reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-51 - Terms and conditions of leases on state park lands; disposition of rentals and royalties.

The commissioner of public lands has the right to lease for oil and gas and other minerals any lands acquired by the state for state park or state recreational purposes when authorized so to do by the state park and recreation director, the same to be leased upon such terms and conditions as may be prescribed by the state park and recreation director. All bonuses, rentals and royalties which may be collected under the terms of any such lease by the commissioner of public lands shall be placed to the credit of the state park and recreation fund.
History:
1941 Comp., § 8-1144, enacted by Laws 1949, ch. 82, § 2; 1953 Comp., § 7-11-45; Laws 1977, ch. 254, § 43.
ANNOTATIONS
Saving clauses.
— Laws 1949, ch. 82, § 3, declared all oil and gas or other mineral leases heretofore issued by either the state park commission (now the state parks division) or the commissioner of public lands embracing state lands acquired for state park or state recreational purposes where the terms of such leases have not expired and the lessees are not in default are to be valid and existing contracts with the state and recognizes the obligations of the state and of the commissioner to observe and conform to the terms thereof.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Gas and oil lease force majeure provisions: construction and effect, 46 A.L.R.4th 976.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-52 - [Drainage of state lands by oil or gas wells required to be offset; agreement to compensate state.]

In any case where it appears to the commissioner of public lands of the state of New Mexico that lands owned by the state of New Mexico are being drained by an oil or gas well required to be offset under the terms of any oil or gas lease issued by the commissioner of public lands, he is hereby authorized and empowered to enter into agreements whereby the state of New Mexico will be reasonably compensated for such drainage, such agreements to be made with the consent of the owners of the leases affected thereby. The fixed term (primary and secondary terms) of any lease on account of which the compensatory royalty is being paid shall be extended so long as such compensatory royalty agreement is in effect and if drilling operations upon such lease during the effective period of any such agreement result in the production of oil or gas, such lease shall be extended as long thereafter as oil or gas or either of them is being produced from the leased premises.
The nature of the agreement and the method of computing the amount of the compensatory royalty to be paid thereunder shall depend upon the conditions and circumstances involved in the particular case and shall be calculated to give to the state its fair share of the oil or gas being produced from the well or wells on account of which compensatory royalty is to be paid. The owners of any lease on account of which compensatory royalty is being paid shall be relieved of the offset obligation as to the well or wells for which compensatory royalty is being paid during the life of any such agreement.
History:
1941 Comp., § 8-1145, enacted by Laws 1951, ch. 175, § 1; 1953 Comp., § 7-11-46.
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 19-10-53 - [State participation in pooling and communitization agreements authorized.]

In the interest of conservation of oil and gas and the prevention of waste, the commissioner of public lands may consent to and approve the development or operation of state lands under agreements made by lessees of oil and gas leases thereon, jointly or severally with other oil and gas lessees of state lands or with oil and gas lessees of the United States or oil and gas lessees or mineral owners of privately owned or fee lands or oil and gas lessees of tribal or allotted Indian lands for the purpose of pooling or communitizing such lands to form a proration unit or portion thereof or well spacing unit pursuant to any order, rule or regulation of the New Mexico oil conservation commission where such agreement provides for the allocation of the production of oil or gas from such pooled or communitized area on an acreage or other basis found by the commissioner to be fair and equitable, and when such agreement is so approved, the drilling or operation of a well on any part of the area included in such agreement shall be considered as being drilled or operated on each tract included in such agreement, and the production of oil or gas in paying quantities from any part of such pooled or communitized area shall, for all purposes, be considered the same as if such production had been obtained upon each tract or separate lease included in such agreement. Upon approval of any such agreement, the lease or leases covering state lands committed thereto shall thereupon be amended to conform to such agreement.
History:
1953 Comp., § 7-11-47, enacted by Laws 1955, ch. 259, § 1.
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 was 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.
Cross references.
— For cooperative agreements for development or operation of oil and gas pools between lessees and others,
see
19-10-45 to 19-10-48 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-54 - [Existing pooling and communitization agreements confirmed and validated; segregation of leases in accordance with prior agreement.]

