New Mexico Statutes
Article 2 - Oil Conservation Commission; Division;
Section 70-2-39 - Fees; appropriation.

A. The following fees are required to be paid to the oil conservation division of the energy, minerals and natural resources department:
(1) with each application for a non-federal and non-Indian permit to drill, deepen, plug back or reenter a well, the applicant shall submit to the division a nonrefundable fee of five hundred dollars ($500);
(2) with each individual application for administrative approval of a non-standard location, downhole commingle, surface commingle, off-lease measurement, release notification and corrective action, change of operator, application for modification to surface waste management facility, request for the creation of a new pool, proposed alternative method permit or closure plan application or authorization to move produced water, the applicant shall submit to the division a nonrefundable fee of one hundred fifty dollars ($150);
(3) with each application for a fluid injection well permit, the applicant shall submit to the division a nonrefundable fee of five hundred dollars ($500) per well;
(4) with each application for a permit for a commercial surface waste management facility, landfill or landfarm, the applicant shall submit to the division a nonrefundable fee of ten thousand dollars ($10,000) per facility;
(5) with each application for an administrative hearing, re-hearing or de novo hearing before the division or commission, the applicant shall submit to the division a nonrefundable fee of five hundred dollars ($500) per application; and
(6) with each application for a continuance of an administrative hearing, re-hearing or de novo hearing before the division or commission, the applicant shall submit to the division a nonrefundable fee of one hundred fifty dollars ($150) per application.
B. An application for an administrative hearing, re-hearing or de novo hearing before the oil conservation division or commission will be considered to be materially amended if the amendment is made for a purpose other than to correct:
(1) typographical errors; or
(2) clerical errors.
C. The "oil conservation division systems and hearings fund" is created in the state treasury as a nonreverting fund. All funds received by the oil conservation division from fees imposed pursuant to Subsection A of this section shall be delivered to the state treasurer and deposited in the fund. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources or the secretary's authorized representative. Money in the fund is subject to appropriation by the legislature to the division to develop and modernize the division's online application processing system, online case management system and online case file system and for other technological upgrades and hearing administration costs. Any unexpended or unencumbered balance remaining in the fund at the end of a fiscal year shall not revert to the general fund. Money in the fund in fiscal year 2020 may be expended by the division for the purposes of the fund.
History: Laws 2019, ch. 260, § 1
Effective dates. — Laws 2019, ch. 260, § 2 made Laws 2019, ch. 260, § 1 effective July 1, 2019.

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.