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IBLA 96-90,96-91 <br />meaning of SMCRA, because, even if the record shows a diminution of the water supply, BRI is only liable if the water <br />supply is subject to replacement. <br />Under the regulations at 3)0 C.F.R. § 701.5, the phrase "drinking, domestic, or residential water supply," as used in 30 <br />U.S.C. § 130", aX2) (1994), is defined as <br />water received from a well or spring and any appurtenant delivery system that provides water for direct human <br />consumption o- household use. Wells and springs that serve only agricultural, commercial or industrial enterprises <br />are not included except to the extent the water supply is for direct human consumption or human sanitation, or <br />dornestic use. <br />Appellants argue that the water well in question, which was designed to supply water for livestock provides water for a <br />"domestic use" under the regulation. On the other hand, OSM asserts that use for livestock purposes in this case is not <br />domestic use and any dimintion in that supply was not a violation of section 720(x) ofSMCRA, 30 U.S.C. § 1309a(a) <br />(1994)• <br />OSM reters to the following language in the regulatory preamble: <br />(xM concludes that the terms "domestic" and "residential" are intended to have broader meaning than merely <br />drinking water for human consumption. Rather, these terms reasonably should be understood to include a fill <br />nuige ofdomeSfic oases, including irrigation ofnon-commercial gardens and agicufturA fields, and use of well and <br />spring water for household 'purposes other than human consumption. <br />60 F& Reg. 16722, 16723-24 (Mar. 31, 1995). The preamble states that this interpretation of section 72((a) of SMCRA <br />properly extends due statutory requirement for water supply repla cerment to "private homeowners" who engage in "domestic <br />uses [of water] such as non-commercial farming, gardening and other horticultural activities," as distinguished from <br />commercial and other nondorestic water supply users: <br />Manny rural homeowners conduct extensive non-commercial domestic agricultural and horticultural activities, as an <br />integral and even essential part of a homestead. Failure to require replacement of the water supply needed for such <br />domestic agricultural and horticultural uses would tail to make the residential user whole. <br />Id. <br />OSM asserts that appellanKwater supply does not constitute a "drinking domestic, or residential water supply" within <br />the meaning of <br />151 IBLA 300