reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-11 - [Statement with royalty payment; inspection of books; state's lien for unpaid royalty; log; specimen of drill cuttings.]

The lessee shall be required to submit to the commissioner of public lands with each and every royalty payment, a correct statement showing the amount of oil or gas produced and saved since the last report and the market value thereof, except oil and gas used in developing and operating said lease. All books and accounts of the lessee pertaining to the production, transportation and marketing of the output from the leased lands shall be open to the examination and inspection at all reasonable hours by the commissioner of public lands or his representative. The value of any unpaid royalty, and any sum due the state upon any lease, shall become a prior lien upon the production from the leased premises and the improvements situated thereon. The lessee shall furnish to the commissioner of public lands, as and when called for by him, a full, accurate and complete log, and also a complete specimen of drill cuttings of any and all wells drilled by lessee on the leased lands.
History:
Laws 1925, ch. 137, § 4; C.S. 1929, § 132-422; 1941 Comp., § 8-1104; 1953 Comp., § 7-11-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-12 - [New lease or extension where no discovery made; preference right; conditions.]

The legal owners of all leases issued by the commissioner of public lands prior to the effective date of this amendment, containing provision, or provisions, for preference right to a new lease, or extension of the term thereof upon the expiration of the initial five-year term, and where valuable discoveries of the oil and gas have not been made, shall have an absolute preference right to such new lease or extension, upon the terms and conditions provided in such leases without paying a bonus therefor, and in the exercise of such preference right the provisions of Chapter 125 of the 1929 Session Laws [19-10-1, 19-10-12 to 19-10-25 NMSA 1978], and of this act [19-10-1, 19-10-12, 19-10-15 to 19-10-18, 19-10-22 NMSA 1978] relating to sales made upon competitive bidding by sealed bids, or at public auction, shall not apply in any case, but all such renewals, extensions or new leases made pursuant to such preference rights shall be only for a term of five years and as long thereafter as oil and gas in paying quantities, or either of them, is produced from the leased premises, and without further preference right to renewal or extension for successive terms.
History:
Laws 1929, ch. 125, § 3; C.S. 1929, § 132-403; Laws 1931, ch. 18, § 3; 1941 Comp., § 8-1105; 1953 Comp., § 7-11-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Construction.
— This section contained no provisions for shortening the term of an oil or gas lease; it provided for preference right for new leases and for extensions.
Atlantic Oil Producing Co. v. Crile
, 1930-NMSC-040, 34 N.M. 650, 287 P. 696 (case decided prior to 1931 amendment of section).
Applicability.
— The provisions of this section, prior to the 1931 amendment, with reference to making application for preference right lease prior to expiration of original term, were not applicable to preference right contained in lease for five years dated May 3, 1924, on form prescribed by the state land office.
State ex rel. Malone v. Crile
, 1929-NMSC-095, 34 N.M. 520, 284 P. 762.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-14 - [Application for lease; form; deposit; appraisement.]

Applications for the issuance of any lease authorized by this act [19-10-1, 19-10-12 to 19-10-25 NMSA 1978] shall be executed under oath by the applicant or by his agent or attorney duly authorized in writing, or by any officer or attorney in fact of the corporation if the application be made by a corporation. The application shall be accompanied by the amount offered by the applicant as the bonus, if any, and rental for the first year. The form of the application shall be prescribed by the commissioner and all applications shall contain a description of the lands by legal subdivisions upon which the lease is desired, together with such data and information concerning development on and in the vicinity of the lands as may reasonably be required by the commissioner. The commissioner may also require any applicant for a lease to file in the office of the commissioner an appraisement in such form as the commissioner may require, showing the value of the lands for oil and gas purposes, such appraisement to be made under oath by one or more disinterested persons having personal knowledge of the facts set forth in the appraisement. The commissioner shall not be bound by the statements contained in any such application or appraisement. No lease shall be issued without the filing of an application therefor as prescribed herein, and no lease shall be issued for less than the amount offered by the applicant as a bonus, if any, and rental for the first year, and if an appraisement of the land for oil and gas purposes be required as provided herein, then no lease shall issue for less than the value of same as shown by such appraisement.
History:
Laws 1929, ch. 125, § 5; C.S. 1929, § 132-405; 1941 Comp., § 8-1107; 1953 Comp., § 7-11-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For appraisement of state lands by applicant seeking to lease or purchase same,
see
19-7-1 NMSA 1978.
For false swearing in appraisement of state lands,
see
19-7-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-15 - [Rental; limits; first year; rental districts; alteration; maximum size of lease; rent where lease crosses district line.]

