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Article 1 - Assignments and Leases
Section 70-1-1 - [Production of oil, gas or other minerals; assignments of royalties to be recorded.] - That all assignments and other instruments of transfer of royalties...
Section 70-1-2 - [Effect of recording or failure to record.] - Such records shall be notice to all persons of the...
Section 70-1-3 - [Forfeiture of oil, gas or mineral lease; release from record.] - Whenever any oil, gas or other mineral lease heretofore or...
Section 70-1-4 - [Failure to execute release; action to obtain release; damages; attachment.] - Should the owner of such lease neglect or refuse to...
Section 70-1-5 - [Demand for release must precede action.] - At least twenty days before bringing the action provided for...
Article 2 - Oil Conservation Commission; Division;
Section 70-2-1 - Short title. - Chapter 70, Article 2 NMSA 1978 may be cited as...
Section 70-2-2 - [Waste prohibited.] - The production or handling of crude petroleum oil or natural...
Section 70-2-3 - Waste; definitions. - As used in this act the term "waste," in addition...
Section 70-2-4 - Oil conservation commission; members; term; officers; quorum; power to administer oaths. - There is created an "oil conservation commission", hereinafter in the...
Section 70-2-5 - Oil conservation division; director; state petroleum engineer. - A. The director of the oil conservation division of the...
Section 70-2-6 - Commission's and division's powers and duties. - A. The division shall have, and is hereby given, jurisdiction...
Section 70-2-7 - Rules of procedure in hearings; manner of giving notice; record of rules, regulations and orders. - The oil conservation division of the energy, minerals and natural...
Section 70-2-8 - Subpoena power; immunity of natural persons required to testify. - The commission, or any member thereof, or the director of...
Section 70-2-9 - Failure or refusal to comply with subpoena; refusal to testify; body attachment; contempt. - In case of failure or refusal on the part of...
Section 70-2-10 - Perjury; punishment. - If any person of whom an oath shall be required...
Section 70-2-11 - Power of commission and division to prevent waste and protect correlative rights. - A. The division is hereby empowered, and it is its...
Section 70-2-12 - Enumeration of powers. - A. The oil conservation division of the energy, minerals and...
Section 70-2-12.1 - Disposition of produced water; no permit required. - No permit shall be required from the state engineer for...
Section 70-2-12.2 - Adoption of rules; appeals. - A. No rule shall be adopted pursuant to the Oil...
Section 70-2-13 - Additional powers of commission or division; hearings before examiner; hearings de novo. - In addition to the powers and authority, either express or...
Section 70-2-14 - Requirement for financial assurance. - A. Each person, firm, corporation or association who operates any...
Section 70-2-15 - Allocation of allowable production among fields when division limits total amount of production. - Whenever, to prevent waste, the division limits the total amount...
Section 70-2-16 - Allocation of allowable production in field or pool. - A. Whenever, to prevent waste, the total allowable production of...
Section 70-2-17 - Equitable allocation of allowable production; pooling; spacing. - A. The rules, regulations or orders of the division shall,...
Section 70-2-18 - Spacing or proration unit with divided mineral ownership. - A. Whenever the operator of any oil or gas well...
Section 70-2-19 - Common purchasers; discrimination in purchasing prohibited. - A. Every person now engaged or hereafter engaging in the...
Section 70-2-20 - Repealed. - Repeals. — Laws 1981, ch. 362, § 3, repeals 70-2-20...
Section 70-2-21 - Purchase, sale or handling of excess oil, natural gas or products prohibited. - A. The sale or purchase or acquisition, or the transportation,...
Section 70-2-22 - Rules and regulations to effectuate prohibitions against purchase or handling of excess oil or natural gas; penalties. - A. The division is specifically authorized and directed to make...
Section 70-2-23 - Hearings on rules, regulations and orders; notice; emergency rules. - Except as provided for herein, before any rule, regulation or...
Section 70-2-24 - Reports of governmental departments or agencies as to market demand to be deemed prima facie correct. - The reports, estimates, findings of fact or similar documents or...
Section 70-2-25 - Rehearings; appeals. - A. Within twenty days after entry of an order or...
Section 70-2-26 - Review of oil conservation commission decision; appeals. - The secretary of energy, minerals and natural resources may hold...
Section 70-2-27 - Temporary restraining order or injuction [injunction]; grounds; hearing; bond. - A. No temporary restraining order or injunction of any kind...
Section 70-2-28 - Actions for violations. - Whenever it shall appear that any person is violating, or...
