reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-8 - Subpoena power; immunity of natural persons required to testify.

The commission, or any member thereof, or the director of the division or his authorized representative, is hereby empowered to subpoena witnesses, to require their attendance and giving of testimony before it, and to require the production of books, papers and records in any proceeding before the commission or the division. No person shall be excused from attending and testifying or from producing books, papers and records before the commission or the division, or from obedience to the subpoena of the said commission or division, whether such subpoena be signed or issued by one or more of the members of the said commission, or the director of the division, in any hearing, investigation or proceeding held by or before the said commission or division or in any cause or proceeding in any court by or against the said commission or division, relative to matters within the jurisdiction of said commission or division, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; provided that nothing herein contained shall be construed as requiring any person to produce any books, papers or records, or to testify in response to any inquiry, not pertinent to some question lawfully before such commission or division or court for determination. No natural person shall be subjected to criminal prosecution, or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may be required to testify, or produce evidence, documentary or otherwise before said commission or division, or in obedience to its subpoena, or in any cause or proceeding, provided, that no person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying.
History:
Laws 1935, ch. 72, § 6; 1941 Comp., § 69-207; Laws 1949, ch. 168, § 6; 1953 Comp., § 65-3-7; Laws 1977, ch. 255, § 43.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 338 et seq.
73A C.J.S. Public Administrative Bodies and Procedure §§ 131, 132.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-9 - Failure or refusal to comply with subpoena; refusal to testify; body attachment; contempt.

In case of failure or refusal on the part of any person to comply with any subpoena issued by said commission or any member thereof, or the director of the division or his authorized representative, or on the refusal of any witness to testify or answer as to any matters regarding which he may be lawfully interrogated, any district court in this state, or any judge thereof, on application of said commission or division, may issue an attachment for such person and compel him to comply with such subpoena and to attend before the commission or division and produce such documents and give his testimony upon such matters as may be lawfully required, and such court or judge shall have the power to punish for contempt as in case of disobedience of a like subpoena issued by or from such court, or a refusal to testify therein.
History:
Laws 1935, ch. 72, § 7; 1941 Comp., § 69-208; Laws 1949, ch. 168, § 7; 1953 Comp., § 65-3-8; Laws 1977, ch. 255, § 44.
ANNOTATIONS
Cross references.
— For contempt of court,
see
34-1-2 to 34-1-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-10 - Perjury; punishment.

If any person of whom an oath shall be required under the provisions of this act, or by any rule, regulation or order of the commission or division, shall willfully swear falsely in regard to any matter or thing respecting which such oath is required, or shall willfully make any false report or affidavit required or authorized by the provisions of this act, or by any rule, regulation or order of the commission or division, such person shall be deemed guilty of perjury and shall be punished by imprisonment in the state penitentiary for not more than five years nor less than six months.
History:
Laws 1935, ch. 72, § 8; 1941 Comp., § 69-209; Laws 1949, ch. 168, § 8; 1953 Comp., § 65-3-9; Laws 1977, ch. 255, § 45.
ANNOTATIONS
Compiler's notes.
— The term "this act," referred to in this section, means Laws 1935, ch. 72, §§ 1 to 24, which appear as 70-2-2 to 70-2-4, 70-2-6 to 70-2-11, 70-2-15, 70-2-16, 70-2-21 to 70-2-25, 70-2-27 to 70-2-30, 70-2-33 NMSA 1978.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-12.1 - Disposition of produced water; no permit required.

No permit shall be required from the state engineer for the disposition of produced water in accordance with rules promulgated pursuant to Section 70-2-12 NMSA 1978 by the oil conservation division of the energy, minerals and natural resources department.
History:
Laws 2004, ch. 87, § 1.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 87 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-12.2 - Adoption of rules; appeals.

A. No rule shall be adopted pursuant to the Oil and Gas Act until after a hearing by the commission.
B. Any rule adopted under the Oil and Gas Act shall be filed and published in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]. No rule shall be filed until the latter of twenty days after the commission has entered an order or has refused a rehearing application pursuant to Section 70-2-25 NMSA 1978.
C. Any party of record to the proceeding before the commission or any person adversely affected by a rule adopted under the Oil and Gas Act may appeal to the court of appeals within thirty days after filing of the rule under the State Rules Act. All such appeals shall be upon the record made by the commission. Upon appeal, the court of appeals shall set aside the rule only if found to be:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence in the record; or
(3) otherwise not in accordance with law.
D. As used in this section, "rule" includes an amendment or repeal of a rule.
History:
Laws 2015, ch. 133, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 133 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-13 - Additional powers of commission or division; hearings before examiner; hearings de novo.