All leases issued by the commissioner of public lands shall provide for an annual rental to be paid by the lessee, the amount thereof to be fixed by the commissioner, but in no case shall the same be less than five cents [($.05)] nor more than one dollar [($1.00)] per acre, except during the secondary term of the leases provided for herein; provided the first year's rental for any lease, except leases issued pursuant to relinquishment under Section 8 [19-10-22 NMSA 1978] of this act, shall not be less than one hundred dollars ($100).
It shall be the duty of the commissioner to classify and divide all state lands subject to lease hereunder, into districts to be known as "rental" districts, and thereupon prescribe the rental per acre to be paid under leases to be made upon lands in the respective rental districts, and upon such division shall post in a conspicuous place in the state land office a description of such districts and the rental prevailing in each; provided, however, the commissioner may, from time to time, alter or change the boundaries of such districts, or redistrict all of said lands, and increase or diminish the rental prevailing in each, but any change in the boundaries of the districts, or amount of rental, shall not become effective until ten days after giving notice thereof by posting a description, or list, of such changes, in a conspicuous place in the state land office.
Not more than six thousand, four hundred (6,400) acres of land may be embraced within any one lease, and where part of the lands in any lease are situated in one rental district and part thereof in another, or other districts, the lessee shall be required to pay the rental prevailing in the district wherein part of the lands affected are situated having the highest rental.
History:
Laws 1929, ch. 125, § 6; C.S. 1929, § 132-406; Laws 1931, ch. 18, § 4; 1941 Comp., § 8-1108; 1953 Comp., § 7-11-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For accrual of interest on delinquent payments of rental, etc.,
see
19-1-3 NMSA 1978.
Withdrawal of lands from restricted districts.
— By necessary implication the land commissioner has authority to rescind orders promulgated by him adding lands to restricted districts for oil and gas leasing, and the procedure to be followed in withdrawing any lands from a restricted district is substantially the same as set out in this section. 1952 Op. Att'y Gen. No. 52-5604.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
38 Am. Jur. 2d Gas and Oil § 283.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-18 - No bids made; subsequent lease.

A. If no bid is received for any lease offered by notice of sale as provided in Section 19-10-17 NMSA 1978 on a tract classified as restricted and categorized as regular, then the tract or tracts upon which no bids are received may be leased by the commissioner to the first applicant for the respective tracts any time within ten days after the sale at not less than the minimum amount of rental and bonus, if any, specified in the notice of sale.
B. If no bid is received for any lease offered by notice of sale as provided herein on a tract classified as restricted and categorized as premium, then the tract or tracts upon which no bids are received may be reoffered for lease by the commissioner at some subsequent sale or may be offered for lease at some subsequent sale, as a restricted tract or tracts, categorized as regular.
History:
Laws 1929, ch. 125, § 9; C.S. 1929, § 132-409; Laws 1931, ch. 18, § 7; 1941 Comp., § 8-1111; 1953 Comp., § 7-11-12; Laws 1985, ch. 195, § 8.
ANNOTATIONS
The 1985 amendment,
effective June 14, 1985, added the section heading, designated the formerly undesignated paragraph as Subsection A, substituted "If no bid is received" for "If no bid be received" and "in Section 19-10-17 NMSA 1978 on a tract classified as restricted and categorized as regular" for "herein" near the beginning and "the sale" for "such sale" near the end of Subsection A and added Subsection B.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-19 - [Withholding lands from lease authorized.]

Nothing contained in this act [19-10-1, 19-10-12 to 19-10-25 NMSA 1978] shall be construed as requiring the commissioner to offer any tract or tracts of land for lease but the commissioner shall have power to withhold any tract or tracts from leasing for oil and gas purposes if in his opinion the best interests of the state will be served by so doing.
History:
Laws 1929, ch. 125, § 10; C.S. 1929, § 132-410; 1941 Comp., § 8-1112; 1953 Comp., § 7-11-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-21 - [Rules and regulations; amendment; rescission; effective date.]

