In all cases involving an appropriation of water for beneficial use or mine dewatering, the right of replacement is granted to any person whose appropriation or mine dewatering would otherwise impair existing water rights. Application for replacement of water shall be made to the state engineer. In all cases, replacement of water shall be at the sole expense of the applicant and subject to such rules, regulations and conditions as the state engineer may reasonably prescribe.
History: Laws 1980, ch. 148, § 4.
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.