West Virginia Code § 22-4-16

Water rights and replacement; waiver of replacement
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(a) Nothing in this article affects the rights of any person to enforce or protect, under
applicable law, that person's interest in water resources affected by removal of mineral
resources.
(b) Any permittee shall replace the water supply of an owner of interest in real property who
obtains all or part of the owner's 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 caused by the mineral
removal and associated activities, unless right of replacement is uwaived by the owner or
unless the water supply is furnished by a public service district, municipality, government
entity or some other third party. t
(c) A public service district, municipality, government entity, or other party may contract
with a permittee to obtain water and waive the replacement of water supply if
contamination, diminution, or interruption should olccur.
(d) If the director determines that: (1) Contamination, diminution or damage to an owner's
underground water supply exists; and (2) tihe contamination, diminution, or damage to the
underground water supply could notg be due to seasonal variations, or other possible causes,
then the permittee shall upon receiving written notification from the director: (A) Provide an
emergency drinking water supply within twenty-four hours; (B) provide a temporary water
supply within seventy-two hours; (C) provide a permanent water supply within thirty days;
and (D) pay all reasonable costs incurred by the owner in securing a water supply: Provided,
That the permittee is entitled to recover the cost of replacing an owner's water supply if it is
determined that contamination, diminution, or damage to the water supply was not caused
by mineral removal activity of the permittee.

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