In addition to the powers and authority, either express or implied, granted to the oil conservation commission or division by virtue of the statutes of the state of New Mexico, the division is hereby authorized and empowered in prescribing its rules of order or procedure in connection with hearings or other proceedings before the division to provide for the appointment of one or more examiners to be members of the staff of the division to conduct hearings with respect to matters properly coming before the division and to make reports and recommendations to the director of the division with respect thereto. Any member of the commission or the director of the division or his authorized representative may serve as an examiner as provided herein. The division shall promulgate rules and regulations with regard to hearings to be conducted before examiners, and the powers and duties of the examiners in any particular case may be limited by order of the division to particular issues or to the performance of particular acts. In the absence of any limiting order, an examiner appointed to hear any particular case shall have the power to regulate all proceedings before him and to perform all acts and take all measures necessary or proper for the efficient and orderly conduct of such hearing, including the swearing of witnesses, receiving of testimony and exhibits offered in evidence subject to such objections as may be imposed, and shall cause a complete record of the proceeding to be made and transcribed and shall certify the same to the director of the division for consideration together with the report of the examiner and his recommendations in connection therewith. The director of the division shall base the decision rendered in any matter or proceeding heard by an examiner upon the transcript of testimony and record made by or under the supervision of the examiner in connection with such proceeding, and such decision shall have the same force and effect as if the hearing had been conducted before the director of the division. When any matter or proceeding is referred to an examiner and a decision is rendered thereon, any party of record adversely affected shall have the right to have the matter heard de novo before the commission upon application filed with the division within thirty days from the time any such decision is rendered.
History:
1953 Comp., § 65-3-11.1, enacted by Laws 1955, ch. 235, § 1; 1961, ch. 62, § 1; 1977, ch. 255, § 48; 1981, ch. 63, § 1.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-15 - Allocation of allowable production among fields when division limits total amount of production.

Whenever, to prevent waste, the division limits the total amount of crude petroleum oil to be produced in this state, it shall allocate or distribute the allowable productions among the fields of the state. Such allocation or distribution among the fields of the state shall be made on a reasonable basis, giving, if reasonable under all circumstances, to each pool with small wells of settled production, an allowable production which will prevent a general premature abandonment of the wells in the field.
History:
Laws 1935, ch. 72, § 11; 1941 Comp., § 69-212; Laws 1949, ch. 168, § 11; 1953 Comp., § 65-3-12; Laws 1977, ch. 255, § 49.
ANNOTATIONS
Law reviews.
— For comment on geothermal energy and water law, see 19 Nat. Res. J. 445 (1979).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gas and Oil §§ 161, 164 to 173.
Validity of compulsory pooling or unitization statute or ordinance requiring owners or lessees of oil and gas lands to develop their holdings as a single drilling unit and the like, 37 A.L.R.2d 434.
58 C.J.S. Mines and Minerals § 240.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 362, § 3, repeals 70-2-20 NMSA 1978, relating to penalty for violations. For present provisions, see 70-2-31 NMSA 1978, effective June 19, 1981.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-21 - Purchase, sale or handling of excess oil, natural gas or products prohibited.

A. The sale or purchase or acquisition, or the transportation, refining, processing or handling in any other way, of crude petroleum oil or natural gas in whole or in part produced in excess of the amount allowed by any statute of this state, or by any provision of this act, or by any rule, regulation or order of the commission or division made thereunder, is hereby prohibited, and such oil or commodity is hereby referred to as "illegal oil" or "illegal gas," as the case may be.
B. The sale or purchase or acquisition, or the transportation, refining, processing or the handling in any other way, of any product of crude petroleum or any product of natural gas, which product is derived in whole or in part from crude petroleum oil or natural gas produced in whole or in part in excess of the amount allowed by any statute of this state, or by any provisions of this act, or by any rule, regulation or order of the commission or division made thereunder, is hereby prohibited, and each such commodity or product is herein referred to as "illegal oil product" to distinguish it from "legal oil product," or "illegal gas product" to distinguish it from "legal gas product."
History:
Laws 1935, ch. 72, § 13; 1941 Comp., § 69-219; Laws 1949, ch. 168, § 15; 1953 Comp., § 65-3-18; Laws 1977, ch. 255, § 56.
ANNOTATIONS
Compiler's notes.
— The term "this act," referred to in this section, means Laws 1935, ch. 72, §§ 1 to 24, which appear as 70-2-2 to 70-2-4, 70-2-6 to 70-2-11, 70-2-15, 70-2-16, 70-2-21 to 70-2-25, 70-2-27 to 70-2-30, 70-2-33 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gas and Oil § 161.
58 C.J.S. Mines and Minerals §§ 239, 240.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-22 - Rules and regulations to effectuate prohibitions against purchase or handling of excess oil or natural gas; penalties.

