In issuing oil and gas leases, the commissioner shall:
A. use the exploratory lease form as set forth in Section 19-10-4.1 NMSA 1978 for oil and gas leases of tracts classified as nonrestricted lands under Section 19-10-3 NMSA 1978;
B. use the discovery lease form as set forth in Section 19-10-4.2 NMSA 1978 or the exploratory lease form for oil and gas leases of tracts classified as restricted lands and categorized as regular under Section 19-10-3 NMSA 1978; and
C. use the development lease form as set forth in Section 19-10-4.3 NMSA 1978, the discovery lease form or the exploratory lease form for oil and gas leases of tracts classified as restricted lands and categorized as premium under Section 19-10-3 NMSA 1978; provided that in using the development lease form for a tract receiving less than ninety total percentage points under Section 19-10-3 NMSA 1978, the royalty rate shall not exceed three-sixteenths.
History: 1978 Comp., § 19-10-4, enacted by Laws 1985, ch. 195, § 2.
Repeals and reenactments. — Laws 1985, ch. 195, § 2, repealed former 19-10-4 NMSA 1978, as enacted by Laws 1977, ch. 298, § 1, relating to the term and form of an oil and gas lease notwithstanding the provisions of 19-10-3 NMSA 1978, and enacted a new section. For present comparable provisions, see 19-10-4.1, 19-10-4.2, 19-10-4.3 NMSA 1978.
Structure 2021 New Mexico Statutes
Article 10 - Lease of Oil and Gas Lands
Section 19-10-1 - [Issuance of leases authorized; lands subject; carbon dioxide leases exempted.]
Section 19-10-2 - Definitions.
Section 19-10-3 - Classification of state lands for oil and gas leasing.
Section 19-10-4 - Authorization to lease; lease provisions.
Section 19-10-4.2 - Discovery form of lease; regular restricted or premium restricted lands.
Section 19-10-4.3 - Development form of lease; premium restricted land.
Section 19-10-5 - Existing leases; stipulation.
Section 19-10-5.1 - Amendment of lease to lower royalty rate for oil wells under certain conditions.
Section 19-10-6 - Shut-in oil wells; conditions.
Section 19-10-7 - Exploratory form of lease; different term of years.
Section 19-10-8 - [Extension of terms of leases.]
Section 19-10-9 - [Existing leases; stipulation to bring helium gas within terms.]
Section 19-10-12 - [New lease or extension where no discovery made; preference right; conditions.]
Section 19-10-13 - [Assignment of leases; procedure; effect.]
Section 19-10-14 - [Application for lease; form; deposit; appraisement.]
Section 19-10-16 - [Restricted districts; method of leasing; added area; notice; rental.]
Section 19-10-18 - No bids made; subsequent lease.
Section 19-10-19 - [Withholding lands from lease authorized.]
Section 19-10-21 - [Rules and regulations; amendment; rescission; effective date.]
Section 19-10-23 - Appeal of commissioner's decision.
Section 19-10-24 - [Contesting claims; jurisdiction of district court; appeal and error.]
Section 19-10-25 - [Proof of commissioner's records.]
Section 19-10-28 - [Lessee to purchase prior improvements on lands; proof of payment.]
Section 19-10-29 - [Removal of certain improvements on cancellation or forfeiture of lease.]
Section 19-10-30 - [Rules and regulations authorized.]
Section 19-10-32 - [Acknowledgments required; commissioner excepted.]
Section 19-10-33 - [Contracts relating to oil and gas rights; filing for record in land office.]
Section 19-10-34 - [System of records; indexing; public inspection.]
Section 19-10-35 - [Tract book system for oil and gas lands.]
Section 19-10-36 - [Rules and regulations; protection of instruments and records.]
Section 19-10-37 - [Filing and recording fees; disposition; expenses payable from maintenance fund.]
Section 19-10-38 - [Repeal and saving clause.]
Section 19-10-42 - [Distribution of suspense funds after litigation is completed.]
Section 19-10-43 - [Suit by state to determine rights.]
Section 19-10-44 - [Intervention in pending litigation by attorney general.]
Section 19-10-46 - [Cooperative agreements; requisites for approval.]
Section 19-10-47 - [Amendment of leases to conform with cooperative agreements.]
Section 19-10-49 - [Validating act.]
Section 19-10-50 - Oil, gas and mineral leases on state park lands.
Section 19-10-53 - [State participation in pooling and communitization agreements authorized.]
Section 19-10-55 - [Validation of oil and gas leases.]
Section 19-10-57 - Rules; regulations; notice; hearing.
Section 19-10-58 - Rules; regulations; record; filing with supreme court librarian.
Section 19-10-59 - Reporting and rendition forms to be adopted by rule or regulation.
Section 19-10-61 - [Sale or exchange of royalty gas taken in kind.]
Section 19-10-63 - [Validation of oil and gas leases; 1967 act.]
Section 19-10-64 - [Royalties paid in oil; sale of;] purpose of act.
Section 19-10-65 - Definitions.
Section 19-10-66 - Payment of royalties of the state in oil on demand.
Section 19-10-67 - Sale of state oil royalties; preference; authority of commissioner.
Section 19-10-68 - Application for preference in sale of royalty oil; requirements.
Section 19-10-69 - Grant of preference based upon application.
Section 19-10-70 - Advertising for bids; priority of bidders; award of oil.