Nothing in the Geothermal Resources Act [19-13-1 to 19-13-28 NMSA 1978] shall be construed to require the commissioner to offer any tract or tracts of state lands for lease. The commissioner may withhold any tract or tracts from leasing for geothermal resources purposes, if, in his opinion, the best interests of the state would be served by so doing. Nothing in the Geothermal Resources Act shall be construed to prohibit the commissioner from rejecting any application at any time prior to approval, or offering the land embraced within the application for lease by competitive bidding by sealed bids or at public auction to the bidder offering the highest bonus in addition to the annual rentals or royalties as set by the commissioner. Notice of the public sale pursuant to this section shall be given by posting in a conspicuous place in the state land office not less than ten days before the date of sale, a written notice of the sale specifying the day and hour when the sale will be held, the place where the sale will be held and a description of the state land to be offered for lease. The notice shall also state that the sale will be conducted through sealed bids or at public auction and any other information the commissioner determines is necessary. Where two or more sealed bids are received making the same offer on the same land, the commissioner shall award the lease to the land in accordance with regulations prescribed by the commissioner.
History: 1953 Comp., § 7-15-26, enacted by Laws 1967, ch. 158, § 26.
Cross references. — For publication of legal notice, see 14-11-1 NMSA 1978 et seq.
Structure 2021 New Mexico Statutes
Article 13 - Lease of Geothermal Resources on State Lands
Section 19-13-1 - Short title.
Section 19-13-2 - Definitions.
Section 19-13-3 - Administration of act.
Section 19-13-4 - Geothermal resources of commercial value.
Section 19-13-5 - Leases; applications; limitations.
Section 19-13-6 - Known geothermal resources fields.
Section 19-13-7 - Leases; terms; rentals and royalties.
Section 19-13-8 - Leases; relinquishment.
Section 19-13-9 - Rent or royalties; waiver; suspension; reduction.
Section 19-13-10 - Suspension of operation and production.
Section 19-13-11 - Leases; duration.
Section 19-13-11.1 - Leases; stipulation; rental; royalty.
Section 19-13-11.2 - Validation of geothermal resource leases.
Section 19-13-12 - Combining geothermal resources.
Section 19-13-13 - Reinjecting geothermal resources.
Section 19-13-14 - Cooperative development or operation.
Section 19-13-15 - Posting of open acreage; simultaneous applications.
Section 19-13-16 - State land sales and leases; reservations.
Section 19-13-17 - Use of the surface.
Section 19-13-18 - Bonds; surface damage; performance.
Section 19-13-19 - State lands; jurisdictions.
Section 19-13-20 - General mining lease; lease preference.
Section 19-13-21 - Transferability.
Section 19-13-22 - Inspection of records; reports.
Section 19-13-23 - Violation of lease; notice; forfeiture.
Section 19-13-24 - Removing improvements upon termination of lease.
Section 19-13-25 - Regulations.
Section 19-13-26 - Withholding state lands from lease; lease by competitive bids.