This article originally provided by Williamson Daily News

July 31, 2006

Massey ordered to provide water

WILLIAMSON - Residents of the Lick Creek, Rawl, Merrimac and Sprigg areas, who have maintained for years that coal mining destroyed their source of potable water, were granted temporary relief by the court system recently.

However, the defendant in the case has yet to comply with the court order.

On June 8, 2006, a motion was filed by the attorney representing these residents asking that the mining company responsible for allegedly destroying their wells and water table be ordered to provide water replacement.

This motion was granted on July 24, 2006, and Circuit Court Judge Michael Thornsbury decreed that the defendants, Rawl Sales and Processing Company, a subsidiary of Massey Energy Company, provide one case of bottled water per person every week to 194 individuals.

Water replacement was to be made within 72 hours at the Rawl Church of God in Christ. The defendants were under a legal obligation to supply the bottled water by July 27.

However, the defendants failed to comply with the order and in facsimile correspondence with the resident's legal counsel indicated they had not agreed to provided the water.

As of 9:30 a.m., Friday, July 28, approximately 22 individuals, who were desperate for water, according to their attorney, were turned away from the church because of the defendant's failure to supply water at the designated time and place.

The plaintiffs have now asked the court to enter an order directing the coal company to show cause for their failure to immediately ship the temporary water replacement to the central distribution location which is the church. In addition, the plaintiffs are asking the court to provide any other relief they deem necessary and appropriate, including attorney fees.

Construction is currently ongoing to extend waterlines to the affected areas and residents will be getting water from the city of Williamson. However, the entire project is not expected to be completed until 2007.

Rawl Sale and Processing has also filed a motion appealing the order stating that the vast majority of plaintiffs encompassed by the ruling have failed to produce any evidence concerning their geographic location in relation to the defendant's source of their water. The writ also states that the residents failed to established the prerequisite for a grant of injunctive relief.

Lick Creek resident B.I. Sammons said as of Monday no water had been delivered.

“They (Massey Energy) have refused to bring the water,” Sammons said.

“This is the first time in Mingo County history that anyone has refused to obey a court order - that I know of.”

By AUDREY CARTER
News Editor