Section 34-50-109 - Evidence to be considered by court

In the trial of cases arising under this article, the court shall admit evidence of the normal stand or position of the water while at rest in an idle mine; also the observed prevalence of a common water level or a standing water line in the same or separate lodes; also the effect, if any, the elevating or depressing the water by natural or mechanical means in any given lode has upon elevating or depressing the water in the same contiguous or separate lodes or mines; also the effect which draining or ceasing to drain any given lode or mine had upon the water in the same or contiguous or separate lodes or mines, and all other evidence which tends to prove the common ingress or subterraneous communication of water into the same lode or mine, or contiguous or separate lodes or mines.G.L. § 1838. G.S. § 2424. R.S. 08: § 4234. C.L. § 3322. CSA: C. 110, § 215. CRS 53: § 92-27-9. C.R.S. 1963: § 92-27-9.