The commissioner is hereby authorized and required to prescribe and publish for the information of the public, all rules and regulations necessary for carrying out the provisions of this act [19-10-1, 19-10-12 to 19-10-25 NMSA 1978], and he may amend or rescind any rule or regulation promulgated by him under the authority contained herein; provided, however, that no rule or regulation or amendment of same, or any order rescinding any rule or regulation shall become effective earlier than fifteen (15) days after the promulgation of same, and a copy of the proposed rule, regulation, amendment or order shall be posted in a conspicuous place in the office of the commissioner for a period of at least fifteen (15) days prior to the taking effect of same.
History:
Laws 1929, ch. 125, § 13; C.S. 1929, § 132-413; 1941 Comp., § 8-1114; 1953 Comp., § 7-11-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-23 - Appeal of commissioner's decision.

A person or corporation aggrieved by a ruling or decision of the commissioner affecting his interest in any lease issued under or affected by the provisions relating to oil and gas leases of state lands may file an appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1929, ch. 125, § 16; C.S. 1929, § 132-416; 1941 Comp., § 8-1116; 1953 Comp., § 7-11-17; Laws 1959, ch. 198, § 1; 1998, ch. 55, § 29; 1999, ch. 265, § 30.
ANNOTATIONS
Cross references.
— For provision, rule governing appeals to district court,
see
39-3-2 NMSA 1978 and Rule 12-201.
For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
Consent to suit.
— In an action brought under this section against the commissioner of public lands to compel him to rescind his cancellation of certain oil and gas leases, it was held that the state not only has waived its immunity but has consented to be sued in a court of equity in which equitable principles must control.
Durell v. Miles
, 1949-NMSC-033, 53 N.M. 264, 206 P.2d 547.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
38 Am. Jur. 2d Gas and Oil § 283.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-24 - [Contesting claims; jurisdiction of district court; appeal and error.]

The district court of the county in which the lands or the major portion thereof may be located which are embraced in any lease issued under or affected by the provisions of this act [19-10-1, 19-10-12 to 19-10-25 NMSA 1978], shall have original exclusive jurisdiction as a court of equity for the determination of controversies between persons or corporations respecting their rights in, or claim under such lease, and no such controversies shall be considered or determined by the commissioner of public lands. Appeals to and writs of error from the supreme court shall be allowed in such cases, as provided in Section 16 [19-10-23 NMSA 1978] herein.
History:
Laws 1929, ch. 125, § 17; C.S. 1929, § 132-417; 1941 Comp., § 8-1117; 1953 Comp., § 7-11-18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-25 - [Proof of commissioner's records.]

In the proceedings above described in Sections 16 and 17 [19-10-23, 19-10-24 NMSA 1978] of this act, records, books and papers in the office of the commissioner of public lands shall be proven by copies thereof, duly certified by the commissioner, or by certified transcript of such records and proceedings as may be necessary, which shall be admissible in evidence in such cases; and no original book, record or paper shall be removed from the office of the commissioner of public lands except upon order of a district court after a special application therefor.
History:
Laws 1929, ch. 125, § 18; C.S. 1929, § 132-418; 1941 Comp., § 8-1118; 1953 Comp., § 7-11-19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For rules regarding introduction into evidence of contents of writings, recordings and photographs, in general,
see
Rules 11-1001 to 11-1008 NMRA.
Severability.
— Laws 1929, ch. 125, § 19, provided for the severability of the act if any provision thereof is held invalid.
Saving clauses.
— Laws 1929, ch. 125, § 20, repealed Laws 1927, ch. 46, and all other acts and parts of acts in conflict or inconsistent with the provisions of Laws 1929, ch. 125, with a proviso, however, that applications for oil and gas leases on file in the office of the commissioner and not disposed of when the act takes effect shall be disposed of and leases issued pursuant thereto in accordance with statutes and regulations in force at the time of the filing of the respective applications.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-26 - [Lands sold with reservation of minerals; lease; bond to protect purchaser; waiver.]