Section 70-2-29 - Actions for damages; institution of actions for injunctions by private parties. - Nothing in this act contained or authorized, and no suit...
Section 70-2-30 - [Violation of court order grounds for appointment of receiver.] - The violation by any person of an order of the...
Section 70-2-31 - Violations of the Oil and Gas Act; penalties. - A. Whenever the division determines that a person violated or...
Section 70-2-31.1 - Reporting requirement. - No later than October 1 of each year, the division...
Section 70-2-32 - Seizure and sale of illegal oil or gas or products; procedure. - A. Apart from, and in addition to, any other remedy...
Section 70-2-33 - Definitions. - As used in the Oil and Gas Act: A. "person"...
Section 70-2-34 - Regulation, conservation and prevention of waste of carbon dioxide, helium and other non-hydrocarbon gases. - A. The oil conservation division shall adopt and administer rules...
Section 70-2-35 - Legal representation before the federal energy regulatory commission. - There may be a special assistant attorney general employed by...
Section 70-2-36 - Removing or altering marks of identification; penalty. - A. No person shall remove, alter or attempt to remove...
Section 70-2-36.1 - Repealed. - Repeals. — Laws 1991, ch. 9, § 45A repeals 70-2-36.1...
Section 70-2-37 - Oil and gas reclamation fund created; disposition of fund. - There is created the "oil and gas reclamation fund". In...
Section 70-2-38 - Oil and gas reclamation fund administered; plugging wells on federal land; right of indemnification; annual report; contractors selling equipment for salvage. - A. The oil and gas reclamation fund shall be administered...
Section 70-2-39 - Fees; appropriation. - A. The following fees are required to be paid to...
Article 3 - Pipelines
Section 70-3-1 - [Rates for pipeline common carriers transporting oil or products between points in New Mexico.] - The corporation commission [public regulation commission] may prescribe reasonable maximum...
Section 70-3-2 - License; fees; disposition. - Each operator of a pipeline or pipelines operated in the...
Section 70-3-3 - Exceptions. - The foregoing provisions of Section 70-3-2 NMSA 1978 shall not...
Section 70-3-4 - Pipelines; crossing of railroads and highways. - The crossing of any pipeline operated for the conveyance of...
Section 70-3-5 - Eminent domain power. - A. Any person, firm, association or corporation may exercise the...
Section 70-3-6 - [Private telegraph or telephone line along right-of-way of pipeline.] - The owners or operators of any pipelines for which any...
Section 70-3-7 - [Use of public highways by pipeline; grant of right by county commissioners.] - The county commissioners of the various counties in the state...
Section 70-3-8 - [Application for use of highway for pipeline; investigation; rejection; appeal; permit; bond.] - Applicants for any such right-of-way shall present to the county...
Section 70-3-9 - Pipeline highway use forms. - The state transportation commission shall cause to be prepared the...
Section 70-3-10 - [Attachment of articles to pipeline which may cause leakage or loss; disturbance of pipeline; penalty.] - Any person who shall wilfully or maliciously affix, attach to...
Section 70-3-11 - Short title. - This act [70-3-11 to 70-3-20 NMSA 1978] may be cited...
Section 70-3-12 - Definitions. - As used in the Pipeline Safety Act [70-3-11 to 70-3-20...
Section 70-3-13 - Powers and duties of commission. - The commission: A. shall promulgate, amend, enforce and repeal reasonable...
Section 70-3-13.1 - Master meter outreach and education. - On the effective date of this legislation, the commission shall:...
Section 70-3-14 - Adoption of regulations; notice and hearing. - No regulation or amendment or repeal of any regulation shall...
Section 70-3-15 - Validity of regulation; judicial review. - A. Any person who is a party to any proceeding...
Section 70-3-16 - Waiver of regulations. - Upon application by any person engaged in the transportation of...
Section 70-3-17 - Continuity of service. - When a proposed regulation or commission order will, or may,...
Section 70-3-18 - Compliance. - A. Each person who engages in the transportation of oil...
Section 70-3-19 - Enforcement; penalties. - A. If as a result of investigation the commission has...
Section 70-3-20 - Pipeline safety engineer and staff. - The commission shall appoint a professional engineer who shall have...
Section 70-3-21 - Pipeline safety fund; created; assessment and collection of fees. - A. The "pipeline safety fund" is created in the state...
Section 70-3-22 - Pipeline safety fee. - A public utility that is assessed a pipeline safety fee...
