Existing water rights based upon application to beneficial use are hereby recognized. Nothing herein contained is intended to impair the same or to disturb the priorities thereof. Nothing in the Mine Dewatering Act shall be construed to permit condemnation of water rights and the owner of a water right shall not be considered to have forfeited or abandoned his rights under that act.
History: Laws 1980, ch. 148, § 13.
Nonseverability and severability. — Laws 1980, ch. 148, § 14, provided for the severability of the act if any part other than § 12 is held invalid. If any part of § 12 is held invalid, the remainder of the act is to also be invalid and without legal force and effect.
Law reviews. — For comment, "New Mexico's Mine Dewatering Act: The Search for Rehoboth," see 20 Nat. Resources J. 653 (1980).
For article, "Prior Appropriation, Impairment, Replacements, Models and Markets," see 23 Nat. Resources J. 25 (1983).
Structure New Mexico Statutes
Section 72-12A-1 - Short title.
Section 72-12A-2 - Purpose of act.
Section 72-12A-3 - Definitions.
Section 72-12A-4 - Right of replacement.
Section 72-12A-5 - Mine dewatering; jurisdiction of the state engineer.
Section 72-12A-6 - Mine dewatering prohibited; exceptions.
Section 72-12A-7 - Application for permit; plan of replacement; approval.
Section 72-12A-8 - Plan of replacement; standards for approval.
Section 72-12A-9 - Plan of replacement; implementation and maintenance; amendment.
Section 72-12A-10 - Appeal to the district court; procedure.
Section 72-12A-12 - Eminent domain; entry on lands; purpose.