject to the order has failed to provide the required map in accordance with subsection C, then the Director’s replacement order shall not be overturned absent clear and convincing evidence to the contrary. Upon conclusion of an investigation, if the Director does not order replacement under the provisions of subsection B and reasonable access for a pre-mining survey was denied, the Director’s determination shall not be overturned absent clear and convincing evidence to the contrary.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16261,"edition_id":1,"name":"National Pollutant Discharge Elimination System Permit; Replacement of Water Supply","identifier":"3","label":"article","depth":5,"order_by":1,"parent_id":13540,"metadata":{},"date_created":"2026-06-26 04:11:32","date_modified":"2026-06-26 04:11:32","permalink":{"id":223819,"object_type":"structure","relational_id":16261,"identifier":"3","token":"45.2\/II\/C\/10\/3","url":"\/45.2\/II\/C\/10\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13540,"edition_id":1,"name":"Virginia Coal Surface Mining Control and Reclamation Act of 1979","identifier":"10","label":"chapter","depth":4,"order_by":1,"parent_id":13539,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223697,"object_type":"structure","relational_id":13540,"identifier":"10","token":"45.2\/II\/C\/10","url":"\/45.2\/II\/C\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13539,"edition_id":1,"name":"Surface Coal Mines","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223695,"object_type":"structure","relational_id":13539,"identifier":"C","token":"45.2\/II\/C","url":"\/45.2\/II\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65795,"structure_id":16261,"section_number":"45.2-1029","catch_line":" National Pollutant Discharge Elimination System permits","url":"\/45.2-1029\/","token":"45.2\/II\/C\/10\/3\/45.2-1029","metadata":false},{"id":79896,"structure_id":16261,"section_number":"45.2-1030","catch_line":" Replacement of water supply","url":"\/45.2-1030\/","token":"45.2\/II\/C\/10\/3\/45.2-1030","metadata":false}],"previous_section":{"id":65795,"structure_id":16261,"section_number":"45.2-1029","catch_line":" National Pollutant Discharge Elimination System permits","url":"\/45.2-1029\/","token":"45.2\/II\/C\/10\/3\/45.2-1029","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1030\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 290 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1993, chapter 582.<\/p>","references":false,"refers_to":false,"permalink":{"id":223825,"object_type":"law","relational_id":79896,"identifier":"45.2-1030","token":"45.2\/II\/C\/10\/3\/45.2-1030","url":"\/45.2-1030\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1030\/","token":"45.2\/II\/C\/10\/3\/45.2-1030","dublin_core":{"Title":" Replacement of water supply","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1030","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The operator<\/span> of any coal surface mining operation shall replace the water supply of an owner of interest in real property who obtains all or part of such owner’s 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 coal surface mining operation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every underground coal mining operation shall promptly replace any drinking, domestic, or residential water supply from a well or spring that was in existence prior to the application for a surface coal mining and reclamation permit<\/span> and that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations. Nothing in this subsection shall be construed to prohibit or interrupt underground coal mining operations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each operator<\/span> of an underground coal mine shall record the daily progress of mining operations on one or more mine maps maintained at the mine site or in the company office. Such map shall, at a minimum, include information on the daily progress of mining operations and be maintained until the completion of the mining. The operator<\/span> shall provide such map to the Division<\/span> upon completion of mining and upon request of the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the Director<\/span> has ordered replacement of a water supply under subsection B and the operator<\/span> subject to the order<\/span> has failed to provide the required map in accordance with subsection C, then the Director<\/span>’s replacement order<\/span> shall not be overturned absent clear and convincing evidence<\/span> to the contrary. Upon conclusion of an investigation, if the Director<\/span> does not order<\/span> replacement under the provisions of subsection B and reasonable access for a pre-mining survey was denied, the Director<\/span>’s determination shall not be overturned absent clear and convincing evidence<\/span> to the contrary. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n REPLACEMENT OF WATER SUPPLY (\u00a7 45.2-1030)\n\nA. The operator of any coal surface mining operation shall replace the water\nsupply of an owner of interest in real property who obtains all or part of such\nowner’s supply of water for domestic, agricultural, industrial, or other\nlegitimate use from an underground or surface source where such supply has been\naffected by contamination, diminution, or interruption proximately resulting\nfrom such coal surface mining operation.\n\nB. Every underground coal mining operation shall promptly replace any drinking,\ndomestic, or residential water supply from a well or spring that was in\nexistence prior to the application for a surface coal mining and reclamation\npermit and that has been affected by contamination, diminution, or interruption\nresulting from underground coal mining operations. Nothing in this subsection\nshall be construed to prohibit or interrupt underground coal mining operations.\n\nC. Each operator of an underground coal mine shall record the daily progress of\nmining operations on one or more mine maps maintained at the mine site or in the\ncompany office. Such map shall, at a minimum, include information on the daily\nprogress of mining operations and be maintained until the completion of the\nmining. The operator shall provide such map to the Division upon completion of\nmining and upon request of the Director.\n\nD. If the Director has ordered replacement of a water supply under subsection B\nand the operator subject to the order has failed to provide the required map in\naccordance with subsection C, then the Director’s replacement order shall\nnot be overturned absent clear and convincing evidence to the contrary. Upon\nconclusion of an investigation, if the Director does not order replacement under\nthe provisions of subsection B and reasonable access for a pre-mining survey was\ndenied, the Director’s determination shall not be overturned absent clear\nand convincing evidence to the contrary.\n\nHISTORY: 1979, c. 290, \u00a7 45.1-258; 1993, c. 582; 2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}