Chapter 70 — Chapter 70

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 70-8-5.1 NMSA 1978 has been recompiled as 12-12-15 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 70-8-6 NMSA 1978 has been recompiled as 12-12-16 NMSA 1978, effective July 1, 2005. ARTICLE 9 Pet…

There is hereby established a "New Mexico petroleum recovery research center" which shall be a division of the New Mexico institute of mining and technology and under the direction of its board of regents. History: 1953 Comp., § 73-27-28, enacted by Laws 1977, ch. 143, § 1.

The objectives and duties of the New Mexico petroleum recovery research center shall be as follows: A. to engage in theoretical and practical research into the recovery of petroleum and other energy resources; B. to disseminate the knowledge acquired; C. to assist, in all legal w…

A. The board of regents shall cause to be prepared such reports showing the progress and condition of the center as the board may deem necessary or useful. B. The reports of the center shall be printed as the board of regents may direct and the reports may be distributed or sold …

The center may receive appropriations from the state directly or through the board of regents and may receive any or other items of value from public or private sources. History: 1953 Comp., § 73-27-31, enacted by Laws 1977, ch. 143, § 4. ARTICLE 10 Oil and Gas Proceeds Payments

This act [70-10-1 to 70-10-3, 70-10-4, 70-10-5 NMSA 1978] may be cited as the "Oil and Gas Proceeds Payment Act". History: Laws 1985, ch. 55, § 1.

As used in the Oil and Gas Proceeds Payment Act: A. "oil and gas" means crude oil, natural gas, casinghead gas, condensate or any other related hydrocarbons; B. "oil and gas proceeds" means all payments derived from oil and gas production from any well located in New Mexico, whet…

The oil and gas proceeds derived from the sale of production from any well producing oil, gas or related hydrocarbons in New Mexico shall be paid to all persons legally entitled to such payments, commencing not later than six months after the first day of the month following the …

A. The operator or lessee arranging for the sale of oil and gas shall furnish the payor with the name, the address and the percentage of interest of each person to whom payment is to be made, as well as proof of marketable title to all of the oil and gas to be sold. B. The payor …

A. Any delay in determining any person legally entitled to an interest in the proceeds from production shall not affect payments to all other persons entitled to payments. In instances where payments cannot be made within the time period provided in Section 70-10-3 NMSA 1978, the…

If a payor fails to make payment to the person entitled to payment within the period provided in Section 70-10-3 NMSA 1978 and after the payor has been furnished with the information required by Section 70-10-3.1 NMSA 1978, the payor shall pay the person the unpaid amount of the …

The prevailing party in any proceedings brought pursuant to the Oil and Gas Proceeds Payment Act shall be entitled to recover all court costs and reasonable attorneys' fees. History: 1978 Comp., § 70-10-6, enacted by Laws 1991, ch. 235, § 5. ARTICLE 11 Office of Interstate Natura…

The purpose of this act [70-11-1 to 70-11-6 NMSA 1978] is to protect the economic well-being of New Mexico's interstate natural gas markets and revenues derived from those markets by conducting economic and legal studies of the federal energy regulatory commission and regulatory …

There is created the "office of interstate natural gas markets" to be located in the energy, minerals and natural resources department. The office shall: A. conduct economic and legal studies of the interstate natural gas markets, of the trade policies and practices of the federa…

There shall be a director for the office of interstate natural gas markets. The director shall be experienced in the areas of natural gas resources and marketing and may be the director of natural gas programs. History: Laws 1989, ch. 189, § 3.

The director is responsible for the operation of the office of interstate natural gas markets. It is the director's duty to manage all operations of the office and to administer and enforce the provisions of Section 2 [70-11-2 NMSA 1978] of this act and the purposes outlined in L…

A. A "technical advisory committee" to the office of interstate natural gas markets is created. The committee shall consist of four members as follows: (1) the secretary of energy, minerals and natural resources or his designee; (2) the director of natural gas programs or his des…

ANNOTATIONS Repeals. — Laws 1991, ch. 65, § 1 repeals 70-11-6 NMSA 1978, as enacted by Laws 1989, ch. 189, § 6, relating to termination of the article on June 30, 1991, effective June 14, 1991. For provisions of former section, see 1989 Cumulative Supplement.

