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 70-12-6 – Entry without agreement; bond.
If, after thirty days from a surface owner receiving notice pursuant to Subsection B of Section 4[5] [70-12-5 NMSA 1978] of the Surface Owners Protection Act, no surface use and compensation agreement has been entered into, the operator may enter the surface owner’s property and conduct oil and gas operations: A. after depositing a surety […]
Section 70-12-7 – Damages.
In an action brought pursuant to the Surface Owners Protection Act, if the court finds that compensation is owed under Section 3[4] [70-12-4 NMSA 1978] of the Surface Owners Protection Act the court may also award the prevailing party: A. attorney fees and costs if: (1) the operator conducted oil and gas operations without providing […]
Section 70-12-8 – Remedies not exclusive.
The remedies provided by the Surface Owners Protection Act are not exclusive and do not preclude a person from seeking other remedies allowed by law. History: Laws 2007, ch. 5, § 8. ANNOTATIONS Effective dates. — Laws 2007, ch. 5, § 11 made the act effective July 1, 2007.
Section 70-12-9 – Emergency situations.
Notwithstanding any provisions of the Surface Owners Protection Act to the contrary, no notice, surface use and compensation agreement or bond shall be required in emergency situations for activities to protect health, safety or the environment. History: Laws 2007, ch. 5, § 9. ANNOTATIONS Effective dates. — Laws 2007, ch. 5, § 11 made the […]