State lands sold heretofore, or which may be sold hereafter on any deferred payment plan under contract containing a reservation to the state of the minerals therein contained, may be leased by the state for oil, gas or other mineral development or exploitation, as provided by law in the same manner as other state lands.
Provided, that before any lessee of minerals on state lands so sold shall commence development or operations thereon such lessee or the operator (being any third party conducting exploratory or development operations authorized by the lessee within the authority granted to the lessee under the provisions of Section 19-10-13 NMSA 1978) shall execute and file with the commissioner of public lands a good and sufficient bond or undertaking in an amount to be fixed by the commissioner, but not less than two thousand dollars ($2,000), in favor of the state of New Mexico for the use and benefit of the purchaser holding purchase contract or deed to such lands on which such development is about to be commenced, his grantees or successors in interest to secure the payment for such damage to the livestock range, water, crops or tangible improvements on such lands as may be suffered by such purchaser or his successors in interest by reason of such development, use and occupation of such lands by such lessee.
And provided further, that if any such purchaser shall file with the commissioner of public lands a waiver duly executed and acknowledged by him of his right to require such bond, such development, occupation and use of the lands by a mineral lessee may be permitted without the bond herein required.
History:
Laws 1925, ch. 137, § 5; 1929, ch. 45, § 1; C.S. 1929, § 132-423; 1941 Comp., § 8-1119; 1953 Comp., § 7-11-20; Laws 1979, ch. 60, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For filing by mineral lessee of bond securing payment for damage to the surface, and bond guaranteeing payment of royalties,
see
19-8-24 NMSA 1978.
For bond filed by person leasing state lands for geothermal resource development,
see
19-13-18 NMSA 1978.
For reservation of mineral purchase rights in lease or conveyance of state lands, and waiver of same,
see
19-14-1, 19-14-2 NMSA 1978.
Minerals defined.
— Whether sand and gravel are "minerals" as that term is used in a mineral reservation or grant depends upon the specific facts in each case.
Rickelton v. Universal Constructors, Inc.
, 1978-NMSC-015, 91 N.M. 479, 576 P.2d 285.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-27 - [Lands sold on deferred payments with reservation of minerals or classified as mineral lands prior to full payment or issuance of patent; limited patent.]

Where state lands have been sold heretofore, or may be sold hereafter on any deferred payment plan under contract containing a reservation to the state of the minerals therein contained and before the payment of the total purchase price, such land shall have been leased for mineral purposes as in this act [19-10-11, 19-10-26 to 19-10-30 NMSA 1978] provided; or where before the payment of the full amount of the purchase price shall have been made or patent issued, the land shall be known, classified or reported as mineral lands, or where, by reason of proximity to known mineral lands or productive oil and gas wells, the commissioner of public lands shall deem such lands to be of probable mineral character and valuable as such, he shall make proper notation on the records of his office designating the said lands as mineral lands. The commissioner of public lands is hereby authorized to issue to the purchaser of any such mineral land or lands so classified as mineral, upon full payment of the purchase price according to the terms of the contract, a limited patent only, which shall contain reservation to the state of New Mexico to all the minerals in the said lands, together with the right to the state or its grantees, to prospect for, mine and remove the same; and such lands shall, notwithstanding the issuance of such patent, be subject to lease under the provisions of this act;
Provided, that no lease for such lands shall be issued and no person shall be authorized to prospect for, mine or remove any minerals until an indemnity bond shall be given or waiver of the same filed, as set forth in Section 5 [19-10-26 NMSA 1978] of this act.
History:
Laws 1925, ch. 137, § 6; C.S. 1929, § 132-424; 1941 Comp., § 8-1120; 1953 Comp., § 7-11-21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-28 - [Lessee to purchase prior improvements on lands; proof of payment.]

If mineral lands upon which improvements have been made shall be leased in conformity with law to other than the owner of such improvements thereon, then such purchaser or such new lessee shall pay to the owner thereof the value of such improvements at an agreed price with the owner thereof; and if such owner of improvements and such new lessee or purchaser are not able to agree upon a value, the value shall be determined by a board of three arbitrators, one to be selected by the owner of the improvements, one by the commissioner of public lands and the third by the two so selected. The word "improvements" shall be construed to mean surface improvements, machinery and other equipment not removed from said lands under the provisions of Section 9 used in the operation of the plant on such land, and work performed in the development of the property for operation and mining. No lease shall be issued to any applicant other than the owner of such improvements until such applicant files with the commissioner of public lands a receipt showing payment in full of the value of such improvements as agreed upon between such applicant and the owner of the improvements, or determined by the board of arbitrators; or until such applicant shall pay to the commissioner of public lands the value of such improvements so determined. If payment is made to the commissioner of public lands it shall be at once delivered to the owner of the improvements.
History:
Laws 1925, ch. 137, § 3; C.S. 1929, § 132-421; 1941 Comp., § 8-1121; 1953 Comp., § 7-11-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1925, ch. 137, § 9, referred to in this section, was amended by Laws 1927, ch. 46, § 3, and then repealed by Laws 1929, ch. 125, § 20.
Cross references.
— For right, in general, of owner of improvements on state lands to be compensated for same by purchaser or subsequent lessee,
see
19-7-14 NMSA 1978.
For removal of removable improvements and forfeiture of others by mineral lessee,
see
19-8-29 NMSA 1978.
For right of oil and gas lessee to remove certain improvements upon cancellation or termination of lease,
see
19-10-29 NMSA 1978.
For removal by lessee under Geothermal Resources Act of removable improvements, and forfeiture of rest,
see
19-13-24 NMSA 1978.
Effect of repeal.
— The repeal of the amendatory act (Laws 1927, ch. 46, § 3) with a substitute, did not revive the original provision.
Atlantic Oil Producing Co. v. Crile
, 1930-NMSC-040, 34 N.M. 650, 287 P. 696.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-29 - [Removal of certain improvements on cancellation or forfeiture of lease.]

