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NATURAL RESOURCES COM'N v. AMAX COAL CO.

No. 49A04-9112-CV-419.

603 N.E.2d 1349 (1992)

THE NATURAL RESOURCES COMMISSION OF THE STATE OF INDIANA, the Indiana Department of Natural Resources, and Jack L. Jarrett, Respondents-Appellants, v. AMAX COAL COMPANY AND AMAX COAL INDUSTRIES, Inc., Petitioners-Appellees. Indiana Department of Natural Resources, Natural Resources Commission, Bureau of Mine Reclamation, Division of Reclamation, Patrick R. Ralston, As Director of the Indiana Department of Natural Resources, Mike Long, As Deputy Director of the Bureau of Mine Reclamation, and Mike Sponsler, As Director of the Division of Reclamation, Respondents-Appellants, v. State ex rel. B & Ls Contracting, Inc. and Shand Mining, Inc., Petitioners-Appellees.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied January 7, 1993.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Myra P. Spicker, Deputy Atty. Gen., Indianapolis, for respondents-appellants.

Max E. Goodwin, Mann, Chaney, Johnson, Goodwin & Williams, Terre Haute, David H. Pope, Carr, Tabb & Pope, Atlanta, Ga., for Jack Jarrett.

G. Daniel Kelley, Jr., W.C. Blanton, Edward P. Steegmann, Ice Miller Donadio & Ryan, Indianapolis, for petitioners-appellees.

MILLER, Judge.

This is a consolidated case involving the inter-relationship of surface coal mining and ground water rights in Indiana. The common question in both cases is whether the Department of Natural Resources by the Natural Resources Commission (collectively — the Department) has the authority under the Indiana Surface Mining Control and Reclamation Act (I-SMCRA)1 to affect in any way existing water rights. After first deciding...

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