Section 72-12A-13 – Existing water rights recognized.
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 […]
Section 72-12A-3 – Definitions.
As used in the Mine Dewatering Act: A. “declared underground basin” means an underground stream, channel, artesian basin, reservoir or lake, the boundaries of which have been determined and proclaimed by the state engineer to be reasonably ascertainable; B. “mine dewatering” means the diversion and discharge of ground water developed by mining activities by means […]
Section 72-12A-4 – Right of replacement.
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 […]
Section 72-12A-5 – Mine dewatering; jurisdiction of the state engineer.
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 […]
Section 72-12A-6 – Mine dewatering prohibited; exceptions.
No person shall engage in mine dewatering in a declared underground basin without a valid, existing mine dewatering permit issued by the state engineer in accordance with the provisions of the Mine Dewatering Act and the rules and regulations that may be promulgated by him in pursuance hereof. History: Laws 1980, ch. 148, § 6. […]
Section 72-12A-7 – Application for permit; plan of replacement; approval.
A. Any person desiring to engage in mine dewatering in a declared underground basin shall apply to the state engineer for a permit on forms prescribed by him. B. The state engineer shall require notice of the application and shall thereafter proceed to consider the application in accordance with existing administrative law and procedure governing […]
Section 72-12A-8 – Plan of replacement; standards for approval.
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 […]
Section 72-12A-9 – Plan of replacement; implementation and maintenance; amendment.
A. Upon approval of replacement, the permittee shall implement the plan with all deliberate speed and within such time as will prevent impairment of existing water rights. B. If the owner of a water right protected by a plan of replacement asserts that the permittee has failed or refused to implement or maintain the plan, […]
Section 72-12A-10 – Appeal to the district court; procedure.
The decision, act or refusal to act of the state engineer shall be final in all cases unless appeal is taken to the district court within thirty days as provided by Section 72-7-1 NMSA 1978. In the event of appeal of a decision approving the application, no stay order shall issue; provided however, the court […]
Section 72-12A-11 – Remedies.
A. The state engineer, when he has reasonable cause to believe that mine dewatering is being or may be conducted contrary to the provisions of the Mine Dewatering Act, may seek injunctive relief to decrease or terminate such activity which relief may be granted or denied in accordance with existing legal and equitable principles. B. […]