A. When adjacent or contiguous mines, opened, developed and worked upon the same or upon separate lodes have a common ingress of water, or, by reason of subterranean communication of water, have a common drainage, the operators of the mines shall provide for disposal of their proportionate share of the drainage, or to prevent the water in the mine from flowing in or upon neighboring mines.

Terms Used In Arizona Laws 27-361

  • Mine: means all lands containing excavations, underground passageways, shafts, tunnels and workings, structures, facilities, equipment, machines or other property including impoundments, retention dams, tailings and waste dumps, on the surface or underground, used in, to be used in or resulting from the work of extracting minerals or other materials, excluding hydrocarbons. See Arizona Laws 27-301
  • Operator: means a natural person, corporation, partnership association, agent, governmental entity or other public or private organization or representative owning, controlling or managing a mine. See Arizona Laws 27-301

B. If an operator of such mines fails or neglects to provide for drainage, and by reason of failure or neglect the operator of an adjacent or contiguous mine is compelled to pump, drain or otherwise provide for the water flowing in from the other mine, the operator of the mine in default shall be liable for the proportion of the actual and necessary cost and expense of pumping, draining or otherwise providing for such water.