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ffiA 96-90, 96-91 <br />M1 abuse of diS¢etion. ApPel~~*+r4 are clearly ]S1ODrYect In their asser- <br />tion that it is not their ^responsibility to prove the mine DID cause the <br />damage -the mine should prove that they didn't." (90R 96-91 at 9.) <br />A. trna' 96-90 <br />We turn first to the appeal (IBIA 96-90) relating to violation 1 Of <br />the '~I oonoeming appellants' water Well. <br />[2) Appellants argue that the loss of their Water supply constitutes <br />a violation of secti~ 720(a)(2) of SM3iA, 30 U.S.C. § 1309a(a)(2) (1994), <br />and 30 C.F.R. § 817.41(j), arri their State equivalents. g/ Section 720 (a) <br />of SbQZA provideE, in relevant part, that: <br />... IDa~d~ooal. ; ~~:•. <br />•"October 24; 2992,...sha11 oaiply with~* •*°+. ttie".followi~ . <br />. ~tni rrarwntg: <br />+ t i t 4 * 4 <br />(2) Pratptly replace any dririldaig, do:[estic, ar <br />res;~+r;ai water supply fmn a Well ar spriYg in e~d.stence <br />prior to the application far a surface coal mining aryl recla- <br />mation permit, which has been affected by contamination, dimin- <br />ution, or interruption resulting frrm u~ergrntaxi coal mining <br />operations. . <br />30 U.S.C. § 1309a(a) (1994). Zb the same effect is 30 C.F.R. § 817.41(j). <br />1be applicable State regulation, 2 Colo. Oode Regs. § 4.05.15 (1991), <br />specifically provides, in p=**~++~*+r part, that: <br />~Y P~~ v4bo arms * + * iu~ergratmd mining activi- <br />ties shall replace the Water supply of any owner of a vested <br />water right which is pzcndnately injured as a result of the <br />mining activities in a marmpr carsistent with applicable State <br />lata. <br />Our initial inquiry is whether or not the well in question consti- <br />tutes a "drinking, darestic, or' residential water supply" within the <br />4 Section 720(a)(2) of StN~tA was added by secticm 2504(a)(1) of the <br />~'r95' Policy Act of 1992,, Pub. L. No. 102-486, 106 Stat. 2776, 3104, <br />on Oct. 24, 1992, as a result of the court's Jan. 29, 1988, decision in <br />Na ; 1 A1'fP ~ inn y. A7, 839 F.2d 694, 753-54 (D.C. Cir.), <br />holdup that section 717 (b) of Sl+t1tA, 30 U.S.C. 8 1307(b) (1994), per- <br />tainiux3 to the replacarent of a water supply adversely affected by a "sUr- <br />faae coal mine. operation," did not apply in the.. case of damage caused by <br />an imdergrv~axl operation..' . , . <br />151'• •~A~,299 :' <br />