Article 3A - Gathering Line Land Acquisition
Section 70-3A-1 - Short title. - Sections 1 through 7 [70-3A-1 to 70-3A-7 NMSA 1978] of...
Section 70-3A-2 - Definitions. - As used in the Gathering Line Land Acquisition Act: A....
Section 70-3A-3 - Easement; offer and counterproposal. - A. If an easement is sought to be acquired by...
Section 70-3A-4 - Petition; appointment of hearing officer. - A. The petition filed by the mineral developer pursuant to...
Section 70-3A-5 - Scope of review by the hearing officer. - The report of the hearing officer shall include findings concerning...
Section 70-3A-6 - Report; appeal. - A. Within forty-five days after the appointment of the hearing...
Section 70-3A-7 - Abandonment of easement. - When an easement is acquired pursuant to the Gathering Line...
Article 4 - Liens on Wells and Pipelines
Section 70-4-1 - Liens for labor and material furnished or hauled for use of oil and gas wells or pipelines. - Every person who shall, by contract, express or implied, or...
Section 70-4-2 - Labor, hauling and materials considered under continuous contract. - Any labor performed, or materials, machinery, tools, equipment or supplies...
Section 70-4-3 - Liens of subcontractors. - Any person who furnishes or hauls the material, tools, equipment,...
Section 70-4-4 - Claim of lien; contents and filing. - Every original contractor, within two hundred ten days after the...
Section 70-4-5 - Recording; index; fees. - The county clerk shall record the claim in a book...
Section 70-4-6 - Liability of owner limited to contract price. - Nothing in the Oil and Gas Lien Act shall be...
Section 70-4-7 - Limitation of action to enforce. - No lien provided for in this act shall bind any...
Section 70-4-8 - Enforcement of lien. - The liens herein created may be enforced by proper action...
Section 70-4-9 - Joinder of actions; attorney's fees; costs. - Any number of persons claiming liens may join in the...
Section 70-4-10 - Definition of words "person" and "subcontractor". - The word "person" as used in this act [70-4-1 to...
Section 70-4-11 - Preference to laborers; no preference to first contractors. - Upon all questions arising between different persons having liens under...
Section 70-4-12 - Materials exempt from attachment. - Whenever materials, tools, machinery, equipment or oil and gas supplies...
Section 70-4-13 - Personal liability. - Nothing in the Oil and Gas Lien Act shall be...
Section 70-4-14 - Name of act. - This act [70-4-1 to 70-4-15 NMSA 1978] shall be known...
Section 70-4-15 - Conflicting laws repealed, Chapter 82, "1929 New Mexico Statutes Annotated" excepted. - This act [70-4-1 to 70-4-15 NMSA 1978] shall not in...
Article 5 - Liquefied and Compressed Gases
Section 70-5-1 - Definitions. - As used in the LPG and CNG Act: A. "liquefied...
Section 70-5-2 - Short title. - Chapter 70, Article 5 NMSA 1978 may be cited as...
Section 70-5-3 - Rules and regulations for design, construction, assembling, equipping and installing of containers and equipment. - All containers and pertinent equipment used or to be used...
Section 70-5-4 - Acts concerning LP gas or CNG subject to commission rules and regulations. - The selling, offering for sale, constructing, assembling, repairing, equipping, installing,...
Section 70-5-5 - Power to adopt and promulgate rules and regulations; exceptions to act. - A. The commission may adopt and promulgate rules and regulations...
Section 70-5-6 - License; exceptions. - A. No person, firm or corporation shall engage in this...
Section 70-5-7 - Requiring competent employees in transporting, dispensing, installation, service or repair. - A. The bureau may require each person, firm or corporation...
Section 70-5-8 - Authority of inspectors. - A. An inspector of the bureau may enter any building...
Section 70-5-9 - Annual license fees; inspection fees. - A. For the purpose of defraying the expenses of administering...
Section 70-5-10 - Revenue; suspense fund. - All fees and money collected under the provisions of the...
Section 70-5-11 - Proof of responsibility. - A. The bureau shall require each licensee to have combined...
Section 70-5-12 - Power of bureau and commission to refuse to grant, suspend or cancel a license. - The bureau may refuse to grant a license to any...
Section 70-5-13 - Provisions for hearings. - Upon receipt of written complaint from one of its representatives...
Section 70-5-14 - Notice; hearing. - Notice of any hearing and of its time and place...
Section 70-5-15 - Finding; record. - At the conclusion of any hearing held to consider a...
