New Mexico Statutes
Article 7 - Statutory Unitization Act
Section 70-7-12 - Operation; expressed or implied covenants.

All operations, including but not limited to, the commencement, drilling or operation of a well upon any portion of the unit area shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The portions of the unit production allocated to a separately owned tract in a unit area shall, when produced, be deemed, for all purposes, to have been actually produced from such tract by a well drilled thereon. Operations conducted pursuant to an order of the division providing for unit operations shall constitute a fulfillment of all the express or implied obligations for each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the division.
History: 1953 Comp., § 65-14-12, enacted by Laws 1975, ch. 293, § 12; 1977, ch. 255, § 117.
Communitization agreement entered into with permission of prior fee owner supports implied surface access right over land subject to that agreement but not over land that is not subject to agreement. Kysar v. Amoco Prod. Co., 2004-NMSC-025, 135 N.M. 767, 93 P.3d 1272.

Structure New Mexico Statutes