N.M. Code R. § 19.8.7.703 – Right of Entry and Operation Information

A. Each application shall contain a description of the documents upon which the applicant bases his or her legal right to enter and begin surface coal mining operations in the permit area and whether that right is the subject of pending legislation. The description shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.
B. Where the private mineral estate to be mined has been severed from the private surface estate, the application shall also provide for lands within the permit area:
(1) a copy of the written consent of the surface owner to the extraction of coal by surface mining methods; or
(2) a copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or
(3) if the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under applicable state law, the applicant has the legal authority to extract the coal by those methods.
C. Nothing in this section shall be construed to afford the director the authority to adjudicate property title disputes.
[11-29-97; 19.8.7.703 NMAC - Rn, 19 NMAC 8.2.7.703, 9-29-2000]