Section 70-5-16 - Appeal. - A licensee whose license is canceled or suspended by order...
Section 70-5-17 - No formal notice required of hearing on application for license; appeal. - The same procedure, rights and penalties as specified in the...
Section 70-5-18 - Civil penalty for failure to comply with act or any order, rule or regulation. - The failure of any person, firm or corporation or any...
Section 70-5-19 - Municipalities; taxes; license fees. - Nothing contained in the LPG and CNG Act [this article]...
Section 70-5-20 - Enforcement. - The bureau may enforce the laws relating to LP gases...
Section 70-5-21 - Misdemeanor. - Any person violating any provision of the LPG and CNG...
Section 70-5-22 - Administrative penalty assessments. - The bureau may charge an administrative penalty for any violation...
Section 70-5-23 - Containers to be filled only by owner or upon the owner's authorization. - Any LP gas container shall be filled only by the...
Article 6 - Underground Storage of Natural Gas
Section 70-6-1 - Public interest and welfare. - The underground storage of natural gas which promotes conservation thereof,...
Section 70-6-2 - Definitions. - As used in Chapter 70, Article 6 NMSA 1978: A....
Section 70-6-3 - Acquisition of lands for purposes of underground natural gas storage; lands controlled by public body, executor, administrator, guardian, receiver or trustee. - Any natural gas company desiring to make use of a...
Section 70-6-4 - Appropriation of underground storage facilities; limitations. - By eminent domain proceedings, any natural gas company may appropriate...
Section 70-6-5 - Findings of oil conservation division. - Any natural gas company desiring to exercise the right of...
Section 70-6-6 - Commission or division procedure. - The laws, rules and regulations relating to commission or division...
Section 70-6-7 - Exercise of right of eminent domain. - Any natural gas company having first obtained a decision from...
Section 70-6-8 - Ownership of injected gas. - All natural gas which has previously been reduced to possession,...
Article 7 - Statutory Unitization Act
Section 70-7-1 - Purpose of act. - The legislature finds and determines that it is desirable and...
Section 70-7-2 - Short title. - This act [70-7-1 to 70-7-21 NMSA 1978] may be cited...
Section 70-7-3 - Additional powers and duties of the oil conservation division. - Subject to the limitations of the Statutory Unitization Act, the...
Section 70-7-4 - Definitions. - For the purposes of the Statutory Unitization Act, unless the...
Section 70-7-5 - Requisites of application for unitization. - Any working interest owner may file an application with the...
Section 70-7-6 - Matters to be found by the division precedent to issuance of unitization order. - A. After an application for unitization has been filed with...
Section 70-7-7 - Division orders. - The order providing for unitization and unit operation of a...
Section 70-7-8 - Ratification or approval of plan by owners. - A. No order of the division providing for unit operations...
Section 70-7-9 - Amendment of plan of unitization. - An order providing for unit operations may be amended by...
Section 70-7-10 - Previously established units. - The division, by order, may provide for the unit operation...
Section 70-7-11 - Unit operations of less than an entire pool. - An order may provide for unit operation on less than...
Section 70-7-12 - Operation; expressed or implied covenants. - All operations, including but not limited to, the commencement, drilling...
Section 70-7-13 - Income from unitized substances. - The portion of the unit production allocated to any tract,...
Section 70-7-14 - Lien for costs. - Subject to such reasonable limitations as may be set out...
Section 70-7-15 - Liability for expenses. - The obligation or liability of each working interest owner in...
Section 70-7-16 - Division orders. - A. No division order or other contract relating to the...
Section 70-7-17 - Property rights. - Except to the extent that the parties affected so agree,...
Section 70-7-18 - Existing rights, rights in unleased land and royalties and lease burdens. - Property rights, leases, contracts and other rights or obligations shall...
Section 70-7-19 - Agreements not violative of laws governing monopolies or restraint of trade. - No agreement between or among lessees or other owners of...
Section 70-7-20 - Evidence of unit to be recorded. - A copy of each unit agreement shall be recorded in...
Section 70-7-21 - Unlawful operation. - From and after the date designated by the division that...
Article 8 - Emergency Petroleum Products Supplies (Recompiled.)
Section 70-8-1 - Recompiled. - Recompilation. — The Emergency Petroleum Products Supply Act has been...
Section 70-8-2 - Recompiled. - Recompilation. — The Emergency Petroleum Products Supply Act has been...