In the event of the cancellation or forfeiture of any lease issued under the provisions of this act [19-10-11, 19-10-26 to 19-10-30 NMSA 1978] from any cause whatever, the lessee or assignee shall be permitted to remove any and all improvements from the lands which lessee can remove without injury thereto, provided, however, that the commissioner of public lands may require that all or any part of the casing shall be left in any well which is productive of water when he shall deem it to the interest of the state to maintain said well, or wells, for water, and in such case the lessee shall be paid the reasonable value of the casing therein.
History:
Laws 1925, ch. 137, § 8; C.S. 1929, § 132-426; 1941 Comp., § 8-1122; 1953 Comp., § 7-11-23.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For right, in general, of owner of improvements on state lands to be compensated for same by purchaser or subsequent lessee,
see
19-7-14 NMSA 1978.
For removal of removable improvements and forfeiture of others by mineral lessee,
see
19-8-29 NMSA 1978.
For payment by purchaser or subsequent lessee of oil and gas lands of value of improvements, to owner thereof,
see
19-10-28 NMSA 1978.
For removal by lessee under Geothermal Resources Act of removable improvements, and forfeiture of rest,
see
19-13-24 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
What are improvements, alterations or additions, within lease provisions permitting or prohibiting tenant's removal thereof at termination of lease, 30 A.L.R.3d 998.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-30 - [Rules and regulations authorized.]

The commissioner of public lands shall be, and he hereby is, authorized and empowered to adopt such uniform and reasonable rules and regulations and to prepare such uniform forms of leases as he may deem necessary to carry into effect the terms and provisions of this act [19-10-11, 19-10-26 to 19-10-30 NMSA 1978] and not inconsistent herewith.
History:
Laws 1925, ch. 137, § 10; C.S. 1929, § 132-427; 1941 Comp., § 8-1123; 1953 Comp., § 7-11-24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For statutory oil and gas lease forms,
see
19-10-4.1 to 19-10-4.3 NMSA 1978.
For State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
Law reviews.
— For note, "State Regulation of Oil and Gas Pools on State, Federal, Indian and Fee Lands," see 2 Nat. Resources J. 355 (1962).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-31 - [Filing and recording of leases, other instruments and assignments with commissioner; constructive notice; recording in county waived.]

All leases and other instruments executed or issued by the commissioner of public lands, hereinafter referred to as the commissioner, pertaining to oil and gas rights in state lands, and including assignments of such rights when approved by the commissioner, shall be made in duplicate and one copy thereof retained in the files of the state land office and recorded in full by the commissioner in suitable books provided by him and kept for such purpose. Such filing and recording shall be constructive notice to all persons of the contents of such instruments from the date of such filing and it shall not be necessary to record such instruments in the county where the lands affected thereby are located, and the filing and recording in the office of the commissioner as provided herein shall have the same force and effect as the filing and recording of such instruments in the county where the lands affected thereby are located would now have under existing statutes.
History:
Laws 1925, ch. 68, § 1; C.S. 1929, § 132-501; 1941 Comp., § 8-1124; 1953 Comp., § 7-11-25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For recording of certain agricultural and grazing lease or contract assignments in office of commissioner,
see
19-7-39 NMSA 1978.
For recording of instruments effecting real estate and giving of constructive notice thereby generally,
see
14-9-1, 14-9-2 NMSA 1978.
For recording of assignment made for benefit of creditors,
see
56-9-10 NMSA 1978.
Assignment of partial lease filed with county, not state, offices.
— Because an assignment of a partial lease is not recognized by the commissioner of public lands, pursuant to Section 19-10-13 NMSA 1978, the assignment cannot be filed in the state land office, but must be filed in the appropriate county clerk's office; there it provides constructive notice of its contents.
Angle v. Slayton
, 1985-NMSC-032, 102 N.M. 521, 697 P.2d 940.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-32 - [Acknowledgments required; commissioner excepted.]

