Mr. Andrew Maloney reports
THEMAC RESOURCES GROUP LIMITED ANNOUNCES
COURT RULING REGARDING WATER RIGHTS
New Mexico Copper Corp. (NMCC), owned by Themac Resources Group Ltd., has received the decision from the State of New Mexico Third District Court on Aug. 23, 2023, to reinstate certain water rights for the Copper Flat project in southern New Mexico.
In September, 2021, the company received a decision from the New Mexico State Court of Appeals with respect to a decision made by the court in December, 2017, which ruled that the company's full set of inchoate water rights were extinguished due to an interruption in a plan to develop the rights as required under the state's Mendenhall doctrine, and that the company's vested water rights at several mine site wells were forfeited or abandoned due to non-use. In an appeal of the district court's ruling brought by NMCC and Frost & Gray, the New Mexico State Court of Appeals affirmed the district court's ruling in favour of Frost & Gray, granting it 861.84 acre feet per year (afy), and reversed in part the district court's rulings regarding the loss of vested rights in the mine site wells, as well as the ruling measuring water rights at the Copper Flat open pit at 34 acre feet for dust control. The appeals court remanded the matter to the district court to consider NMCC's vested rights in certain mine site wells and the open pit.
In the most recent hearing, held June 16, 2022, NMCC and Frost & Gray sought the reinstatement of approximately 898 afy. In a ruling entered Aug. 23, 2023, the district court recognized the vested rights in seven wells totalling 195.92 afy, as shown in the attached table.
Well Amount Purpose Priority
LRG-4652-S-4 3 afy Livestock use Dec. 31, 1943
LRG-4652-S-6 39 afy Placer mining Dec. 31, 1963
LRG-4652-S-7 3 afy Livestock use Dec. 31, 1943
LRG-4652-S-8 3 afy Domestic and livestock use Dec. 31, 1943
LRG-4652-S-9 72.6 afy Placer mining and construction Dec. 31, 1974
LRG-4652-S-10 72.6 afy Placer mining and construction Dec. 31, 1975
LRG-4652-S-17 5.52 afy Dust control March 31, 1982
34.65 afy Evaporation
The court found that NMCC and Frost & Gray did not have any vested rights in the McCravey-Grayback well and the Dolores (Old El Oro) well.
The company's current water rights are shown in the attached table.
Mining Pit evaporation Livestock and domestic Total
2017 adjudication 861.84 34.45 6.00 902.29
2021 appeal 189.72 0.20 6.00 195.92
NMCC additions 0.00 0.00 4.00 4.00
Total 1,051.56 34.65 16.00 1,102.21
About Themac Resources Group Ltd.
Themac is a copper development company with a strong management team and, as of May 18, 2011, a 100-per-cent ownership interest in the Copper Flat copper-molybdenum gold-silver project in New Mexico, United States. Themac is continuing to advance the closed copper mine, Copper Flat, in Sierra county, New Mexico, toward production with innovation and a sustainable approach to mining development and production, local economic opportunities, and the best reclamation practices for its unique environment. The company is listed on the TSX Venture Exchange (ticker: MAC).
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