New Mexico Statutes
Article 2 - Oil Conservation Commission; Division;
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 such rules, regulations and orders, and may provide for such certificates of clearance or tenders, as may be necessary to make effective the prohibitions contained in Section 70-2-21 NMSA 1978.
B. Unless and until the division provides for certificates of clearance or tenders, or some other method, so that any person may have an opportunity to determine whether any contemplated transaction of sale or purchase or acquisition, or of transportation, refining, processing or handling in any other way, involves illegal oil or illegal oil product, or illegal gas or illegal gas product, no penalty shall be imposed for the sale or purchase or acquisition, or the transportation, refining, processing or handling in any other way, of illegal oil or illegal oil product, or illegal gas or illegal gas product, except under circumstances stated in the succeeding provisions of this paragraph. Penalties shall be imposed for the commission of each transaction prohibited in Section 70-2-21 NMSA 1978 when the person committing the same knows that illegal oil or illegal oil product, or illegal gas or illegal gas product, is involved in such transaction, or when such person could have known or determined such fact by the exercise of reasonable diligence or from facts within his knowledge. However, regardless of lack of actual notice or knowledge, penalties as provided in this act shall apply to any sale or purchase or acquisition, and to the transportation, refining, processing or handling in any other way, of illegal oil or illegal oil product, or illegal gas or illegal gas product where administrative provision is made for identifying the character of the commodity as to its legality. It shall likewise be a violation for which penalties shall be imposed for any person to sell or purchase or acquire, or to transport, refine, process or handle in any way any crude petroleum oil or natural gas or any product thereof without complying with the rule, regulation or order of the commission or division relating thereto.
History: Laws 1935, ch. 72, § 14; 1941 Comp., § 69-220; Laws 1949, ch. 168, § 16; 1953 Comp., § 65-3-19; Laws 1977, ch. 255, § 57.
Cross references. — For filing rules and regulations, see 14-4-3 NMSA 1978.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 70 - Oil and Gas

Article 2 - Oil Conservation Commission; Division;

Section 70-2-1 - Short title.

Section 70-2-2 - [Waste prohibited.]

Section 70-2-3 - Waste; definitions.

Section 70-2-4 - Oil conservation commission; members; term; officers; quorum; power to administer oaths.

Section 70-2-5 - Oil conservation division; director; state petroleum engineer.

Section 70-2-6 - Commission's and division's powers and duties.

Section 70-2-7 - Rules of procedure in hearings; manner of giving notice; record of rules, regulations and orders.

Section 70-2-8 - Subpoena power; immunity of natural persons required to testify.

Section 70-2-9 - Failure or refusal to comply with subpoena; refusal to testify; body attachment; contempt.

Section 70-2-10 - Perjury; punishment.

Section 70-2-11 - Power of commission and division to prevent waste and protect correlative rights.

Section 70-2-12 - Enumeration of powers.

Section 70-2-12.1 - Disposition of produced water; no permit required.

Section 70-2-12.2 - Adoption of rules; appeals.

Section 70-2-13 - Additional powers of commission or division; hearings before examiner; hearings de novo.

Section 70-2-14 - Requirement for financial assurance.

Section 70-2-15 - Allocation of allowable production among fields when division limits total amount of production.

Section 70-2-16 - Allocation of allowable production in field or pool.

Section 70-2-17 - Equitable allocation of allowable production; pooling; spacing.

Section 70-2-18 - Spacing or proration unit with divided mineral ownership.

Section 70-2-19 - Common purchasers; discrimination in purchasing prohibited.

Section 70-2-20 - Repealed.

Section 70-2-21 - Purchase, sale or handling of excess oil, natural gas or products prohibited.

Section 70-2-22 - Rules and regulations to effectuate prohibitions against purchase or handling of excess oil or natural gas; penalties.

Section 70-2-23 - Hearings on rules, regulations and orders; notice; emergency rules.

Section 70-2-24 - Reports of governmental departments or agencies as to market demand to be deemed prima facie correct.

Section 70-2-25 - Rehearings; appeals.

Section 70-2-26 - Review of oil conservation commission decision; appeals.

Section 70-2-27 - Temporary restraining order or injuction [injunction]; grounds; hearing; bond.

Section 70-2-28 - Actions for violations.

Section 70-2-29 - Actions for damages; institution of actions for injunctions by private parties.

Section 70-2-30 - [Violation of court order grounds for appointment of receiver.]

Section 70-2-31 - Violations of the Oil and Gas Act; penalties.

Section 70-2-31.1 - Reporting requirement.

Section 70-2-32 - Seizure and sale of illegal oil or gas or products; procedure.

Section 70-2-33 - Definitions.

Section 70-2-34 - Regulation, conservation and prevention of waste of carbon dioxide, helium and other non-hydrocarbon gases.

Section 70-2-35 - Legal representation before the federal energy regulatory commission.

Section 70-2-36 - Removing or altering marks of identification; penalty.

Section 70-2-36.1 - Repealed.

Section 70-2-37 - Oil and gas reclamation fund created; disposition of fund.

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.

Section 70-2-39 - Fees; appropriation.