All such instruments shall be acknowledged by the parties thereto except that the commissioner shall not be required to acknowledge any such instrument but shall authenticate his signature to same with his seal of office.
History:
Laws 1925, ch. 68, § 2; C.S. 1929, § 132-502; 1941 Comp., § 8-1125; 1953 Comp., § 7-11-26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For necessity for acknowledgment generally,
see
14-8-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-33 - [Contracts relating to oil and gas rights; filing for record in land office.]

Contracts between persons or corporations owning or holding oil and gas rights in state lands, when duly acknowledged by the parties thereto, may be filed for record and recorded in the state land office in the same manner and with the same force and effect as the instruments referred to in the foregoing sections.
History:
Laws 1925, ch. 68, § 3; C.S. 1929, § 132-503; 1941 Comp., § 8-1126; 1953 Comp., § 7-11-27.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-34 - [System of records; indexing; public inspection.]

The commissioner is authorized and directed to provide and install as soon as possible after the passage of this act [19-10-31 to 19-10-38 NMSA 1978] a full and complete system of records and books in his office for carrying out the provisions of this act and shall provide for the full and complete indexing of such records, and such records and indices shall be open for inspection by the public during the business hours of the office under such reasonable rules and regulations as may be prescribed by the commissioner.
History:
Laws 1925, ch. 68, § 4; C.S. 1929, § 132-504; 1941 Comp., § 8-1127; 1953 Comp., § 7-11-28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-35 - [Tract book system for oil and gas lands.]

The commissioner shall also install in his office as soon as practicable a tract book system for the mineral lands of the state on which any oil and gas rights have been granted by him which tract books shall be separate from the tract books pertaining to grazing rights or purchase contracts, and all instruments on file in his office pertaining to oil and gas rights shall be noted on such tract books in connection with the tract or tracts affected thereby, and such notations shall show the nature of the instrument, its date, the parties thereto, the date of filing and the book and page where recorded.
History:
Laws 1925, ch. 68, § 5; C.S. 1929, § 132-505; 1941 Comp., § 8-1128; 1953 Comp., § 7-11-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-36 - [Rules and regulations; protection of instruments and records.]

The commissioner is authorized to make, publish and enforce all necessary and reasonable rules and regulations for carrying out the purposes and provisions of this act [19-10-31 to 19-10-38 NMSA 1978] and shall take necessary precautions for the safekeeping and protection of the instruments and records referred to in this act.
History:
Laws 1925, ch. 68, § 6; C.S. 1929, § 132-506; 1941 Comp., § 8-1129; 1953 Comp., § 7-11-30.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-37 - [Filing and recording fees; disposition; expenses payable from maintenance fund.]

The commissioner shall prescribe adequate, reasonable and uniform fees to be charged for the filing and recording of instruments under the provisions hereof and all such fees shall be covered into the maintenance fund of his office; and all reasonable and necessary expenditures for carrying out the provisions of this act [19-10-31 to 19-10-38 NMSA 1978] shall be made from such maintenance fund and the same are hereby directed and authorized to be made.
History:
Laws 1925, ch. 68, § 7; C.S. 1929, § 132-507; 1941 Comp., § 8-1130; 1953 Comp., § 7-11-31.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For establishment of state lands maintenance fund,
see
19-1-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-38 - [Repeal and saving clause.]

All acts and parts of acts in conflict herewith are hereby repealed, and this act [19-10-31 to 19-10-38 NMSA 1978] shall apply to all instruments now on file in the state land office and which pertain to oil and gas rights in state lands, but nothing contained herein shall be construed to deprive any person or corporation of any valid and existing right acquired in good faith through compliance with or the operation of any law in effect prior to the passage of this act.
History:
Laws 1925, ch. 68, § 8; C.S. 1929, § 132-508; 1941 Comp., § 8-1131; 1953 Comp., § 7-11-32.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-39 - [Litigation involving lessee's oil and gas rights on land sold with reservation of oil and gas; suspense account for royalty payments.]

