Sections 1 through 11 [71-9-1 to 71-9-11 NMSA 1978] of this act may be cited as the “Geothermal Resources Development Act”. History: Laws 2016, ch. 71, § 1 and Laws 2016, ch. 78, § 1. ANNOTATIONS Effective dates. — Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § 15 made the Geothermal […]
In addition to the appeal rights pursuant to Section 9 [71-9-9 NMSA 1978] of the Geothermal Resources Development Act, a water rights owner may bring a de novo action in the district court in which the water rights are located for damages or injunctive relief with respect to any claimed impairment of existing water rights […]
All rules, orders, permits and administrative determinations of the oil conservation division of the energy, minerals and natural resources department or oil conservation commission issued pursuant to the Geothermal Resources Conservation Act [repealed] that existed prior to the effective date of the Geothermal Resources Development Act shall be administered by the energy conservation and management […]
The legislature finds that the people of New Mexico have a direct interest in the development of geothermal resources and that the state should exercise its power and jurisdiction through the division to require that geothermal resources be explored, developed and produced in such a manner as to safeguard life, health, property, natural resources and […]
As used in the Geothermal Resources Development Act: A. “correlative rights” means the opportunity afforded, insofar as is practicable, to each owner or leaseholder in a geothermal reservoir to produce the owner’s or leaseholder’s just and equitable share of the geothermal resources within such reservoir, being an amount, so far as can be practicably determined […]
A. A permit from the state engineer is not required for the use of ground water over two hundred fifty degrees Fahrenheit as incident to the development of geothermal resources permitted pursuant to the Geothermal Resources Development Act when: (1) the use does not require any diversion of ground water; or (2) all diverted ground […]
A. The division shall regulate the exploration, development and production of geothermal resources on public and private land for the purposes of conservation; protection of correlative rights; protection of life, health, property, natural resources, the environment and the public welfare; and encouraging maximum economic recovery of the geothermal resources. The division may require persons seeking […]
A. The division shall promulgate and enforce rules providing for the exploration, development and production of geothermal resources and to accomplish the purposes of the Geothermal Resources Development Act and that are reasonably necessary to carry out the purposes of that act whether or not indicated or specified in any section of that act. B. […]
Employees or agents of the division, on proper identification, may enter public or private property to inspect and investigate conditions in relation to the exploration, development or production of geothermal resources, to monitor compliance with the Geothermal Resources Development Act or a rule, permit or order of the division, or to examine and copy, during […]
A. If a person violates the provisions of the Geothermal Resources Development Act or the rules promulgated pursuant to that act or an order or permit issued pursuant to that act, the division may assess the person a civil penalty of two thousand five hundred dollars ($2,500) for each violation. In the case of a […]
A person subject to a final decision of the division may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 2016, ch. 71, § 9 and Laws 2016, ch. 78, § 9. ANNOTATIONS Effective dates. — Laws 2016, ch. 71, § 15 and Laws 2016, ch. 78, § […]
