A Water Rights Strategyfor Mining Operations in the Western US

Companies mining for coal, oil shale, and minerals in the western US must often complete extensive geotechnical studies to satisfy federal and state regulations. The modern mining process is further complicated by the legal problems and liabilities associated with mineral rights and land leasing. Yet the study of water rights-unique to the West is often incomplete or ignored until the latter stages of mine planning. Water rights in the West are not adequately understood by many mining companies and their geotechnical consultants. Some firms, headquartered outside the western US, have not had to contend with the water supply problems of a semi-arid region. Water problems encountered by eastern mining companies, for example, are primarily water quality, drainage, and flood control. Even when water quantity is a problem in these areas, ownership and/or use of it is governed by entirely different legal and administrative concepts than in the West. Both legal and engineering issues have to be considered when studying western water rights. Legal issues, such as existence and title, must be addressed to insure that a particular water right is properly established and maintained. The exercise of a water right, however, often requires engineering analyses that focus on preventing injury to the properly established water rights of others.