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IBLA 96-90, 96-91 <br />[neaning of 3+C12A, because; even if the recorsi shows a dimirnition of the <br />water supply, ffitI is only liable if the crater supply is subject to <br />rep].aoanazt <br />Under the regulatica~s at 30 C.F.R. § 701.5, the phrase "drinkux3, <br />darestic,. or residential water supply," as used in 30 U.S.C. § 1309a(a)(2) <br />(1994), is defined as <br />water received fra[t a well or spring and any appurtenant <br />delivery system that provides water for direct human ccnsimg- <br />ticm or household use. Wells and springs that serve only <br />agricultural, coRmercial or inlustrial enterprises are not <br />included except to the extent the water supply is for direct <br />human ccros~tion.or human sanitation, or darestic use. <br />Appellants argue that the water well In question, which was designed <br />to supply water for livesto~c, provides water fora "domestic use" under <br />the regulation. On the other hand, 039 asserts that use for livestock <br />purposes in this case is not domestic use and any rjimirnttion in that sup- <br />ply was not a violation of section 720 (a) of 3dQ2A, 30 U.S.C. § 1309a(a) <br />(1994). ' <br />03d refers to the follaainy language in the regulatory px2arnble: <br />OSM concludes that the terns "domestic" and "residential" are <br />intended to have broader meanixlg than merely Arinking water for <br />htiman oons~tion. Rather, these terms -eas,;..ably shwld be <br />understood to include a full range of doneatic uses, including <br />irrigation of non-oanrescial gardens and agricultural fields, <br />and use of well and spring water for household purposes other <br />than human c~cnsla~ptimi. <br />60 Fed. Reg. 16722, 16723-24 (Mar. 31, 1995). 'Ihe prea~rble states that <br />this interpretation of section 720 (a) of 3dQ2A properly extents the stat- <br />utory requirarent for water supply replacanent to "private lxzreowners° who <br />engage in "danestic uses [of water] such as non-catmercial faxmisxJ, garden- <br />ing and other horticultural activities," as distinguished fran oamiercial <br />and other nandanestic water.'supply,users: <br />... - <br />Many rural hamowness conLict extensive non-oa~mercial danes- <br />tic agricultural and horticultural activities, as an integral <br />and even essential part of a homestead. Failure to require <br />replacetent of the water supply needed for such domestic agri- <br />cultural and horticultural uses would fail to make the residen- <br />tial user whole. , <br />~ asserts that appellants' water supply does not ccrostitute a <br />"dririldng, domestic, or residential water supply," within the meaniuxJ.of <br />~~ 151`•'~IA X300' i <br />