A. The division is specifically authorized and directed to make such rules, regulations and orders, and may provide for such certificates of clearance or tenders, as may be necessary to make effective the prohibitions contained in Section 70-2-21 NMSA 1978.
B. Unless and until the division provides for certificates of clearance or tenders, or some other method, so that any person may have an opportunity to determine whether any contemplated transaction of sale or purchase or acquisition, or of transportation, refining, processing or handling in any other way, involves illegal oil or illegal oil product, or illegal gas or illegal gas product, no penalty shall be imposed for the sale or purchase or acquisition, or the transportation, refining, processing or handling in any other way, of illegal oil or illegal oil product, or illegal gas or illegal gas product, except under circumstances stated in the succeeding provisions of this paragraph. Penalties shall be imposed for the commission of each transaction prohibited in Section 70-2-21 NMSA 1978 when the person committing the same knows that illegal oil or illegal oil product, or illegal gas or illegal gas product, is involved in such transaction, or when such person could have known or determined such fact by the exercise of reasonable diligence or from facts within his knowledge. However, regardless of lack of actual notice or knowledge, penalties as provided in this act shall apply to any sale or purchase or acquisition, and to the transportation, refining, processing or handling in any other way, of illegal oil or illegal oil product, or illegal gas or illegal gas product where administrative provision is made for identifying the character of the commodity as to its legality. It shall likewise be a violation for which penalties shall be imposed for any person to sell or purchase or acquire, or to transport, refine, process or handle in any way any crude petroleum oil or natural gas or any product thereof without complying with the rule, regulation or order of the commission or division relating thereto.
History:
Laws 1935, ch. 72, § 14; 1941 Comp., § 69-220; Laws 1949, ch. 168, § 16; 1953 Comp., § 65-3-19; Laws 1977, ch. 255, § 57.
ANNOTATIONS
Cross references.
— For filing rules and regulations,
see
14-4-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-24 - Reports of governmental departments or agencies as to market demand to be deemed prima facie correct.

The reports, estimates, findings of fact or similar documents or findings of the United States bureau of mines, or of any other department or agency of the United States government, or of any bureau or agency under an interstate compact to which the state of New Mexico is a party made with respect to the reasonable market demand for crude petroleum oil, may be considered by the division or by any court and taken as being prima facie correct.
History:
Laws 1935, ch. 72, § 16; 1941 Comp., § 69-222; Laws 1949, ch. 168, § 18; 1953 Comp., § 65-3-21; Laws 1977, ch. 255, § 59.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-26 - Review of oil conservation commission decision; appeals.

The secretary of energy, minerals and natural resources may hold a public hearing to determine whether an order or decision issued by the commission contravenes the public interest. The hearing shall be held within twenty days after the entry of the commission order or decision following a rehearing or after the order refusing a rehearing. The hearing shall be a de novo proceeding, and the secretary shall enter such order or decision as may be required under the circumstances, having due regard for the conservation of the state's oil, gas and mineral resources, and the commission shall modify its own order or decision to comply therewith. If a rehearing before the commission was granted, the record of the rehearing shall be made part of the record of the hearing before the secretary. If the application for rehearing was denied, the record of the hearing before the commission or the oil conservation division shall be made part of the record of the hearing before the secretary. Orders and decisions of the secretary may be appealed by any party to the original hearing or the rehearing before the commission or by any party to the hearing before the secretary held pursuant to this section, in accordance with the procedure of Subsections B, C and D of Section 70-2-25 NMSA 1978, except that the appeal shall not be a de novo proceeding and shall be limited to a review of the record of the hearing held pursuant to the provisions of this section.
History:
1953 Comp., § 65-3-22.1, enacted by Laws 1977, ch. 255, § 60; 1987, ch. 234, § 62.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, in the first sentence substituted "energy, minerals and natural resources" for "energy and minerals department" near the beginning and substituted "commission contravenes the public interest" for "oil conservation commission contravenes the department's statewide plan or the public interest" at the end; in the fifth sentence substituted "the commission or the oil conservation division" for "commission or the division"; in the middle of the sixth sentence substituted "Subsections B, C and D of Section 70-2-25 NMSA 1978" for "Subsections (b), (c) and (d) of Section 65-3-22 NMSA 1953"; and made minor changes in language throughout the section.
Section 70-2-225 NMSA 1978.
— Section 70-2-225 NMSA 1978, as rewritten by Laws 1998, ch. 55, § 85, effective September 1, 1998, no longer contains a Subsection C or D, or specific procedures for appeal of commission orders or decisions.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 369 et seq.
73A C.J.S. Public Administrative Law and Procedure §§ 166 to 171.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-28 - Actions for violations.

