Section 72-12A-5 - Mine dewatering; jurisdiction of the state engineer.
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 [72-12A-1 to 72-12A-13 NMSA 1978]. 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was initiated prior to the effective date of that act with the intent to penetrate the aquifer from which the water is withdrawn.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.