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1998 SESSION

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980386460
HOUSE BILL NO. 1220 Offered January 26, 1998 A BILL to amend the Code of Virginia by adding a section numbered 45.1-361.41:1, relating to coalbed methane operations. ---------- Patrons-- Stump, Kilgore, Phillips and Tate; Senator: Reasor ---------- Referred to Committee on Mining and Mineral Resources ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 45.1-361.41:1 as follows:

§ 45.1-361.41:1. Replacement of water supply.

If any water supply of an owner of an interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source has been affected by contamination, diminution, or interruption proximately resulting from a coalbed methane gas well operation, the operator of such operation shall:

1. Until such time as a permanent water supply replacement can be achieved, immediately take temporary measures at his own expense to replace any drinking, domestic or residential water supply; and

2. Within a reasonable time after the occurrence of such contamination, diminution or interruption, provide a permanent water supply replacement which shall meet or exceed the quality and quantity of such water supply prior to the contamination, diminution or interruption. Any expenses related to the provision or maintenance of such replacement water supply shall be the responsibility of the operator.