In any case where litigation has been instituted in the state courts of the state of New Mexico, or in the United States district court for the district of New Mexico, involving the right or title of the lessee under any oil and gas leases issued by the state of New Mexico on lands heretofore sold or contracted to be sold by the state of New Mexico, with a reservation of oil and gas to the state of New Mexico, where such litigation calls in question the right of the state of New Mexico to make any such lease or the ownership by the state of New Mexico of such oil and gas, the commissioner of public lands is authorized to place in a special suspense fund with the treasurer of the state of New Mexico, all moneys accruing to the state under the terms of any such lease from royalties.
History:
Laws 1931, ch. 17, § 1; 1941 Comp., § 8-1132; 1953 Comp., § 7-11-33.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-40 - [Litigants to show right to have royalties placed in suspense fund; determination of amount.]

The commissioner of public lands shall require the lessee or any party litigant in such litigation desiring to have such royalties placed in such suspense fund, to make such showing by affidavit or otherwise as the commissioner may require, that such litigation is pending and involves the question or questions referred to in Section 1 [19-10-39 NMSA 1978] hereof; and he shall require such lessee or any party litigant to furnish such information as may be necessary to determine the amount of royalties accruing from each and every tract of land involved in such litigation.
History:
Laws 1931, ch. 17, § 2; 1941 Comp., § 8-1133; 1953 Comp., § 7-11-34.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-41 - [Remitting moneys for oil and gas royalty suspense fund; investment of fund; disposition of investment income.]

The commissioner of public lands is directed to remit all such royalties to the state treasurer, with the proper memorandum of distribution of such funds attached thereto and such moneys shall be placed in a special suspense fund by the state treasurer, to be known as "the oil and gas royalty suspense fund," and such fund shall be segregated from all other funds in the hands of the state treasurer; all moneys of such fund shall from time to time be invested by the state treasurer in the same manner as the permanent school fund is now required to be invested or such funds may be placed on time deposit in qualified state depositories under the provisions of Chapter 92 of the Session Laws of 1929 [6-10-31, 6-10-32 NMSA 1978]. All income accruing from such investments or deposits shall likewise be held in said special suspense fund.
History:
Laws 1931, ch. 17, § 3; 1941 Comp., § 8-1134; 1953 Comp., § 7-11-35.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For statutory provisions regarding investment of permanent school fund and other permanent funds,
see
19-1-17 NMSA 1978 et seq.
For establishment of permanent school fund and investment of same,
see
N.M. Const., art. XII, §§ 2, 7.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-42 - [Distribution of suspense funds after litigation is completed.]

When the questions involved in the litigation referred to in Section 1 [19-10-39 NMSA 1978] hereof shall have been finally determined, the commissioner of public lands is directed to disburse said fund to the funds of the institutions or common schools lawfully entitled thereto, or, the persons, firms or corporations entitled to said royalties, as the final judgment of the court in such case or cases may require; and when making such distribution to the permanent trust funds of the state the commissioner of public lands shall treat and distribute the income from said fund in the same manner as income from other permanent funds and in all cases in distributing said income shall make an equitable distribution thereof as between the different funds or the parties who may be lawfully entitled to the same; provided, however, that in making said distribution, any permanent fund or party lawfully entitled to any part of the money so distributed may be given, in lieu of cash, any securities in which said fund may have been invested and any application made hereunder to have said royalty payments placed in said suspense fund shall be taken as indicating the consent of such applicant to all of the provisions of this act [19-10-39 to 19-10-44 NMSA 1978].
History:
Laws 1931, ch. 17, § 4; 1941 Comp., § 8-1135; 1953 Comp., § 7-11-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-43 - [Suit by state to determine rights.]

If the commissioner of public lands shall not be satisfied with the conduct or determination of any litigation between the lessee under any such oil and gas lease, and the purchaser of said lands from the state, he shall request the attorney general to bring such suit or suits in the name of the state as said commissioner may deem necessary and advisable for the complete and final determination of the questions involved.
History:
Laws 1931, ch. 17, § 5; 1941 Comp., § 8-1136; 1953 Comp., § 7-11-37.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-44 - [Intervention in pending litigation by attorney general.]

In event the attorney general of the state of New Mexico shall deem it for the best interests of the state of New Mexico to intervene in any pending litigation involving such questions, he is hereby specifically authorized to intervene therein in the name of the state of New Mexico, for the purpose of obtaining a final determination of any and all questions involved in such litigation.
History:
Laws 1931, ch. 17, § 6; 1941 Comp., § 8-1137; 1953 Comp., § 7-11-38.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-45 - Cooperative agreements for development or operation of oil and gas pools between lessees and others.

