§ 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.