A. The legislature finds that: (1) the natural gas industry is an important contributor to the New Mexico economy, as a significant source of both employment and direct state revenues; (2) New Mexico ranks second among the states in onshore natural gas reserves and will likely co…

A. The energy, minerals and natural resources department and the economic development department shall jointly study the need for additional natural gas pipelines to transport natural gas produced in New Mexico to additional markets. The study shall include: (1) the economic feas…

This act [70-12-1 to 70-12-10 NMSA 1978] may be cited as the "Surface Owners Protection Act". History: Laws 2007, ch. 5, § 1.

The provisions of the Surface Owners Protection Act apply to all oil and gas operations commenced on or after July 1, 2007 except: A. maintenance and ongoing production activities related to an oil or gas well producing or capable of producing oil or gas on June 30, 2007 for whic…

The Surface Owners Protection Act applies to: A. private fee surface land; and B. leasehold interests in any land on which oil and gas operations are conducted when the tenant incurs damages to leasehold improvements as a result of oil and gas operations. History: Laws 2007, ch. …

As used in the Surface Owners Protection Act: A. "oil and gas operations" means all activities affecting the surface owner's land that are associated with exploration, drilling or production of oil or gas, through final reclamation of the affected surface; B. "operator" means a p…

A. An operator shall compensate the surface owner for damages sustained by the surface owner, as applicable, for loss of agricultural production and income, lost land value, lost use of and lost access to the surface owner's land and lost value of improvements caused by oil and g…

compensation agreement. A. Prior to initial entry upon the land for activities that do not disturb the surface, including inspections, staking, surveys, measurements and general evaluation of proposed routes and sites for oil and gas operations, the operator shall provide at leas…

If, after thirty days from a surface owner receiving notice pursuant to Subsection B of Section 4[5] [70-12-5 NMSA 1978] of the Surface Owners Protection Act, no surface use and compensation agreement has been entered into, the operator may enter the surface owner's property and …

In an action brought pursuant to the Surface Owners Protection Act, if the court finds that compensation is owed under Section 3[4] [70-12-4 NMSA 1978] of the Surface Owners Protection Act the court may also award the prevailing party: A. attorney fees and costs if: (1) the opera…

The remedies provided by the Surface Owners Protection Act are not exclusive and do not preclude a person from seeking other remedies allowed by law. History: Laws 2007, ch. 5, § 8.

Notwithstanding any provisions of the Surface Owners Protection Act to the contrary, no notice, surface use and compensation agreement or bond shall be required in emergency situations for activities to protect health, safety or the environment. History: Laws 2007, ch. 5, § 9.

Sections 1 through 5 [70-13-1 to 70-13-5 NMSA 1978] of this act may be cited as the "Produced Water Act". History: Laws 2019, ch. 197, § 1.

As used in the Produced Water Act: A. "operator" means a person authorized by the oil conservation division of the energy, minerals and natural resources department to operate a unit for an oil or gas well or other oil or gas facility; B. "produced water" means a fluid that is an…

It is the jurisdiction of: A. the oil conservation division of the energy, minerals and natural resources department to regulate produced water as provided in the Oil and Gas Act [Chapter 70, Article 2 NMSA 1978]; and B. the water quality control commission to regulate produced w…

use. A. Unless otherwise provided by law, a contract, bill of sale or other legally binding document: (1) all produced water that is produced from an oil or gas well is the responsibility of and under the control of the working interest owners and operator of that oil or gas well…

on use of recycled or treated produced water. A provision of an agreement, covenant or promise, foreign or domestic, between private parties, entered into on or after July 1, 2019 is against public policy and void to the extent of it: A. allows a private party to charge a tariff …