Chapter 69 — Chapter 69

director. A. There is established a "bureau of geology and mineral resources" of the state that is a division of the New Mexico institute of mining and technology and under the direction of its board of regents. The board shall appoint, as a director, a suitable person to be know…

The objects and duties of the bureau of geology and mineral resources are as follows: A. to collect, compile and publish information relative to New Mexico, geology, mining, milling, metallurgy and oil and natural gas and the refining thereof; B. to collect typical geological and…

A. The state mine inspector is assigned to the New Mexico institute of mining and technology. B. The board of regents of the New Mexico institute of mining and technology and the mining safety board may recommend the names of qualified individuals to the governor for appointment …

ANNOTATIONS Repeals. — Laws 1985, ch. 68, § 5 repealed 69-1-7 NMSA 1978, as enacted by Laws 1977, ch. 255, § 16, relating to the mining safety advisory board, effective April 1, 1985. For present provisions relating to the mining safety advisory board and its duties, see 69-8-3 a…

A. The board of regents of the New Mexico institute of mining and technology shall prepare an annual report showing the progress and condition of the bureau of geology and mineral resources, together with such other information as it deems necessary or useful or as the board may …

The board may, in its discretion, cause to be prepared and published a compilation of the mining laws and regulations of the state and is authorized to update and reprint the same at such intervals as it deems advisable to reflect any substantial changes in the law or regulations…

The regular and special reports of the bureau of geology and mineral resources shall be printed as the board of regents of the New Mexico institute of mining and technology may direct, and the reports may be distributed or sold by the board as the interests of the state or scienc…

All materials collected after having served the purpose of the bureau shall be distributed by the board to such educational institutions of the state as the board may direct. History: Laws 1927, ch. 115, § 5; C.S. 1929, § 88-505; 1941 Comp., § 67-105; 1953 Comp., § 63-1-5.

The board may use of the funds appropriated for the maintenance of the New Mexico school of mines [New Mexico institute of mining and technology] such sums as may be necessary for the maintenance of the bureau hereby created, not to exceed, however, such sums as may be appropriat…

There is appropriated for the bureau of geology and mineral resources twenty thousand dollars ($20,000) annually of the money received by the state from the mineral leasing land act fund, pursuant to Title 30 U.S.C., Section 191. The money appropriated hereunder shall be used to …

A. Any person drilling a hole on state lands to a depth of ten feet or more who encounters or whose drill cuts into a geothermal energy source of one hundred degrees centigrade or more shall, within ninety days from the date of the penetration, report in writing to the director t…

A. Any person or persons desiring to locate a mining claim upon a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit must distinctly mark the location on the ground by four substantial posts or monuments, one …

The surface boundaries of mining claims heerafter [hereafter] located shall be marked by four substantial posts or monuments, one at each corner of such claim, so as to distinctly mark the claim on the ground, so that its boundaries can be readily traced, and shall otherwise conf…

The relocation of any mining ground, which is subject to relocation, shall be made in the same way as an original location is required by law to be made. History: Laws 1889, ch. 25, § 3; C.L. 1897, § 2300; Code 1915, § 3449; C.S. 1929, § 88-105; 1941 Comp., § 67-205; 1953 Comp., …

A. If at any time the owner of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that the original notice of location is defective, erroneous or the requirement of law has not been complied with before filing, or shall be desirous of changing his s…

The owner of an unpatented lode or placer mining claim shall, prior to December 31 of each year following the calendar year in which such claim was located, file for record in the office of the clerk of the county in which the mining claim is located either a notice of intention …

notice; penalty.] Any person who shall take down, remove, alter or destroy any stake, post, monument or notice of location upon any mining claim without the consent of the owner or owners thereof shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a f…

of errors.] Any person or persons, or the manager, officer, agent or employe [employee] of any person, firm, corporation or association, who shall in any manner alter, deface or change the location notice of any mining claim in this state, located under the laws of the United Sta…

claims.] In addition to the provision of law now in force in respect to the abandonment of mining claims, they may be abandoned in the following manner: the owner or owners of any mining claim, wishing to abandon the same, may sign and acknowledge in the same manner provided by l…

History: Laws 1876, ch. 38, § 2; C.L. 1884, § 1567; C.L. 1897, § 2287; Code 1915, § 3446; C.S. 1929, § 88-102; 1941 Comp., § 67-202; 1953 Comp., § 63-2-2; Laws 1981, ch. 310, § 2; repealed by Laws 2011, ch. 134, § 24.

