New Mexico Administrative Code

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

[RESERVED] [Definitions for this Part can be found in 19.10.1.7 NMAC.]

No transfer of any permit issued pursuant to the Act shall be made without the prior written approval of the Director. The transferor will not be released from obligations under the permit until the transferee has assumed such obligations.

New Mexico Mining Commission.

All persons subject to the New Mexico Mining Act NMSA 1978, Section 69-36-1 et. seq.

NMSA 1978, Section 69-36-1 et. seq.

Permanent.

February 15, 1996, unless a later date is cited at the end of a section. A. All references to the Mining Act Parts 1-13 in any other rule shall be understood as a reference to 19.10 NMAC. B. The amendment and replacement of The Mining Act Parts 1-13 shall not affect any administr…

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

[RESERVED] [Definitions for this part can be found in 19.10.1.7 NMAC.]

A. No action on any of the following applications will be taken by the Director until the applicant has complied with the requirements of notice and opportunity for public hearing contained in this Part: (1) application for the issuance, renewal or revision of a mining or explora…

The notice shall contain, at a minimum, the following information: A. the name and address of the applicant; B. a description of the location and boundaries of the proposed permit area; C. the purpose of the application and a general description of the mining operation; D. the Di…

The applicant shall provide the Director at the time of filing the application with the Director proof that notice of the application has been: A. provided by certified mail to the owners of record, as shown by the most recent property tax schedule, of all properties within 1/2 m…

A. Any interested person may request that the Director conduct a public hearing on the application. Such request must be made within 30 days of the date of the newspaper publication of the notice of application unless the Director determines a longer period in which to make the r…

A. The Director may act as the hearing officer or appoint a hearing officer to conduct the hearing. The hearing officer shall have authority to take all measures necessary for the maintenance of order and for the efficient, fair and impartial consideration of issues arising in he…

A. The Division will make a verbatim record, by audio tape or stenography, of each public hearing. B. Any person may obtain a copy of the verbatim record of the hearing. It shall be obtained directly from the court reporter, or if no reporter was employed, the Director will provi…

[RESERVED] [Material previously under this Section was repealed effective 6-30-99 ]

Energy, Minerals and Natural Resources Department, Energy Conservation and Management Division.

Pursuant to the Act, Section 71-9-11 NMSA 1978, all permits, orders and determinations issued pursuant to the Geothermal Resources Conservation Act shall be administered by the division and shall remain in effect as provided in 19.11.1.10 NMAC. A. The permittee under any permit, …

All persons who engage in the exploration, development or production of a geothermal resource.

Geothermal Resources Development Act, Section 71-9-1 et seq. NMSA 1978 (2016).

Permanent.

February 27, 2018, except where a later date is cited at the end of a section.

The objective of 19.11.1 NMAC is to set forth general provisions and definitions pertaining to the authority of the energy conservation and management division pursuant to the Geothermal Resources Development Act, Section 71-9-1 et seq. NMSA 1978 (2016).

These definitions apply to 19.11.1 through 19.11.4 NMAC. See Section 71-9-3 NMSA 1978 (2016) for the definitions of "correlative rights", "division", "geothermal reservoir", "geothermal resources" and "person". A. Definitions beginning with the letter "A". (1) "Act" means the Geo…

A. Applicants or permittees who submit information to the division may claim such information as confidential. Applicants or permittees must assert any claim of confidentiality at the time of submittal. B. To claim confidentiality of information in a submittal, the applicant or p…

A permittee shall allow any division employee upon notice and presentation of proper credentials to: A. enter the property where wells are located or the facility at reasonable times; B. inspect and copy records required by an abatement plan; C. inspect any treatment works, monit…

Energy, Minerals and Natural Resources Department, Energy Conservation and Management Division.

A. Application for a permit to drill an exploratory well or to drill or operate a production or observation well. Any person who proposes to drill or operate an exploratory, production or observation well shall first apply for a permit by filing a written application with the div…

A. Prior to the division's final decision on an application, the applicant shall have a duty to promptly supplement and correct information submitted in the application. The duty to supplement shall include relevant information thereafter acquired or otherwise determined to be re…

A. The division shall, in a timely manner after its receipt of an application for a permit, or modification or renewal of a permit, evaluate such application and determine whether it is acceptable for review. An application that is acceptable for review is one that includes the i…

Except for Paragraphs (1) and (2) of Subsection A of 19.11.2.13 NMAC, 19.11.2.13 NMAC does not apply to permit actions pursuant to Subsection E of 19.11.2.10 NMAC or other approvals pursuant to 19.11.4.9 NMAC. A. The division shall: (1) make available for public inspection a list…

The division shall deny an application for a permit or permit modification or renewal if the construction or operation of the geothermal well or facility will not or does not comply with the Act or the rules promulgated pursuant to the Act.

A. The contents of the application specifically identified by the division shall become terms and conditions of the permit or permit modification. B. The division shall, as appropriate, specify conditions upon a permit, including: (1) placement of geothermal wells in accordance w…

A. The division shall automatically cancel any permit for any well that has been plugged and abandoned or any facility that has been closed in accordance with the requirements of 19.11.4 NMAC and the permit. B. The division may terminate or modify a permit during its term, or den…

A. Applicants for injection well permits or for geothermal facility permits that include injection wells shall identify the location of all known wells (applicant's wells or wells of other parties), within a two-mile radius of the injection well, that penetrates the injection zon…

Upon notification by the division that it has approved a new geothermal well or facility permit, a geothermal well or facility permit modification or a geothermal well or facility renewal permit but prior to issuing the permit, an applicant shall submit acceptable financial assur…

All persons who engage in the exploration, development or production of a geothermal resource.

Geothermal Resources Development Act, Section 71-9-1 et seq. NMSA 1978 (2016).

Permanent.

February 27, 2018, except where a later date is cited at the end of a section.

The objective of 19.11.2 NMAC is to require persons to obtain a permit prior to commencing exploration, development and production of geothermal resources and to establish procedures for application for and approval or denial of permits.

A. The division shall notify the office of state engineer when it receives an application for a geothermal well permit or geothermal facility permit. B. When the applicant proposes to reinject all ground water as soon as practicable into the same ground water source from which it…

Except as provided in 19.11.1.10 NMAC, no person shall explore, develop or produce a geothermal resource including drilling or operating an injection well except pursuant to and in accordance with the terms and conditions of a permit issued by the division under the Act. The appl…

Energy, Minerals and Natural Resources Department, Energy Conservation and Management Division.

The parties to a permit hearing shall include: A. the division; B. the applicant or permittee of the geothermal well or facility; and C. an affected person who has requested a hearing or to intervene in the hearing.

A. Testimony. Hearings shall be conducted without rigid formality. The division shall take or have someone take a transcript or recording of the testimony and preserve it as part of the division's records. A person testifying shall do so under oath. The hearing examiner shall des…