Chapter 70 — Chapter 70

A licensee whose license is canceled or suspended by order of the commission may appeal the decision by filing an appeal with the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 65-7-16, enacted by Laws 1973, ch. 362, § 16; 1977, ch…

license; appeal. The same procedure, rights and penalties as specified in the LPG and CNG Act in the cases of revocation or suspension of licenses are available, where applicable, in cases where the bureau refused to grant a license, except that no formal notice of hearing on an …

rule or regulation. The failure of any person, firm or corporation or any association engaged in any LP gas or CNG activity or operation requiring a license by the bureau to comply, within forty-eight hours after the receipt of any certified order of the bureau or commission requ…

Nothing contained in the LPG and CNG Act shall be construed as preventing any municipality from collecting local occupation taxes or license fees under the provisions of any local ordinance, but licensees under the LPG and CNG Act are specifically exempted from application of the…

Chapter 70, Article 5 NMSA 1978 may be cited as the "LPG and CNG Act". History: 1953 Comp., § 65-7-1.1, enacted by Laws 1973, ch. 362, § 2; 1993, ch. 186, § 2.

The bureau may enforce the laws relating to LP gases and CNG and any rules, regulations or orders adopted by it or the commission pursuant to those laws by injunction in the district courts, which remedy shall be in addition to the civil and criminal penalties provided in the LPG…

Any person violating any provision of the LPG and CNG Act or the rules, regulations or orders of the bureau or the commission issued pursuant to that act is guilty of a misdemeanor and shall be punished pursuant to Subsection A of Section 31-19-1 NMSA 1978. History: 1941 Comp., §…

The bureau may charge an administrative penalty for any violation of the LPG and CNG Act or the rules, regulations, codes or orders of the bureau. History: 1953 Comp., § 65-7-23, enacted by Laws 1973, ch. 362, § 22; 1977, ch. 245, § 143; 1993, ch. 186, § 19.

authorization; emergency exception; list of customers. A. As used in this section: (1) "emergency" means a situation in which the state, a county or municipality or a tribal government issues a declaration finding in whole or in part that a lack of LP gas for heating, cooling or …

equipping and installing of containers and equipment. All containers and pertinent equipment used or to be used in this state for CNG equipment when attached to motor vehicles or for the storage, transporting or dispensing of LP gases or CNG by industrial, commercial or domestic …

rules and regulations. The selling, offering for sale, constructing, assembling, repairing, equipping, installing, filling with fuel, storage of fuel within, dispensing of fuel from or transporting fuel within containers described in Section 70-5-3 NMSA 1978 without the container…

exceptions to act. A. The commission may adopt and promulgate rules and regulations as are necessary to carry out the purpose of the LPG and CNG Act [this article] and for the public peace, health and safety as affected by the use of such materials. The regulations made shall sub…

A. No person, firm or corporation shall engage in this state in the manufacturing, assembling, repairing, selling or installing of containers or appliances or of equipment for CNG attached or to be attached to motor vehicles to be used with LP gases as a fuel, nor shall any perso…

dispensing, installation, service or repair. A. The bureau may require each person, firm or corporation that transports or dispenses LP gas or that installs, repairs or services appliances, containers, equipment or piping for the use of LP gas to have all persons who perform thes…

A. An inspector of the bureau may enter any building or proceed on to any premises at any reasonable time in the discharge of his official duties for the purpose of making an inspection of work performed or of testing any installation within the jurisdiction of the bureau. B. An …

A. For the purpose of defraying the expenses of administering the laws relating to the use of CNG in motor vehicles or the LP gas industry, each person, firm or corporation, at the time of application for a license and annually thereafter on or before December 31 of each calendar…

The underground storage of natural gas which promotes conservation thereof, which permits the building of reserves for orderly withdrawal in periods of peak demand, which makes more readily available our natural gas resources to the domestic, commercial and industrial consumers o…

As used in Chapter 70, Article 6 NMSA 1978: A. "underground storage" means storage of natural gas in a subsurface stratum or formation of the earth; B. "natural gas" means natural gas either while in its original state after withdrawal from the earth or after it has been processe…

gas storage; lands controlled by public body, executor, administrator, guardian, receiver or trustee. Any natural gas company desiring to make use of a formation or stratum as a reservoir for the underground storage of natural gas shall attempt to acquire by option, lease, convey…

By eminent domain proceedings, any natural gas company may appropriate for underground storage of natural gas any subsurface stratum or formation in any land which the division shall have found to be suitable for the underground storage of natural gas, and in connection therewith…

Any natural gas company desiring to exercise the right of eminent domain as to any land for underground storage of natural gas shall, as a conditional [condition] precedent to the filing of its petition in the district court, obtain from the division a decision finding: A. that t…

The laws, rules and regulations relating to commission or division action in matters pertaining to conservation of oil and gas shall be applicable to commission or division proceedings under this act [70-6-1 to 70-6-8 NMSA 1978]. History: 1953 Comp., § 65-9-6, enacted by Laws 196…

Any natural gas company having first obtained a decision from the division may proceed to appropriate for underground storage of natural gas subsurface strata or formations and such other interests in the property as may be required to maintain and operate facilities for such und…

