2021 New Mexico Statutes
Article 10 - Lease of Oil and Gas Lands
Section 19-10-65 - Definitions.

As used in Sections 19-10-64 through 19-10-70 NMSA 1978:
A. "refinery charge stocks" means crude oils, petroleum or gas condensates and blends thereof and all other products charged or chargeable to petroleum refinery facilities;
B. "royalty oil" means crude oil, liquid petroleum products, condensates from wells or lease plants or a mixture thereof; and
C. "small business" means a concern owning a refinery located in New Mexico that obtains more than seventy percent of its New Mexico refinery input of crude oil from producers which do not control, are not controlled by and are not under common control with such concern and that does not refine more than one hundred thousand barrels per day of crude oil at owned or leased facilities located in New Mexico.
History: 1953 Comp., § 7-11-58, enacted by Laws 1967, ch. 34, § 2; 1981, ch. 105, § 1; 1991, ch. 4, § 1.
The 1991 amendment, effective June 14, 1991, in Subsection C, substituted "one hundred thousand barrels" for "fifty thousand barrels" and made minor stylistic changes.
Independent refinery. — A petroleum producer, refiner and marketer, which was the subsidiary of a corporation concerned chiefly with wholesaling and retailing liquid petroleum gas on the East Coast, was nevertheless an independently owned and operated refinery within the meaning of this section; the indicia of separateness considerably outweighed those of sameness of identity. 1973 Op. Att'y Gen. No. 73-50.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 19 - Public Lands

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 19-10-4.1 - Exploratory form of lease; nonrestricted; regular restricted or premium restricted lands.

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 19-10-10 - Repealed.

Section 19-10-11 - [Statement with royalty payment; inspection of books; state's lien for unpaid royalty; log; specimen of drill cuttings.]

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 19-10-15 - [Rental; limits; first year; rental districts; alteration; maximum size of lease; rent where lease crosses district line.]

Section 19-10-16 - [Restricted districts; method of leasing; added area; notice; rental.]

Section 19-10-17 - Public sale of restricted district leases; time; regulations; notice; minimum bonus; sealed bids or public auction authorized; site of sale; publication of notice; rejection of bids; completion of transaction.

Section 19-10-18 - No bids made; subsequent lease.

Section 19-10-19 - [Withholding lands from lease authorized.]

Section 19-10-20 - [Cancellation of lease for nonpayment or nonperformance of requirements by lessee; notice.]

Section 19-10-21 - [Rules and regulations; amendment; rescission; effective date.]

Section 19-10-22 - [Validation of existing leases; contest of claims; relinquishment for conversion; terms of new lease; fees.]

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 19-10-26 - [Lands sold with reservation of minerals; lease; bond to protect purchaser; waiver.]

Section 19-10-27 - [Lands sold on deferred payments with reservation of minerals or classified as mineral lands prior to full payment or issuance of patent; limited patent.]

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 19-10-31 - [Filing and recording of leases, other instruments and assignments with commissioner; constructive notice; recording in county waived.]

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 19-10-39 - [Litigation involving lessee's oil and gas rights on land sold with reservation of oil and gas; suspense account for royalty payments.]

Section 19-10-40 - [Litigants to show right to have royalties placed in suspense fund; determination of amount.]

Section 19-10-41 - [Remitting moneys for oil and gas royalty suspense fund; investment of fund; disposition of investment income.]

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 19-10-45 - Cooperative agreements for development or operation of oil and gas pools between lessees and others.

Section 19-10-46 - [Cooperative agreements; requisites for approval.]

Section 19-10-47 - [Amendment of leases to conform with cooperative agreements.]

Section 19-10-48 - [Effect of provisions on powers of oil conservation commission and commissioner of public lands.]

Section 19-10-49 - [Validating act.]

Section 19-10-50 - Oil, gas and mineral leases on state park lands.

Section 19-10-51 - Terms and conditions of leases on state park lands; disposition of rentals and royalties.

Section 19-10-52 - [Drainage of state lands by oil or gas wells required to be offset; agreement to compensate state.]

Section 19-10-53 - [State participation in pooling and communitization agreements authorized.]

Section 19-10-54 - [Existing pooling and communitization agreements confirmed and validated; segregation of leases in accordance with prior agreement.]

Section 19-10-55 - [Validation of oil and gas leases.]

Section 19-10-56 - Reports and remittance of state royalty; rules and regulations prescribed by commissioner.

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 19-10-60 - Repealed.

Section 19-10-61 - [Sale or exchange of royalty gas taken in kind.]

Section 19-10-62 - Repealed.

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.