A. Mine dewatering is neither an appropriation of water nor waste, but is governed by the provisions of the Mine Dewatering Act. No water rights may be established solely by mine dewatering.
B. The provisions of Sections 6 through 10 [72-12A-6 to 72-12A-10 NMSA 1978] of the Mine Dewatering Act shall not apply to mine dewatering initiated prior to the effective date of that act nor to dewatering occurring after the effective date of that act from a mine whose shaft construction was initiated prior to the effective date of that act with the intent to penetrate the aquifer from which the water is withdrawn.
C. Nothing in the Mine Dewatering Act shall prevent emergency mine dewatering necessary to avert or mitigate flooding situations.
History: Laws 1980, ch. 148, § 5.
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.