Water is important commodity in the mining industry. Water is used in the many stages of mining from the exploration stages and drilling, to mine development and operation and finally throughout mine rehabilitation and post mine activities. With the use of water throughout the life span of a mine, its management is an important component in the operation of any mine. Unfortunately the use of water within the operations can be one of the major sources of pollution generated from a mine. Such contamination can occur via numerous mechanisms including ground water flow, over land flow and accidents. Contamination may occur in any stage of mining operations, for example a leaking or failed tailings dam. With the above in mind, the paper presented will focus upon the use and management of water in the mining industry: ownership rights of water - common law as well as legislative rights; a review and analysis of the existing Queensland legislation and its mechanisms for the protection of water pollution from mining operations; and conclusions drawn from the paper relating to the Queensland legislation.