In all cases where production of potassium, sodium, phosphorus and other minerals of similar occurrence, and their salts and compounds has been obtained by the lessee in paying quantities upon lands covered by any valid lease heretofore or hereafter issued by the commissioner of public lands under the provisions of Sections 19-8-4 to 19-8-7 NMSA 1978, the commissioner of public lands may authorize a suspension of production on such lease during either the primary, or fixed term, or during the secondary, or indeterminable term, of such lease for such period as may be fixed by him, from time to time, where:
A. temporary conditions exist, with regard to the leased land then being mined, which would operate to prevent the mining of the maximum minable ore in keeping with safe mining practices;
B. separate parts of the lands covered by the lease are so situated with respect to other lands owned or leased by the lessee that lessee should be allowed a reasonable time to reach and mine the various parts of the lands covered by the lease in keeping with an orderly mining program and with a view to the proper development and mining of the entire area of which the various parts of the lands covered by the lease and other lands are an integral part; or
C. marketing conditions are such that the lease cannot be mined and operated except at a loss.
No suspension authorized by the terms of this act [19-8-8, 19-8-9 NMSA 1978] shall be for a period of more than five years and in no event shall any suspension of production under any lease be for a period longer than ten years from the date on which the term of the lease would have expired in the absence of suspension of production.
History: 1953 Comp., § 7-9-12.1, enacted by Laws 1959, ch. 178, § 1.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Structure 2021 New Mexico Statutes
Article 8 - Lease of Mineral Lands
Section 19-8-1 - [Concealment of returns; defrauding state of royalty; penalty.]
Section 19-8-2 - [Inspection of lessee's books by commissioner.]
Section 19-8-4 - Leases for certain minerals; rentals; royalty.
Section 19-8-5 - [Term of lease.]
Section 19-8-6 - [Salt lease statutes excepted.]
Section 19-8-7 - [Rules and regulations authorized.]
Section 19-8-10 - [Saline leases; royalties; record of sales; conditions.]
Section 19-8-11 - [Term of saline lease; extension.]
Section 19-8-13 - [Mineral lands; development.]
Section 19-8-14 - Issuance of mineral leases authorized; minerals not included.
Section 19-8-15 - Minerals, lessees, legal subdivision defined.
Section 19-8-16 - Validation of existing leases and permits; renewals of permits prohibited.
Section 19-8-17 - Relinquishment of permits for conversion.
Section 19-8-18 - Term of leases.
Section 19-8-19 - [Terms of leases; stipulation of conditions under statute; filing and recording.]
Section 19-8-20 - Leases; stipulation; rental.
Section 19-8-23 - Covenants to market and develop.
Section 19-8-25 - Inspection of records; reports.
Section 19-8-26 - Relinquishment of leases.
Section 19-8-27 - Violation of lease; notice; forfeiture for noncompliance with demand.
Section 19-8-28 - Assignment of leases; form; approval; effect; lands in production.
Section 19-8-29 - Improvements removable upon termination of lease.
Section 19-8-30 - Area of lease.
Section 19-8-31 - Posting of open acreage; simultaneous applications.