A. In reviewing a proposed plan of replacement and in considering terms and conditions which may be necessary to avoid impairment, the state engineer shall consider the characteristics of the aquifer in question, known withdrawals and their effects on water levels and water quality, the duration, quantity and area of impact of the proposed mine dewatering, the present and future discharge from, recharge to and storage of water in the aquifer, any artificial recharge to the aquifer and all other relevant facts.
B. The state engineer may adopt rules and regulations to implement and enforce the Mine Dewatering Act.
History: Laws 1980, ch. 148, § 8.
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.