New Mexico's Mine Dewatering Act: Overview Of The Law And Its Application

The 1980 Mine Dewatering Act was enacted to protect water rights and to allow mine dewatering to proceed where impairment of a water right might have otherwise created a bar to mine development. In New Mexico, new appropriations for beneficial use are subject to the State Engineer's jurisdiction and are granted only upon a showing of non-impairment. Before 1980, mine dewatering was not considered a beneficial use, nor was it considered waste. The Act brings mine dewatering under the jurisdiction of the State Engineer, makes it subject to the same requirements as an application for appropriation for beneficial use, grants the right to replace the water of users whose rights would be impaired by mine dewatering without a plan of replacement, and extends the right of replacement to non-mining appropriations of water for beneficial use, Application of the Act requires determination of the definition of impairment (the threshold of significant impact on existing water rights), hydrologic evaluations to determine the impact of the proposed dewatering, and preparation and execution of a plan of replacement to avoid impairment of existing rights.