New Mexico Statutes
Article 2 - Oil Conservation Commission; Division;
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 on the conservation, the production and the prevention of waste of carbon dioxide, helium and other non-hydrocarbon gases in the same manner as it regulates, conserves and prevents waste of natural or hydrocarbon gas. Where applicable, the provisions of the Oil and Gas Act relating to gas or natural gas shall also apply to carbon dioxide, helium and other non-hydrocarbon gases.
B. The commission shall have concurrent jurisdiction and authority with the oil conservation division to the extent necessary for the commission to perform its duties as required by law.
C. As used in this section:
(1) "carbon dioxide" means a noncombustible gas composed chiefly of carbon dioxide occurring naturally in underground rocks;
(2) "helium" means a gas composed of the elemental gas helium and found in underground rocks, often along with other gases; and
(3) "other non-hydrocarbon gases" means noncombustible gases found in underground rocks, often along with other gases.
History: Laws 1935, ch. 72, § 28, enacted by Laws 1937, ch. 193, § 1; 1941 Comp., § 69-232; Laws 1949, ch. 168, § 28; 1953 Comp., § 65-3-31; Laws 1977, ch. 255, § 66; 2003, ch. 12, § 1.
The 2003 amendment, effective June 20, 2003, rewrote the section to include coverage of helium and other non-hydrocarbon gases and to add Subsection C.

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.