H. B. 2113
(By Delegate Prunty)
[Introduced January 20, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend article two, chapter twenty-two-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated
section seventy-five-a, relating to prohibiting mining
under perennial or intermittent streams.
Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty-two-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seventy-five-a, to read as follows:
ARTICLE 2. UNDERGROUND MINE MAPS.
§22A-2-75a. Mining under streams.
Unless a coal operator can demonstrate to the satisfaction
of the director that no loss in flow or water quality will
result, no coal or other mineral may be removed from beneath the
bed of any perennial or intermittent creek or stream or within a
projected distance of fifty feet from the high water mark of any
such creek or stream.
NOTE: This bill prohibits mining beneath a stream without
approval of the director the Division of Mines and Minerals.
This section is new; therefore, strike-throughs and
underscoring have been omitted.