Whenever it shall appear that any person is violating, or threatening to violate, any statute of this state with respect to the conservation of oil or gas, or both, or any provision of this act, or any rule, regulation or order made thereunder, the division through the attorney general shall bring suit against such person in the county of the residence of the defendant, or in the county of the residence of any defendant if there be more than one defendant, or in the county where the violation is alleged to have occurred, for penalties, if any are applicable, and to restrain such person from continuing such violation or from carrying out the threat of violation. In such suit the division may obtain injunctions, prohibitory and mandatory, including temporary restraining orders and temporary injunctions, as the facts may warrant, including, when appropriate, an injunction restraining any person from moving or disposing of illegal oil or illegal oil product, or illegal gas or illegal gas product, and any or all such commodities, or funds derived from the sale thereof, may be ordered to be impounded or placed under the control of an agent appointed by the court if, in the judgment of the court, such action is advisable.
History:
Laws 1935, ch. 72, § 19; 1941 Comp., § 69-225; Laws 1949, ch. 168, § 21; 1953 Comp., § 65-3-24; Laws 1977, ch. 255, § 62.
ANNOTATIONS
Compiler's notes.
— The term "this act," referred to in this section, means Laws 1935, ch. 72, §§ 1 to 24, which appear as 70-2-2 to 70-2-4, 70-2-6 to 70-2-11, 70-2-15, 70-2-16, 70-2-21 to 70-2-25, 70-2-27 to 70-2-30, 70-2-33 NMSA 1978.
Cross references.
— For forfeiture and sale of illegal oil or gas,
see
70-2-32 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 58 C.J.S. Mines and Minerals § 242.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-29 - Actions for damages; institution of actions for injunctions by private parties.

Nothing in this act contained or authorized, and no suit by or against the commission or the division, and no penalties imposed or claimed against any person for violating any statute of this state with respect to conservation of oil and gas, or any provision of this act, or any rule, regulation or order issued thereunder, shall impair or abridge or delay any cause of action for damages which any person may have or assert against any person violating any statute of the state with respect to conservation of oil and gas, or any provision of this act, or any rule, regulation or order issued thereunder. Any person so damaged by the violation may sue for and recover such damages as he may be entitled to receive. In the event the division should fail to bring suit to enjoin any actual or threatened violation of any statute of this state with respect to the conservation of oil and gas, or of any provision of this act, or of any rule, regulation or order made thereunder, then any person or party in interest adversely affected by such violation, and who has notified the division in writing of such violation or threat thereof and has requested the division to sue, may, to prevent any or further violation, bring suit for that purpose in the district court of any county in which the division could have brought suit. If, in such suit, the court holds that injunctive relief should be granted, then the division shall be made a party and shall be substituted for the person who brought the suit, and the injunction shall be issued as if the division had at all times been the complaining party.
History:
Laws 1935, ch. 72, § 20; 1941 Comp., § 69-226; Laws 1949, ch. 168, § 22; 1953 Comp., § 65-3-25; Laws 1977, ch. 255, § 63.
ANNOTATIONS
Compiler's notes.
— The term "this act," referred to in this section, means Laws 1935, ch. 72, §§ 1 to 24, which appear as 70-2-2 to 70-2-4, 70-2-6 to 70-2-11, 70-2-15, 70-2-16, 70-2-21 to 70-2-25, 70-2-27 to 70-2-30, 70-2-33 NMSA 1978.
Cross references.
— For when indemnity agreements are void,
see
56-7-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-30 - [Violation of court order grounds for appointment of receiver.]

