WILLIAM DONALD SCHAEFER, Governor                    Ch. 481

(2)  THE PROPERTY OWNER SHALL REIMBURSE THE FUND FOR
ALL MONEYS EXPENDED BY THE DEPARTMENT TO REPLACE THE WATER SUPPLY
IF:

(I)  AFTER FINAL ADMINISTRATIVE AND JUDICIAL
REVIEW OF THE DEPARTMENT'S DETERMINATION OR ORDER ISSUED UNDER
SUBSECTION (C) OF THIS SECTION, IT IS DETERMINED THAT THE WATER
SUPPLY CONTAMINATION, DIMINUTION, OR INTERRUPTION DID NOT
PROXIMATELY RESULT FROM THE OPERATOR'S DEEP MINING OPERATION; AND

(II)  THE DEPARTMENT HAS EXPENDED MONEYS FROM
THE FUND TO REPLACE THE WATER SUPPLY.

(3)  (I) THE OPERATOR MAY REQUEST REIMBURSEMENT FROM
THE DEPARTMENT FOR THE ACTUAL DIRECT COSTS INCURRED BY THE
OPERATOR TO REPLACE THE WATER SUPPLY IF:

1.  AFTER FINAL ADMINISTRATIVE AND
JUDICIAL REVIEW OF THE DEPARTMENT'S DETERMINATION OR ORDER ISSUED
UNDER SUBSECTION (C) OF THIS SECTION, IT IS DETERMINED THAT THE
WATER SUPPLY CONTAMINATION, DIMINUTION, OR INTERRUPTION DID NOT
PROXIMATELY RESULT FROM THE OPERATOR'S DEEP MINING OPERATION; AND

2.  THE OPERATOR HAS REPLACED THE WATER
SUPPLY.

(II)  THE REQUEST SHALL BE IN WRITING, SIGNED BY
THE OPERATOR, AND INCLUDE A STATEMENT OF THE ACTUAL DIRECT COSTS
INCURRED BY THE OPERATOR TO REPLACE THE WATER SUPPLY AND A
STATEMENT THAT THE OPERATOR IS NOT ELIGIBLE FOR REIMBURSEMENT FOR
ALL OR ANY PART OF THE COSTS FOR WHICH REIMBURSEMENT IS REQUESTED
FROM ANY OTHER SOURCE.

(III)  THE DEPARTMENT SHALL REIMBURSE THE
OPERATOR FOR THE OPERATOR'S ELIGIBLE COSTS TO REPLACE THE WATER
SUPPLY FROM THE DEEP MINING FUND.

(G) (1) THE OPERATOR SHALL BE LIABLE FOR ANY EXPENDITURES
FROM THE DEEP MINING FUND IN EXCESS OF FUNDS RECEIVED FROM
FORFEITURE ON BONDS REQUIRED TO REPLACE THE WATER SUPPLY UNDER
SUBSECTION (E) OF THIS SECTION.

(2) THE DEPARTMENT MAY RECOVER FROM THE OPERATOR ALL
COSTS OF WATER SUPPLY REPLACEMENT IN EXCESS OF FUNDS RECEIVED
FROM FORFEITURE ON BONDS.

7-5A-09.

(c) The amount of the bond shall be equal to the amount the
[Secretary] DEPARTMENT determines to be the cost of reclamation
of the affected area. Liability under the bond shall be for the
duration of the mining operation, and for a period of five years
after the mine has been [abandoned or operations] completed,

- 3089 -