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§22-27-2. Legislative Findings

The Legislature finds and declares as follows: (1) The state's long history of mining has left some lands and waters unreclaimed and polluted.

§22-27-3. Definitions

As used in this article unless used in a context that clearly requires a different meaning, the term: (a) "Abandoned lands" means land adversely affected by mineral extraction and left or abandoned in an unreclaimed or inadequately reclaimed condition. (b) "Consideration" means something of value promised, given or performed in exchange for something which has […]

§22-27-4. Eligibility and Project Inventory

(a) General rule. — An eligible landowner or eligible project sponsor who voluntarily provides equipment, materials or services at no charge or at cost for a reclamation project or a water pollution abatement project in accordance with the provisions of this article is immune from civil liability and may raise the protections afforded by the […]

§22-27-5. Landowner Liability Limitation and Exceptions

(a) General rule. — Except as specifically provided in subsections (b) and (c) of this section, an eligible landowner who provides access to the land, without charge or other consideration, which results in the implementation of a reclamation project or a water pollution abatement project: (1) Is immune from liability for any injury or damage […]

§22-27-6. Project Sponsor Liability Limitation and Exceptions

(a) General rule. — Except as specifically provided in subsection (b) of this section, a project sponsor who provides equipment, materials or services at no cost or at cost for a reclamation project or a water pollution abatement project: (1) Is immune from liability for any injury to or damage suffered by a person which […]

§22-27-7. Permits and Zoning

Nothing in this article may be construed as waiving any existing permit requirements or waiving any local zoning requirements.

§22-26-4. Confidentiality

(a) Information required to be submitted by a person as part of the water withdrawal survey and registration that may be a trade secret, contain protected information relating to homeland security or be subject to another exemption provided by the state freedom of information act may be deemed confidential. Each such document shall be identified […]

§22-26-5. Joint Legislative Oversight Commission on State Water Resources

(a) The President of the Senate and the Speaker of the House of Delegates shall each designate five members of their respective houses, at least one of whom shall be a member of the minority party, to serve on a joint legislative oversight commission charged with immediate and ongoing oversight of the water resources survey, […]

§22-26-6. Mandatory Survey and Registration Compliance

(a) The water resources survey and subsequent registry will provide critical information for protection of the state's water resources and, thus, mandatory compliance with the survey and registry is necessary. (b) All large-quantity users who withdraw water from a West Virginia water resource shall complete the survey and register use with the department. Any person […]

§22-25-9. Incentives

The secretary shall propose rules for legislative approval, pursuant to the provisions of chapter twenty-nine-a of this code, establishing incentives to be granted to any participant that complies with all of the mandatory program elements and the prescribed number of elective program elements, as determined by the secretary. Participants may seek some or all of […]