All natural gas which has previously been reduced to possession, and which is subsequently injected into underground storage in any strata or formation shall at all times be deemed the property of the injector, his heirs, successors or assigns; and in no event shall such gas be s…

The legislature finds and determines that it is desirable and necessary under the circumstances and for the purposes hereinafter set out to authorize and provide for the unitized management, operation and further development of the oil and gas properties to which the Statutory Un…

The division, by order, may provide for the unit operation of a pool or parts thereof that embrace a unit area established by a previous order of the division. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established a…

An order may provide for unit operation on less than the whole of a pool where the unit area is of such size and shape as may be reasonably suitable for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool. History: 1953 Comp., § 65-14…

All operations, including but not limited to, the commencement, drilling or operation of a well upon any portion of the unit area shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The p…

The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations. History: 1953 C…

Subject to such reasonable limitations as may be set out in the plan of unitization, the unit shall have a first and prior lien upon the leasehold estate and other oil and gas rights (exclusive of a one-eighth royalty interest or exclusive of the interest provided in the unit ope…

The obligation or liability of each working interest owner in the several separately owned tracts in the unit for the payment of unit expense at all times shall be several and not joint or collective, and a working interest owner shall not be chargeable with, obligated or liable …

A. No division order or other contract relating to the sale or purchase of production from a separately owned tract shall be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to such tract until terminated in accor…

Except to the extent that the parties affected so agree, no order providing for unit operations shall be construed to result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area. All property, whether real or personal…

lease burdens. Property rights, leases, contracts and other rights or obligations shall be regarded as amended and modified only to the extent necessary to conform to the provisions and requirements of the Statutory Unitization Act and to any valid order of the division providing…

restraint of trade. No agreement between or among lessees or other owners of oil and gas rights in oil and gas properties entered into pursuant hereto or with a view or for the purpose of bringing about the unitized development or operation of such properties shall be held to vio…

This act [70-7-1 to 70-7-21 NMSA 1978] may be cited as the "Statutory Unitization Act." History: 1953 Comp., § 65-14-2, enacted by Laws 1975, ch. 293, § 2.

A copy of each unit agreement shall be recorded in the office of the county clerk of the county or counties in which the unit is situated. History: 1953 Comp., § 65-14-20, enacted by Laws 1975, ch. 293, § 20.

From and after the date designated by the division that a unit plan shall become effective, the operation of any well producing from the pool within the area subject to said unit plan, by persons other than persons acting under the authority of the unit plan, or except in the man…

division. Subject to the limitations of the Statutory Unitization Act, the oil conservation division of the energy, minerals and natural resources department, hereinafter referred to as the "division", is vested with jurisdiction, power and authority and it shall be its duty to m…

For the purposes of the Statutory Unitization Act, unless the context otherwise requires: A. "pool" means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas or both. Each zone of a general structure, which zone is completely separate f…

Any working interest owner may file an application with the division requesting an order for the unit operation of a pool or any part thereof. The application shall contain: A. a description of the proposed unit area and the vertical limits to be included therein with a map or pl…

unitization order. A. After an application for unitization has been filed with the division and after notice and hearing, all in the form and manner and in accordance with the procedural requirements of the division, and prior to reaching a decision on the petition, the division …

The order providing for unitization and unit operation of a pool or part of a pool shall be upon terms and conditions that are fair, reasonable and equitable and shall approve or prescribe a plan or unit agreement for unit operation which shall include: A. a legal description in …

A. No order of the division providing for unit operations shall become effective unless and until the plan for unit operations prescribed by the division has been approved in writing by those persons who, under the division's order, will be required initially to pay at least seve…

An order providing for unit operations may be amended by an order made by the division in the same manner and subject to the same conditions as an original order providing for unit operations, provided: A. if such an amendment affects only the rights and interests of the working …

ANNOTATIONS Recompilation. — The Emergency Petroleum Products Supply Act has been recompiled by Laws 2005, ch. 22, § 4 as part of the Chapter 12, Article 12 NMSA 1978. Former Section 70-8-1 NMSA 1978 has been recompiled as 12-12-10 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — The Emergency Petroleum Products Supply Act has been recompiled by Laws 2005, ch. 22, § 4 as part of the Chapter 12, Article 12 NMSA 1978. Former Section 70-8-2 NMSA 1978 has been recompiled as 12-12-11 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — The Emergency Petroleum Products Supply Act has been recompiled by Laws 2005, ch. 22, § 4 as part of the Chapter 12, Article 12 NMSA 1978. Former Section 70-8-3 NMSA 1978 has been recompiled as 12-12-12 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — The Emergency Petroleum Products Supply Act has been recompiled by Laws 2005, ch. 22, § 4 as part of the Chapter 12, Article 12 NMSA 1978. Former Section 70-8-4 NMSA 1978 has been recompiled as 12-12-13 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — The Emergency Petroleum Products Supply Act has been recompiled by Laws 2005, ch. 22, § 4 as part of the Chapter 12, Article 12 NMSA 1978. Former Section 70-8-5 NMSA 1978 has been recompiled as 12-12-14 NMSA 1978, effective July 1, 2005.