Legal Opinion
Natural Resources Commission v. AMAX Coal Co.
Indiana Court of Appeals
Decided November 24, 1992No. 49A04-9112-CV-419PublishedCited by 2 opinions
1Opinion of the Court
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 that I-SMCRA preserved state water rights and therefore could not impact existing common law water rights, the Department changed its mind and attempted to…
2Cases cited18 opinions
- Hodel v. IndianaSupreme Court of the United States · 1981
- National Wildlife Federation v. Donald P. Hodel, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1988
- Metropolitan Utilities District v. Merritt Beach Co.Nebraska Supreme Court · 1966
- Stillwater Water Co. v. FarmerSupreme Court of Minnesota · 1903
- Gagnon v. French Lick Springs Hotel Co.Indiana Supreme Court · 1904
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3Cited by2 opinions
- Mid-America Acceptance Co. v. LightleOhio Court of Appeals · 1989
- Natural Resources Commission v. AMAX Coal Co.Indiana Supreme Court · 1994