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]33IA 96-90, 96-91 <br />meanim~ of 3d32A, because; even i.f the record shwas a dimi*n+r;em of the <br />water supply, BRI is only liable if the water supply is subject to <br />~• <br />Under the regulaCions at 30 C.F.R. § 701.5, the phrase "driiilcitr3, <br />darestic,. ar residential water supply," as used in 30 U.S.C. § 1309a(a)(2) <br />11994). is defined as <br />water received tmn a hell or spring arri any appurtenant <br />delivery systen that provides crater for direct bower consimQ- <br />tion or household use. Wells a~ spric~gs that serve only <br />agricultural, cuanencial ar izrlustrial ~terprises are not <br />included except to the extent the water supply is far direct <br />honer oonsunptial.or human sanitation, or dartestic use. <br />Appellants argue that the water well in question, which was desigcied <br />to supply water for livestock, provides water far a "drnestic use" un:]er <br />the regulation. On the other hand, 03'7 assents that use far livestock <br />purposes in this case is not drnestic use and any diminution in that sup- <br />ply was nDt a violation Of section 720 (a) of 9MQ2A, 30 U.S.C. § 1309a(a) <br />(1994) . .. . ~... .. <br />06M refers to the follaai.~ language in the regulatory prea+rble: <br />OH~7 concludes that the terns "darestic" and "residential" are <br />intended to have broader than merely drisiltiix3 water far <br />kanett omtsutption. Rather, these texas ms.:.~bly should be <br />ut~+xstood to include a full ramie of domestic uses, includin3 <br />irrigation of non-oanreseial ganiei~s ani agricultural fields, <br />acr3 use of hell and spring water for Yx~useYtold purposes other <br />than hiaen consumption. <br />60 F1ai. Reg. 16722, 26723-24 (Mar. 31, 1995) . 'lire pra~r[ble states that <br />this interpretation of section 720 (a) of 3rIQ2A properly extends the stat- <br />utory r>rquiratpnt for water supply replaoa~t to "private hareowners" who <br />erx,~ge in "darestic uses Eof water) such as nom-catrtercial farming, gard~- <br />i~ and other horticultural activities,° as distinguished from ooemiercial <br />stud.other nondomestic watps,'supply usetis;~. .. -' . <br />Many rural hrnteowneta conduct extensive non-craa[es>:~~ danes- <br />tic agricultural acrl horticultural activities, as an intergral <br />and even essential part of a harestead, r.~;ture to ~,;,,A <br />replaaat~t of the water supply needed far such domestic agri- <br />cultural and hortioulttnal uses wouJ.d fail to make the residen- <br />tial. user whole. <br />~. .. .. .. <br />0.44 asserts that awtlanra' water supply does not constitute a <br />"drintdrr~, dam..stic, or res;~+*;at water supply." within the meaning. of <br />]51t`Iffi~ X300' i <br />