Section 70-8-3 - Recompiled. - Recompilation. — The Emergency Petroleum Products Supply Act has been...
Section 70-8-4 - Recompiled. - Recompilation. — The Emergency Petroleum Products Supply Act has been...
Section 70-8-5 - Recompiled. - Recompilation. — The Emergency Petroleum Products Supply Act has been...
Section 70-8-5.1 - Recompiled. - Recompilation. — The Emergency Petroleum Products Supply Act has been...
Section 70-8-6 - Recompiled. - Recompilation. — The Emergency Petroleum Products Supply Act has been...
Article 9 - Petroleum Recovery Research Center
Section 70-9-1 - New Mexico petroleum recovery research center. - There is hereby established a "New Mexico petroleum recovery research...
Section 70-9-2 - New Mexico petroleum recovery research center; duties. - The objectives and duties of the New Mexico petroleum recovery...
Section 70-9-3 - Reports. - A. The board of regents shall cause to be prepared...
Section 70-9-4 - Sources of income. - The center may receive appropriations from the state directly or...
Article 10 - Oil and Gas Proceeds Payments
Section 70-10-1 - Short title. - This act [70-10-1 to 70-10-3, 70-10-4, 70-10-5 NMSA 1978] may...
Section 70-10-2 - Definitions. - As used in the Oil and Gas Proceeds Payment Act:...
Section 70-10-3 - Payment of oil and gas proceeds; time for payment. - The oil and gas proceeds derived from the sale of...
Section 70-10-3.1 - Duty to locate. - A. The operator or lessee arranging for the sale of...
Section 70-10-4 - Interest on late payments. - A. Any delay in determining any person legally entitled to...
Section 70-10-5 - Application; penalty. - If a payor fails to make payment to the person...
Section 70-10-6 - Attorneys' fees. - The prevailing party in any proceedings brought pursuant to the...
Article 11 - Office of Interstate Natural Gas Markets
Section 70-11-1 - Purpose. - The purpose of this act [70-11-1 to 70-11-6 NMSA 1978]...
Section 70-11-2 - Office created; duties. - There is created the "office of interstate natural gas markets"...
Section 70-11-3 - Director. - There shall be a director for the office of interstate...
Section 70-11-4 - Duties and general powers. - The director is responsible for the operation of the office...
Section 70-11-5 - Technical advisory committee; composition; duties. - A. A "technical advisory committee" to the office of interstate...
Section 70-11-6 - Repealed. - Repeals. — Laws 1991, ch. 65, § 1 repeals 70-11-6...
Section 70-11-7 - Findings and purpose. - A. The legislature finds that: (1) the natural gas industry...
Section 70-11-8 - Natural gas pipeline study; additional duties. - A. The energy, minerals and natural resources department and the...
Article 12 - Surface Owners Protection
Section 70-12-1 - Short title. - This act [70-12-1 to 70-12-10 NMSA 1978] may be cited...
Section 70-12-2 - Applicability. - The Surface Owners Protection Act applies to: A. private fee...
Section 70-12-3 - Definitions. - As used in the Surface Owners Protection Act: A. "oil...
Section 70-12-4 - Compensation for oil and gas operations. - A. An operator shall compensate the surface owner for damages...
Section 70-12-5 - Notice of operations; proposed surface use and compensation agreement. - A. Prior to initial entry upon the land for activities...
Section 70-12-6 - Entry without agreement; bond. - If, after thirty days from a surface owner receiving notice...
Section 70-12-7 - Damages. - In an action brought pursuant to the Surface Owners Protection...
Section 70-12-8 - Remedies not exclusive. - The remedies provided by the Surface Owners Protection Act are...
Section 70-12-9 - Emergency situations. - Notwithstanding any provisions of the Surface Owners Protection Act to...
Section 70-12-10 - Temporary provision; applicability. - The provisions of the Surface Owners Protection Act apply to...
Article 13 - Produced Water
Section 70-13-1 - Short title. - Sections 1 through 5 [70-13-1 to 70-13-5 NMSA 1978] of...
Section 70-13-2 - Definitions. - As used in the Produced Water Act: A. "operator" means...
Section 70-13-3 - Jurisdiction. - It is the jurisdiction of: A. the oil conservation division...
Section 70-13-4 - Produced water; transferred for treatment; subsequent use. - A. Unless otherwise provided by law, a contract, bill of...
Section 70-13-5 - Void as against public policy; throughout fees; limitations on use of recycled or treated produced water. - A provision of an agreement, covenant or promise, foreign or...