Section 70-12-10 – Temporary provision; applicability.
The provisions of the Surface Owners Protection Act apply to all oil and gas operations commenced on or after July 1, 2007 except: A. maintenance and ongoing production activities related to an oil or gas well producing or capable of producing oil or gas on June 30, 2007 for which the operator has a valid […]
Section 70-13-1 – Short title.
Sections 1 through 5 [70-13-1 to 70-13-5 NMSA 1978] of this act may be cited as the “Produced Water Act”. History: Laws 2019, ch. 197, § 1. ANNOTATIONS Effective dates. — Laws 2019, ch. 197, § 13 made Laws 2019, ch. 197 effective July 1, 2019. Applicability. — Laws 2019, ch. 197, § 12 provided […]
Section 70-13-2 – Definitions.
As used in the Produced Water Act: A. “operator” means a person authorized by the oil conservation division of the energy, minerals and natural resources department to operate a unit for an oil or gas well or other oil or gas facility; B. “produced water” means a fluid that is an incidental byproduct from drilling […]
Section 70-13-3 – Jurisdiction.
It is the jurisdiction of: A. the oil conservation division of the energy, minerals and natural resources department to regulate produced water as provided in the Oil and Gas Act [Chapter 70, Article 2 NMSA 1978]; and B. the water quality control commission to regulate produced water as provided in the Water Quality Act [Chapter […]
Section 70-13-4 – Produced water; transferred for treatment; subsequent use.
A. Unless otherwise provided by law, a contract, bill of sale or other legally binding document: (1) all produced water that is produced from an oil or gas well is the responsibility of and under the control of the working interest owners and operator of that oil or gas well. The working interest owners and […]
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 domestic, between private parties, entered into on or after July 1, 2019 is against public policy and void to the extent of it: A. allows a private party to charge a tariff or fee for the movement or transport of produced water, treated water or […]
Section 70-12-1 – Short title.
This act [70-12-1 to 70-12-10 NMSA 1978] may be cited as the “Surface Owners Protection Act”. History: Laws 2007, ch. 5, § 1. ANNOTATIONS Effective dates. — Laws 2007, ch. 5, § 11 made the act effective July 1, 2007. Relocation of access road. — Where the oil and gas lessee’s existing access road was […]
Section 70-12-2 – Applicability.
The Surface Owners Protection Act applies to: A. private fee surface land; and B. leasehold interests in any land on which oil and gas operations are conducted when the tenant incurs damages to leasehold improvements as a result of oil and gas operations. History: Laws 2007, ch. 5, § 2. ANNOTATIONS Effective dates. — Laws […]
Section 70-12-3 – Definitions.
As used in the Surface Owners Protection Act: A. “oil and gas operations” means all activities affecting the surface owner’s land that are associated with exploration, drilling or production of oil or gas, through final reclamation of the affected surface; B. “operator” means a person with the legal right to conduct oil and gas operations […]
Section 70-12-4 – Compensation for oil and gas operations.
A. An operator shall compensate the surface owner for damages sustained by the surface owner, as applicable, for loss of agricultural production and income, lost land value, lost use of and lost access to the surface owner’s land and lost value of improvements caused by oil and gas operations. The payments contemplated by this section […]