The violation by any person of an order of the court relating to the operation of a well or wells, or of a pipeline or other transportation, equipment or facility, or of a refinery, or of a plant of any kind, shall be sufficient ground for the appointment of a receiver with power to conduct operations in accordance with the order of the court.
History:
Laws 1935, ch. 72, § 21; 1941 Comp., § 69-227; Laws 1949, ch. 168, § 23; 1953 Comp., § 65-3-26.
ANNOTATIONS
Cross references.
— For appointment of receivers,
see
Rules 1-065 and 1-066 NMRA.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-31.1 - Reporting requirement.

No later than October 1 of each year, the division shall report to the appropriate interim committee of the legislature and to the governor and shall post on the agency website:
A. the number of notices of violation that the division issued pursuant to the Oil and Gas Act during the previous fiscal year;
B. the total amount of penalties collected by the division for violations pursuant to the Oil and Gas Act during the previous fiscal year;
C. for each penalty collected, the following information:
(1) the name of the person penalized and the location of the violation; and
(2) the nature of the violation and the calculation of the penalty collected; and
D. the number and nature of lawsuits filed for a violation of the Oil and Gas Act, including the names of defendants, the nature of the violation and the outcome of the litigation.
History:
Laws 2019, ch. 197, § 9.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 197, § 13 made Laws 2019, ch. 197, § 9 effective January 1, 2020.
Applicability.
— Laws 2019, ch. 197, § 12 provided that the provisions of Laws 2019, ch. 197 apply to contracts entered into on and after July 1, 2019.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-34 - Regulation, conservation and prevention of waste of carbon dioxide, helium and other non-hydrocarbon gases.

A. The oil conservation division shall adopt and administer rules on the conservation, the production and the prevention of waste of carbon dioxide, helium and other non-hydrocarbon gases in the same manner as it regulates, conserves and prevents waste of natural or hydrocarbon gas. Where applicable, the provisions of the Oil and Gas Act relating to gas or natural gas shall also apply to carbon dioxide, helium and other non-hydrocarbon gases.
B. The commission shall have concurrent jurisdiction and authority with the oil conservation division to the extent necessary for the commission to perform its duties as required by law.
C. As used in this section:
(1) "carbon dioxide" means a noncombustible gas composed chiefly of carbon dioxide occurring naturally in underground rocks;
(2) "helium" means a gas composed of the elemental gas helium and found in underground rocks, often along with other gases; and
(3) "other non-hydrocarbon gases" means noncombustible gases found in underground rocks, often along with other gases.
History:
Laws 1935, ch. 72, § 28, enacted by Laws 1937, ch. 193, § 1; 1941 Comp., § 69-232; Laws 1949, ch. 168, § 28; 1953 Comp., § 65-3-31; Laws 1977, ch. 255, § 66; 2003, ch. 12, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, rewrote the section to include coverage of helium and other non-hydrocarbon gases and to add Subsection C.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-35 - Legal representation before the federal energy regulatory commission.

There may be a special assistant attorney general employed by the energy, minerals and natural resources department who shall represent the interests of this state before the federal energy regulatory commission. In addition, this attorney shall work closely with other agencies having responsibilities relating to oil and gas matters and shall carry out such additional responsibilities as are delegated to him by the energy, minerals and natural resources department. All costs incurred in employing such counsel shall be paid out of the oil conservation fund in accordance with provisions of the State Budgets Act.
History:
1953 Comp., § 65-3-35, enacted by Laws 1973, ch. 347, § 1; 1977, ch. 255, § 67; 1987, ch. 234, § 63.
ANNOTATIONS
Compiler's notes.
— The State Budgets Act, referred to in the last sentence, apparently means those provisions found in Article 3 of Chapter 6 NMSA 1978.
The 1987 amendment,
effective July 1, 1987, substituted "energy, minerals and natural resources" for "energy and minerals" in the first sentence, at the end of the second sentence, substituted "federal energy regulatory commission" for "federal power commission", and made minor changes in language throughout the section.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-36 - Removing or altering marks of identification; penalty.

A. No person shall remove, alter or attempt to remove or alter, any serial number, brand name, trademark or any other mark of identification from any tool or any other item of construction or oil field equipment by grinding, filing, welding or any other method with the intent to deprive its lawful owner of positive identification.
B. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars ($1,000) or imprisoned for a definite term of not more than one year or both.
History:
1953 Comp., § 65-3-36, enacted by Laws 1975, ch. 73, § 1.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-36.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 9, § 45A repeals 70-2-36.1 NMSA 1978, as amended by Laws 1989, ch. 130, § 12, relating to creation and disposition of the conservation fund, effective July 1, 1991. For provisions of former section,
see
1989 Cumulative Supplement.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-37 - Oil and gas reclamation fund created; disposition of fund.

