Section 71-9-10 – Water rights owner; action for impairment.
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 […]
Section 71-9-11 – Transfer of administration of rules, orders and permits.
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resources department or oil conservation commission issued pursuant to the Geothermal Resources Conservation Act [repealed] that existed prior to the effective date of the Geothermal Resources Development Act shall be administered by the energy conservation and management […]
Section 71-10-1 – Short title.
Sections 1 through 11 [71-10-1 to 71-10-11 NMSA 1978] of this act may be cited as the “Electric Generating Facility Economic District Act”. History: Laws 2020, ch. 78, § 1. ANNOTATIONS Emergency clause. — Laws 2020, ch. 78, § 13 contained an emergency clause and was approved March 9, 2020.
Section 71-10-2 – Definitions.
As used in the Electric Generating Facility Economic District Act: A. “authority” means the governing body of a district; and B. “district” means an electric generating facility economic district governed by an authority. History: Laws 2020, ch. 78, § 2. ANNOTATIONS Emergency clause. — Laws 2020, ch. 78, § 13 contained an emergency clause and […]
Section 71-10-3 – Creation of a district.
A county may form a district: A. the initial boundaries of which lie within the jurisdiction of the county; and B. that includes an operating coal-fueled electric generating facility that is owned by a non-investor-owned electric utility or a coal-fueled electric generating facility that is owned by a non-investor-owned electric utility and has been or […]
Section 71-8-8 – Promulgation of rules.
A county or planning commission may define a new category of rules applicable to sustainable development testing sites and promulgate rules for the category. A county or a planning commission may also promulgate rules or permit conditions applicable to a specific sustainable development testing site. History: Laws 2007, ch. 34, § 8. ANNOTATIONS Effective dates. […]
Section 71-9-1 – Short title.
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 […]
Section 71-9-2 – Findings and purpose.
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 […]
Section 71-9-3 – Definitions.
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 […]
Section 71-9-4 – Exclusion; incidental loss or extraction of heat; limited exception.
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 […]