N.M. Stat. » Chapter 69 — Mines
New Mexico Statutes

N.M. Stat. § 69-36-2 (2026)

Purposes

✓ current as of May 2026
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The purposes of the New Mexico Mining Act include promoting responsible utilization and reclamation of lands affected by exploration, mining or the extraction of minerals that are vital to the welfare of New Mexico.

History: Laws 1993, ch. 315, § 2.

Notes of Decisions
Cited in 10 cases, 1995–2018 · leading case: Rio Grande Chapter of the Sierra Club v. New Mexico Mining Comm'n, 61 P.3d 806 (N.M. 2002).
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Rio Grande Chapter of the Sierra Club v. New Mexico Mining Comm'n, 61 P.3d 806 (N.M. 2002). · cites it 10× “" NMSA 1978, § 69-36-2 (1993) (stating purpose of Mining Act); see Old Abe Co.”
Manning v. Mining & Minerals Div. of the Energy, Minerals, & Nat. Resources Dep't, 2006 NMSC 027 (N.M. 2006). · cites it 4× “” Section 69-36-2. The New Mexico Mining and Minerals Division of the Energy, Minerals, and Natural Resources Department and the New Mexico Environment Department (the “State agencies”) are the agencies responsible for enforcing the Mining Act.”
Old Abe Co. v. New Mexico Mining Comm'n, 908 P.2d 776 (N.M. Ct. App. 1995). · cites it 4× “” Section 69-36-2. The Act created the New Mexico Mining Commission (the Commission) and mandated that the Commission enact implementing regulations within one year of the effective date of the Act.”
Gila Res. Info. Proj. v. N.M. Water Quality Control Comm'n, 2018 NMSC 25 (N.M. 2018). · cites it 2× “” NMSA 1978, § 69-36-2 (1993); Phelps Dodge, 2006-NMCA-115, ¶ 29 (“[M]ining is a necessary and important component of our economy and our modern way of life.”
Phelps Dodge Tyrone, Inc. v. New Mexico Water Quality Control Comm'n, 143 P.3d 502 (N.M. Ct. App. 2006). · cites it 2× “We have no doubt that the legislature intended to limit that kind of migration.”
Rio Grande Chapter of the Sierra Club v. New Mexico Mining Comm'n, 27 P.3d 984 (N.M. Ct. App. 2001). · cites it 2× “” NMSA 1978, § 69-36-2 (1993). The Act provides for issuing and renewing permits for new and existing mining operations as well as exploratory operations.”
Gila Res. Info. Proj., Amigos Bravos, Turner Ranch Props., L.P. v. New Mex. Water Quality Control Comm'n, 417 P.3d 369 (N.M. 2018). · cites it 2× “502 (observing that the Legislature's decision to utilize the statutory phrase place of withdrawal "leads to genuine uncertainty about the legislative intent for a site like [the] Tyrone [mine]" and inquiring whether water quality should "be measured at the bottom of a waste…”
Pueblo of Picuris v. New Mexico Energy, Minerals & Nat. Resources Dep't, 33 P.3d 916 (N.M. Ct. App. 2001). “See § 69-36-2 (stating that purposes of the Mining Act include promoting responsible reclamation and mining which is “vital to the welfare of New Mexico”).”
New Mexico Mining Ass'n v. New Mexico Mining Comm'n, 924 P.2d 741 (N.M. Ct. App. 1996). · cites it 2× “Section 69-36-2. The Act also directs that entities seeking to initiate mining operations within New Mexico are required, under Section 69-36-5(B)(6), to secure a site assessment plan, including “a description of wildlife and wildlife habitat at and surrounding the mining…”
Manning v. Energy, Minerals, 144 P.3d 87 (N.M. 2006). · cites it 4× “" Section 69-36-2. The New Mexico Mining and Minerals Division of the Energy, Minerals, and Natural Resources Department and the New Mexico Environment Department (the "State agencies") are the agencies responsible for enforcing the Mining Act.”
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