The size of the claim or claims to be located under Sections 69-3-19 to 69-3-21 NMSA 1978 [repealed], and the amount of annual assessment work to be done thereon in order to hold possession of and secure patent to the same shall be the same as provided by Revised Statutes of the …

recording; amending.] The owner or owners of lands within this state, the title to which has been vested by letters patent from the United States government, may make and file in the office of the county clerk of the county in which such lands are situated, such rules and regulat…

Whenever the owner or lessee of any mining property in the state of New Mexico shall desire to operate the same and to prevent trespassers from entering thereon, such owner or lessees [lessee] may post notices in English and Spanish in at least three public places upon said premi…

After the posting of such notices, it shall be unlawful for any person to enter upon said premises without such permission, and any person violating the provisions of the proceding [preceding] section [69-3-24 NMSA 1978] shall be deemed guilty of a misdemeanor and upon conviction…

When any person, firm or corporation shall be lawfully and peaceably in possession of any mining claim in this state and shall have complied with all the requirements of law and regulations in force in the district in which said mining claim is situated, such persons, firm or cor…

The owner of any livestock in this state shall not be liable to the owner or his agent or [of] any mining or mineral claim or millsite for damages done by way of trespass upon the same by said livestock other than for actual damage done to buildings, tents, mining supplies or oth…

Hereafter any lease upon any mine, or portion of a mine, not given in writing, for a specified time, shall not be terminated until after notice of the date of such termination, given by the lessor to the lessee, not less than thirty days prior to such date of termination. History…

forfeiture of lease.] The lessor and the mine upon which any lease is terminated without such thirty days' notice, shall be liable to the lessee for all damages resulting from such termination: provided, that nothing in this or the preceding section [69-3-28 NMSA 1978] shall prev…

Any person owning stock in any corporation or company owning or operating mines in this state, shall at any time during the business hours of the day, have the right to enter in and upon any and all mines of such corporation or company, and all underground workings connected ther…

Every corporation or company or officer or agent of such corporation or company who shall refuse to allow upon demand, any person owning stock in such corporation or company, to enter such mines, as in the preceding section [69-3-30 NMSA 1978] provided, shall be guilty of a misde…

The words "any person owning stock" as used in the preceding sections [69-3-30, 69-3-31 NMSA 1978] shall be taken and considered to mean stockholders, whose names appear on the stock book of the company as owners of stock, and none others. History: Laws 1884, ch. 45, § 1; C.L. 18…

Any person who shall make or cause the making of a material misrepresentation of fact with the intent to defraud in a notice of claim shall forfeit his right to the claim to which the material misrepresentation relates, is guilty of a misdemeanor, and upon conviction shall be pun…

plugging; reports; exceptions. Any person drilling a mine lode discovery or mine drill hole to a depth of ten feet or more who encounters or whose drill cuts into a water body or water-bearing stratum shall: A. plug at a horizon and in the manner provided by the rules of the stat…

Any person drilling a mine lode discovery or mine drill hole to a depth of ten feet or more, who shall encounter natural gas or hydrocarbons in any form shall within ten days from the date of encountering natural gas or hydrocarbons report in writing to the state oil conservation…

The provisions of this act [69-3-6 to 69-3-9 NMSA 1978] shall not include or be applicable to seismic, core or other exploratory holes or wells drilled in search of, or for the production of, natural gas or hydrocarbons in any form. History: 1953 Comp., § 63-2-3.5, enacted by Law…

Any person who fails or refuses to make any report required by this act [69-3-6 to 69-3-9 NMSA 1978] or who knowingly makes a false report of any information required by this act is guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than five hu…

History: Laws 1933, ch. 153, § 1; 1941 Comp., § 67-301; 1953 Comp., § 63-3-1; Laws 1955, ch. 129, § 1; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 10; 1941 Comp., § 67-310; 1953 Comp., § 63-3-10; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

ANNOTATIONS Repeals. — Laws 1989, ch. 193, § 19 repealed 69-4-2 NMSA 1978, as enacted by Laws 1933, ch. 153, § 2, relating to the definition of "inspector", effective July 1, 1989.

History: Laws 1933, ch. 153, § 3; 1941 Comp., § 67-301; 1953 Comp., § 63-3-1; Laws 1955, ch. 129, § 1; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 4; 1941 Comp., § 67-304; 1953 Comp., § 63-3-4; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 5; 1941 Comp., § 67-305; 1953 Comp., § 63-3-5; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 6; 1941 Comp., § 67-306; 1953 Comp., § 63-3-6; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 7; 1941 Comp., § 67-307; 1953 Comp., § 63-3-7; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 8; 1941 Comp., § 67-308; 1953 Comp., § 63-3-8; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 9; 1941 Comp., § 67-309; 1953 Comp., § 63-3-9; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

ANNOTATIONS Repeals. — Laws 1979, ch. 68, § 4, repealed 69-5-1 NMSA 1978, relating to the appointment of a state mine inspector. For present provisions, see 69-5-7 NMSA 1978. 69-5-2 to 69-5-6. Repealed.

The state mine inspector shall make an entry of record in the state mine inspector's office of each compliance assistance visit and shall furnish the operator a copy thereof. History: Laws 1933, ch. 153, § 16; 1941 Comp., § 67-406; 1953 Comp., § 63-4-8.; 2007, ch. 301, § 4; 2007,…

History: Laws 1933, ch. 153, § 17; 1941 Comp., § 67-407; 1953 Comp., § 63-4-9; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

ANNOTATIONS Repeals. — Laws 1987, ch. 234, § 84 repealed 69-5-12 NMSA 1978, as amended by Laws 1953, ch. 82, § 2, relating to office, fixtures and equipment and traveling expenses for the state inspector of mines, effective July 1, 1987. For present comparable provisions, see 69-…