Section 312 IAC 25-1-159 - "Valid existing rights" defined and construedAuthority: IC 14-34-2-1
Affected: IC 14-34-18-3
Sec. 159.
(a) "Valid existing rights", for purposes of 312 IAC 25-2-1, 312 IAC 25-3-1, and 312 IAC 25-3-5, means the following: (1) Except for haul roads: (A) those property rights in existence on August 3, 1977, that were created by a legally binding conveyance, lease, deed, contract, or other document that authorized the applicant to conduct surface coal mining operations; and(B) the person proposing to conduct surface coal mining operations on such lands: (i) had been validly issued or exercised good faith effort to obtain, on or before August 3, 1977, all state and federal permits necessary to conduct operations on those lands;(ii) can demonstrate to the director that the coal is both needed for and immediately adjacent to, an ongoing surface mining operation for which all permits were obtained prior to August 3, 1977; or(iii) can demonstrate that the operation was in existence or operation at the time an area became protected under IC 14-34-18-3 or at the time of the coming into existence, within the prohibited distance of a structure, road, cemetery, or other activity listed in IC 14-34-18-3.(2) For haul roads: (A) a recorded right-of-way, recorded easement, or a permit for a coal haul road recorded as of August 3, 1977;(B) any other road in existence as of August 3, 1977; or(C) any haul road that was in existence or operating at the time an area became protected under IC 14-34-18-3, or at the time of the coming into existence, within the prohibited distance of a structure, road, cemetery, or other activity listed in IC 14-34-18-3.(b) The interpretation of the terms of a document used to establish a valid existing right is based upon the common law concerning the interpretation of documents conveying mineral rights. If there is no applicable common law, the interpretation is based upon the following: (1) The usage and custom at the time and place where a document came into existence.(2) A showing by the applicant that the parties to the document contemplated the right to conduct the same underground or surface activities for which the applicant claims a valid existing right.(c) As used in this section "valid existing right" does not mean the mere expectation of a right to conduct surface coal mining operations or the right to conduct underground coal mining. Examples of rights, which alone do not constitute valid existing rights, include, but are not limited to, coal exploration permits or licenses, applications or bids for leases, or where a person has only applied for a federal or state permit.(d) If an area comes under the protection of IC 14-34-18-3 after August 3, 1977, valid existing rights are present if a validly authorized surface coal mining operation exists on that area on the date the protection comes into existence.Natural Resources Commission; 312 IAC 25-1-159; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3426, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA