444.905. Severability--rights retained--replacement of water--explosives regulations.
Severability--rights retained--replacement of water--explosivesregulations.
444.905. 1. If any provision of this law or theapplicability thereof to any person or circumstance is heldinvalid, the remainder of this law and the application of suchprovision to other persons or circumstances shall not be affectedthereby.
2. Nothing in this law shall be construed as affecting inany way the right of any person to enforce or protect, underapplicable law, his interest in water resources affected by asurface coal mining operation.
3. The operator of a surface coal mine shall replace thewater supply of an owner of interest in real property who obtainsall or part of his supply of water for domestic, agricultural,industrial, or other legitimate use from an underground orsurface source where such supply has been affected bycontamination, diminution, or interruption proximately resultingfrom such surface coal mine operation.
4. In accordance with this law, the commission shallpromulgate regulations requiring the training, examination, andcertification of persons engaging in or directly responsible forblasting or use of explosives in surface coal mining operations.
(L. 1979 H.B. 459)