2023 Tennessee Code
Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144)
Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421)
Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133)
Section 59-8-122 - Protection of interest in water resources affected by mining operation - Replacement of water supply - Repair or compensation for subsidence damage

• (a) Nothing in this part affects the right of any person to enforce or protect, under applicable law, that person's interest in water resources affected by a mining operation.

• (b) The permittee or operator of a surface coal mine shall replace the water supply of an owner of an interest in real property who obtains all or part of that owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source when the water supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation.

• (c)
  • (1) Underground coal mining operations conducted in this state after October 24, 1992, shall:
    • (A) Promptly repair, or compensate for, material damage resulting from subsidence caused to any occupied residential dwelling and structures related thereto, or noncommercial building due to underground coal mining operations. Repair of damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and structures related thereto, or noncommercial building. Compensation shall be provided to the owner of the damaged occupied residential dwelling and structures related thereto, or noncommercial building and shall be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancelable premium-prepaid insurance policy; and
    • (B) Promptly replace any drinking, domestic, or residential water supply from a well or spring in existence prior to the application for a surface coal mining and reclamation permit that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations.
  • (2) Nothing in this subsection (c) prohibits or interrupts underground coal mining operations.

Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.

Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.