For the purpose of more properly conserving the oil and gas resources of the state, the commissioner of public lands may consent to and approve the development or operation of state lands under agreements made by lessees of state land jointly or severally with other lessees of state lands, with lessees of the United States or with others, including the consolidation or combination of two or more leases of state lands held by the same lessee. The agreements may provide for one or more of the following: for the cooperative or unit operation or development of part or all of any oil or gas pool, field or area; for reduction of gas-oil ratios; for repressuring or secondary recovery operations, or for the storing of gas regardless of where such gas is produced, including the use of wells on state lands as input wells; for the allocation of production and the sharing of proceeds from the whole or any specified part of the area covered by the agreement on an acreage or other basis, regardless of the particular tract from which production is obtained or proceeds are derived; for considering for all purposes the drilling or operation of a well on any part of the area included in the agreement, as being drilled or operated on each tract included in the agreement; for the payment of advance royalties in such sum or sums as shall be fixed by the commissioner; or for commingling of oil or gas from a well or wells or from one or more leases.
History:
1941 Comp., § 8-1138, enacted by Laws 1943, ch. 88, § 1; 1953 Comp., § 7-11-39; Laws 1961, ch. 176, § 1.
ANNOTATIONS
Cross references.
— For state participation in pooling and communitization agreements,
see
19-10-53 NMSA 1978.
For cooperative development or operation of geothermal resources lands,
see
19-13-14 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Secondary recovery of oil and gas, 19 A.L.R.4th 1182.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-46 - [Cooperative agreements; requisites for approval.]

No such agreement shall be consented to or approved by the commissioner unless he finds that:
A. such agreement will tend to promote the conservation of oil or gas and the better utilization of reservoir energy;
B. under the operations proposed the state and each beneficiary of the lands involved will receive its fair share of the recoverable oil or gas in place under its lands in the area affected; and
C. the agreement is in other respects for the best interests of the state.
History:
1941 Comp., § 8-1139, enacted by Laws 1943, ch. 88, § 2; 1953 Comp., § 7-11-40; Laws 1961, ch. 176, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-48 - [Effect of provisions on powers of oil conservation commission and commissioner of public lands.]

Nothing herein [19-10-45 to 19-10-48 NMSA 1978] contained shall be held to modify in any manner the power of the oil conservation commission under laws now existing or hereafter enacted with respect to the proration, and conservation of oil or gas and the prevention of waste, nor as limiting in any manner the power and the authority of the commissioner of public lands now existing or hereafter vested in him.
History:
1941 Comp., § 8-1141, enacted by Laws 1943, ch. 88, § 4; 1953 Comp., § 7-11-42.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Pursuant to Laws 1977, ch. 255, § 9, the oil conservation commission is absorbed by the energy and minerals department.
See also
Laws 1977, ch. 255, § 4, compiled as 9-5-4 NMSA 1978, for establishment of the oil conservation division of the energy and minerals department, and 70-2-4 NMSA 1978 et seq. for jurisdiction and authority of the commission and of the division.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-49 - [Validating act.]

That all oil and gas leases issued by the commissioner of public lands of the state of New Mexico prior to the effective date of this act [section], in substantial conformity with the statutes of the state, the terms of which have not expired and where all rentals have been paid thereunder and accepted by the commissioner of public lands, and such leases have not been canceled by the commissioner of public lands for nonperformance by the lessee or any assignee, are hereby declared to be valid and existing contracts with the state of New Mexico according to their terms and provisions, and the obligations of the state and of the commissioner to observe and conform to the terms and provisions thereof are hereby recognized.
History:
1941 Comp., § 8-1142, enacted by Laws 1947, ch. 36, § 1; 1953 Comp., § 7-11-43.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-50 - Oil, gas and mineral leases on state park lands.

The state park and recreation director has the right to authorize the commissioner of public lands to lease for oil and gas and other minerals any lands acquired by the state for state park or state recreational purposes upon such terms and conditions as may be prescribed by the state park and recreation director, where, in the discretion of the state park and recreation director, the leasing of such lands for oil and gas will not materially interfere with the use of such lands for state park or state recreational purposes or where it is deemed necessary or advisable and for the best interest of the state that such lands be leased for said purpose.
History:
1941 Comp., § 8-1143, enacted by Laws 1949, ch. 82, § 1; 1953 Comp., § 7-11-44; Laws 1977, ch. 254, § 42.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
38 Am. Jur. 2d Gas and Oil § 283.