There is created the "oil and gas reclamation fund". In addition to other sources, money in the fund may consist of donations. All funds in the oil and gas reclamation fund are appropriated to the energy, minerals and natural resources department for use by the oil conservation division in carrying out the provisions of the Oil and Gas Act.
History:
1953 Comp., § 65-3-37, enacted by Laws 1977, ch. 237, § 4; 1978, ch. 117, § 2; 1987, ch. 234, § 64; 1989, ch. 324, § 33; 2010, ch. 98, § 3.
ANNOTATIONS
The 2010 amendment,
effective May 10, 2010, added the second sentence.
The 1989 amendment,
effective April 7, 1989, deleted "and the earnings therefrom" following "gas reclamation fund" in the second sentence.
The 1987 amendment,
effective July 1, 1987, substituted "energy, minerals and natural resources" for "energy and minerals" and made a minor language change.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-1 - [Rates for pipeline common carriers transporting oil or products between points in New Mexico.]

The corporation commission [public regulation commission] may prescribe reasonable maximum rates for the transportation of oil and the products derived therefrom, where such products are transported by a pipeline common carrier from any point in New Mexico to an ultimate destination in New Mexico, provided, in the event the reasonableness of such rates are [is] contested in the manner provided by law, the burden of proof to show the unreasonableness of such rates shall be upon the person, firm, association or corporation contesting the same.
History:
1941 Comp., § 69-315, enacted by Laws 1953, ch. 42, § 2; 1953 Comp., § 65-4-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Law reviews.
— For note, "The Use of Eminent Domain for Oil and Gas Pipelines in New Mexico," see 4 Nat. Res. J. 360 (1964).
For article, "Memories and Miracles Housing the Rural Poor along the United States-Mexico Border: A Comparative Discussion of Colonia Formation and Remediation in El Paso County, Texas, and Dona Ana County, New Mexico," see 27 N.M.L. Rev. 33 (1997).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Pipelines § 4.
13 C.J.S. Carriers §§ 138 to 194.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-3 - Exceptions.

The foregoing provisions of Section 70-3-2 NMSA 1978 shall not apply to gathering lines or systems operated exclusively for the gathering of oil or gas in any field or area; to any gas distribution system; or to pipelines constituting a part of any tank farm, plant facilities of any processing plant, gasoline plant, refinery, carbon-black plant, pressure maintenance, underground storage projects, recycling system or other similar operations and such lines and systems shall not be included in computing the fees payable under the licensing provision of Section 70-3-2 NMSA 1978.
History:
1941 Comp., § 69-317, enacted by Laws 1953, ch. 42, § 4; 1953 Comp., § 65-4-4; Laws 1969, ch. 71, § 11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Railroad company's right to permit laying of oil and gas pipeline under its right-of-way, 94 A.L.R. 532, 149 A.L.R. 378.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-4 - Pipelines; crossing of railroads and highways.

The crossing of any pipeline operated for the conveyance of oil, natural gas, carbon dioxide gas or the products derived therefrom under any railroad or public road or highway in this state, outside of the confines of any municipal corporation, shall be constructed and maintained according to reasonable rules and regulations adopted by the corporation commission [public regulation commission] of New Mexico, not inconsistent, however, with the applicable requirements of the state highway department.
History:
1941 Comp., § 69-319, enacted by Laws 1953, ch. 42, § 6; 1953 Comp., § 65-4-6; Laws 1980, ch. 20, § 20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Law reviews.
— For article, "Survey of New Mexico Law, 1979-80: Property," see 11 N.M.L. Rev. 203 (1981).
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-6 - [Private telegraph or telephone line along right-of-way of pipeline.]

The owners or operators of any pipelines for which any right-of-way is obtained under the provisions of this act shall be entitled to erect and construct a telephone or telegraph line upon and along such right-of-way for use in the operation of such pipeline, and shall not be required to operate said telegraph or telephone line as a toll line, or to open same to the use of the public; provided, that the construction and maintenance of said telephone or telegraph line shall not unduly interfere with the cultivation of any agricultural land.
History:
1941 Comp., § 69-322, enacted by Laws 1953, ch. 42, § 9; 1953 Comp., § 65-4-9.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to Laws 1953, ch. 42, the provisions of which are presently compiled as 70-3-1 to 70-3-6 NMSA 1978.
Law reviews.
— For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Res. J. 840 (1970).
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-7 - [Use of public highways by pipeline; grant of right by county commissioners.]

