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IffiA 96-90, 96-91 <br />an abuse of discretion. Appellants are clearly incorrect in their asser- <br />tion that it is not their "responsibility to prove the mine DID cause the <br />damage -the mine should prove Chat they didn't." (SOR 96-91 at 9.) <br />A. Tara cL4g <br />We turn first to the appeal (IBIA 96-90) relating to Violation 1 of <br />the '~I appellants' water well. <br />[2] Appellants a*_m,P that the loss of their water supply constitutes <br />a violation of section 720(a)(2) of SMCRA, 30 U.S.C. § 1309a(a)(2) (1994), <br />and 30 C.F.R. § 817.41(j), and their State equivalents. g/ Section 720 (a) <br />of SNL32A provides, in relevant part, that: <br />... <br />coal:, mining; operati.cs~s,-: o~cted after .. -_ - <br />. ,.-October 24; 1992,...sha11 oa-ply with:*'~ *.the.following <br />r+eq~i.+~atpsrts: <br />+ ,- * + • • r <br />(2) Pra~ptly replace any dririldng, datestic, or <br />residential water supply fran a well or spring in e~d.stence <br />prior to the application for a surface coal mining aryl recla- <br />maticm permit, which has been affected by contaminatica~, dimin- <br />ution, or interruption resulting frtm undergirotmd opal mining <br />operations. <br />30 U.S.C. § 1309a(a) (1994). Tb the same effect is 30 C.F.R. § 817.41(j). <br />the applicable State regulation, 2 Flo. Code Begs. § 4.05.15 (1991), <br />specifically provides, in pertinent part, that: <br />Any person who cor~rcts * ~ * „*~~*q**^~ mining activi- <br />ties shall replace the water supply of any owner of a vested <br />water right which is pzrndn~ately injured as a result of the <br />minirx3 activities in a master consistent with applicable State <br />law. <br />Our initial inquiry is whether or not the well in question consti- <br />tutes a "d*~ ^_ki TEQ, da~siesti.c, or residential water supply" within the <br />4 Section 720(a)(2) of SN1~tA was added by sectic4t 2504(a)(1) of the <br />IIiergy Policy Act of 1992,. Pub. L. No. 102-486, 106 Stat. 2776, 3104, <br />C¢1 Oct. 24, 1992, as a result of the court's Jan. 29, 1988, decision in <br />Nati a1 Wi1_ 1; pra ;~, y. (rlal, 839 F.2d 694, 753-54 (D.C. Cir.), <br />holding that section 717 (b) of SP4CEtA, 30 U.S.C. § 1307 (b) (1994), per- <br />taining to the replacernnt of a water supply adversely affected by a "sur- <br />face coal mine. operation,!' did not apply in the. case of damsge caused by <br />an iataergrv~url opetaticar.. . . <br />151' •IHT1~r:299 ,' <br /> <br />