27-361. Common system of drainage; contribution
of cost


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.


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.