The county commissioners of the various counties in the state are hereby empowered and authorized to grant rights-of-way for laying and maintaining pipelines for oil and gas transportation in, on or over public highways in their respective counties to all applicants upon such terms and conditions as such county commissioners deem to be for the best interests of their respective counties, and as prescribed by the terms of this act [70-3-7 to 70-3-9 NMSA 1978].
History:
Laws 1921, ch. 22, § 1; C.S. 1929, § 33-4249; 1941 Comp., § 69-310; 1953 Comp., § 65-4-11.
ANNOTATIONS
Application of act.
— So far as use of roads is made for transportation alone but not for distribution, 70-3-7 NMSA 1978 will apply, and in event commodity is being transported on public ways for resale to public utility, and not directly by owner of pipe for distribution to general public, a charge can be made under this section. 1957 Op. Att'y Gen. No. 57-124.
Law reviews.
— For note, "The Use of Eminent Domain for Oil and Gas Pipelines in New Mexico," see 4 Nat. Res. J. 360 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Pipelines § 27.
73A C.J.S. Public Lands § 70.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-9 - Pipeline highway use forms.

The state transportation commission shall cause to be prepared the necessary blank forms for carrying out the provisions of Sections 70-3-7 through 70-3-9 NMSA 1978.
History:
Laws 1921, ch. 22, § 3; C.S. 1929, § 33-4251; 1941 Comp., § 69-312; 1953 Comp., § 65-4-13; Laws 2003, ch. 142, § 90.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; and substituted "Sections 70-3-7 through 70-3-9 NMSA 1978" for "this act".
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-10 - [Attachment of articles to pipeline which may cause leakage or loss; disturbance of pipeline; penalty.]

Any person who shall wilfully or maliciously affix, attach to or connect with any natural or artificial gas or liquefied petroleum pipeline in the state of New Mexico any article or thing whereby leakage or loss of gas from said line shall or may be affected [effected], and any person who shall wilfully or maliciously by any means disturb a natural or artificial gas or liquefied petroleum pipeline or cause leakage or loss of gas from any such gas pipeline shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100.00 or by imprisonment in the county jail not more than 60 days, or by both such fine and imprisonment.
History:
1941 Comp., § 69-313, enacted by Laws 1951, ch. 134, § 1; 1953 Comp., § 65-4-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-11 - Short title.

This act [70-3-11 to 70-3-20 NMSA 1978] may be cited as the "Pipeline Safety Act."
History:
1953 Comp., § 65-4-15, enacted by Laws 1969, ch. 71, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Pipelines §§ 9, 10.
Oil and gas tanks, pipes and pipelines, and apparatus and accessories thereof as constituting attractive nuisance, 23 A.L.R.2d 1157.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-13.1 - Master meter outreach and education.

On the effective date of this legislation, the commission shall:
A. commence a continuing industry outreach to coordinate and conduct education and certification programs concerning pipeline safety laws and regulations with respect to master meters;
B. develop agreements with the building and construction oversight divisions of the state and of local governments with the intent of minimizing dual jurisdiction of master meters; and
C. apply the waiver provisions of Section 70-3-16 NMSA 1978 to violations of safety regulations pertaining to master meters occurring prior to July 1, 2004.
History:
Laws 2004, ch. 80, § 2.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 80, § 5, made the act effective July 1, 2004.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-14 - Adoption of regulations; notice and hearing.

No regulation or amendment or repeal of any regulation shall be adopted by the commission under the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] until after a public hearing by the commission. Hearings on regulations shall be held at Santa Fe. Notice of hearing shall:
A. be given at least thirty days prior to the hearing date;
B. state the subject of the hearing;
C. indicate the time and place of the hearing;
D. state the manner in which interested persons may present their views; and
E. state where interested persons may secure copies of any proposed regulation.
The notice shall be published in a newspaper of general circulation in the state. Reasonable efforts shall be made to give notice to all persons who have made a written request to the commission for advance notice of hearings conducted under the Pipeline Safety Act. At any hearing, the commission shall give all interested persons reasonable opportunity to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. A complete record of the proceedings at any hearing shall be made and preserved by the commission. A copy of the transcript shall be furnished upon demand of any party to the hearing, upon payment of a reasonable charge for reproducing the record. The fee shall be fixed by regulation of the commission. After the conclusion of any hearing, the commission shall make and file its findings of fact and order. Any person heard or represented at the hearing shall be given written notice of the findings and order of the commission. No regulation adopted by the commission shall become effective until thirty days after its filing according to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978] or any later date as set forth in the commission's order adopting the regulation.
History:
1953 Comp., § 65-4-18, enacted by Laws 1969, ch. 71, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 152 et seq.
73 C.J.S. Public Administrative Law and Proceedings §§ 103 to 106.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-15 - Validity of regulation; judicial review.

A. Any person who is a party to any proceeding before the commission and who is or may be adversely affected by a regulation adopted by the commission, or by any order of the commission, may appeal by petition to the court of appeals for such relief as may be granted by the court, charging in the petition that the regulation or order is unreasonable, unlawful, capricious, arbitrary, inappropriate for the particular type of pipeline transportation or fails to contribute to the public safety. The petition shall name the New Mexico corporation commission [public regulation commission] as the appellee therein and shall state briefly the nature of the proceeding before the commission and shall set forth the regulation or order complained of and the grounds upon which the petitioner will rely. Appeals shall be upon the record made at the commission hearing on the regulation or order, and shall be taken:
(1) within thirty days after the regulation is filed in accordance with the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978]; or
(2) within thirty days after the effective date of the commission's order, whichever is the later date.
B. An appeal does not stay the operation of the commission's order or regulation, unless the court of appeals orders a stay of the operation of the order or regulation on such terms as it deems just and in accordance with the practice of the courts exercising equity jurisdiction.
History:
1953 Comp., § 65-4-19, enacted by Laws 1969, ch. 71, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Law reviews.
— For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Res. J. 840 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 415 et seq.
73A C.J.S. Public Administrative Law and Proceedings § 172 et seq.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-16 - Waiver of regulations.

Upon application by any person engaged in the transportation of gas or oil or owning or operating gas or oil pipeline facilities, the commission may, after notice and opportunity for hearing, and under such terms and conditions, and to such extent as the commission deems appropriate, waive compliance with any regulation established under the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978], if the commission determines that a waiver of compliance with the regulation is not inconsistent with pipeline safety. Any waiver for the transportation of gas or for gas pipeline facilities shall be subject to approval by the federal agency having jurisdiction as provided in Section 3(e) of the Natural Gas Pipeline Safety Act of 1968, being Public Law 90-481.
History:
1953 Comp., § 65-4-20, enacted by Laws 1969, ch. 71, § 6.
ANNOTATIONS
Cross references.
— For Section 3 (e) of the Natural Gas Pipeline Safety Act of 1968,
see
49 U.S.C. § 1672(d).
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-17 - Continuity of service.

When a proposed regulation or commission order will, or may, affect continuity of any gas service, the commission shall consult with any other state or federal agency having jurisdiction over the affected transportation of gas or gas pipeline facility before adopting the regulation or order and shall defer the effective date of the regulation or order until the other state or federal agency has had reasonable opportunity to take such action as it shall deem necessary.
History:
1953 Comp., § 65-4-21, enacted by Laws 1969, ch. 71, § 7.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-18 - Compliance.

A. Each person who engages in the transportation of oil or gas or who owns or operates oil or gas pipeline facilities shall:
(1) at all times after the effective date of any regulation, comply with the requirements of the regulation;
(2) comply with any plan of inspection and maintenance required to be filed with the commission by the person; and
(3) permit the commission access to or the copying of pertinent records, and make reports or provide information to the commission as may be reasonably required, and permit entry to or inspection of its gas or oil pipeline facilities by the commission.
B. Nothing in the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] shall affect the common law or statutory tort liability of any person.
History:
1953 Comp., § 65-4-22, enacted by Laws 1969, ch. 71, § 8.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-20 - Pipeline safety engineer and staff.

The commission shall appoint a professional engineer who shall have at least five years' actual experience in the design, construction, maintenance and operation of oil or gas pipeline facilities and who shall be designated "pipeline safety engineer." The commission shall retain such other personnel as may be necessary to carry out the provisions of the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978], and the commission shall, subject to state laws and regulations covering classification and compensation of state employees, be empowered and authorized to fix the compensation to be paid the pipeline safety engineer, and the compensation of other personnel employed under the authority of this section shall be subject to the state Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
1953 Comp., § 65-4-24, enacted by Laws 1969, ch. 71, § 10.
ANNOTATIONS
Appointment of engineer.
— This section does not expressly designate the professional engineer head of pipeline department; it merely commands commission to appoint an engineer. 1971 Op. Att'y Gen. No. 71-28.