In all cases where the commissioner of public lands has heretofore approved agreements made by oil and gas lessees of state lands with other oil and gas lessees of state lands or with oil and gas lessees of the United States or with lessees or mineral owners of fee or privately owned lands or oil and gas lessees of tribal or allotted Indian lands for the purpose of forming a proration unit or portion thereof, or well spacing unit in conformity with any order, rule or regulation of the New Mexico oil conservation commission, or for the purpose of forming a cooperative or unit agreement in the interest of conservation and the prevention of waste of oil and gas, and where all rentals have been paid in accordance with the terms of such leases embracing state lands and have been accepted by the commissioner of public lands and such leases have not been canceled for nonperformance by the lessee or any assignee of the terms or conditions thereof or any of the terms or conditions of such pooling, communitization, cooperative or unit agreement, and have been recognized by the commissioner of public lands as being in good standing, such leases are hereby declared to be valid and existing contracts with the state of New Mexico according to their terms and provisions and the obligation of the state and of the commissioner of public lands to observe and conform to the terms and provisions thereof, are hereby recognized and such leases and the approval of such pooling, communitization, cooperative or unit agreements are hereby validated and such leases shall continue in full force and effect according to their terms and conditions as modified, extended or amended by such pooling, communitization, cooperative or unit agreements as to all of the lands embraced in each such lease; provided, however, in any case where a cooperative or unit agreement heretofore approved by the commissioner of public lands contains a provision segregating any lease committed to such agreement as to lands within and without the cooperative or unit area so as to constitute separate leases as to such portions of said lands, such lease shall be segregated according to the provisions of the cooperative or unit agreement.
History:
1953 Comp., § 7-11-48, enacted by Laws 1955, ch. 259, § 2.
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 was 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 19-10-55 - [Validation of oil and gas leases.]

All oil and gas leases issued by the commissioner of public lands prior to the effective date of this section are declared to be valid and existing contracts with the state according to their terms and provisions where:
A. made in substantial conformity with law;
B. the terms have not expired;
C. all rentals have been paid and accepted by the commissioner of public lands; and
D. the leases have not been canceled by the commissioner of public lands for nonperformance by the lessee or any assignee.
The obligations of the state and the commissioner to observe and conform to the terms and provisions of these leases are recognized. Any suit or action to reinstate any lease heretofore canceled or expired by order or decision of the commissioner of public lands shall be brought within sixty days from the effective date of this section or be waived.
History:
1953 Comp., § 7-11-49, enacted by Laws 1957, ch. 113, § 1; 1959, ch. 40, § 1.
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 19-10-56 - Reports and remittance of state royalty; rules and regulations prescribed by commissioner.

Any person obligated to pay royalties pursuant to a producing oil and gas lease issued by the commissioner shall make reports and remittance of state oil and gas royalty through the oil and natural gas administration and revenue database system pursuant to rules and regulations of the commissioner.
History:
1953 Comp., § 7-11-50, enacted by Laws 1959, ch. 51, § 1; 1977, ch. 249, § 14; 1994, ch. 102, § 2.
ANNOTATIONS
The 1994 amendment,
effective May 18, 1994, deleted "Of Public Lands; Amendment of State Oil and Gas Leases" following "Commissioner" in the section heading, and rewrote the section, which read "Any owner of a producing oil and gas lease heretofore or hereafter issued by the commissioner of public lands and maintained in good standing according to the terms and conditions thereof and all applicable statutes and regulations may, in accordance with rules and regulations to be prescribed by the commissioner of public lands make reports and remittance of state oil and gas royalty through the oil and gas accounting division of the taxation and revenue department."
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-57 - Rules; regulations; notice; hearing.

Before any rule or regulation concerning reporting and remittance of oil and gas royalty shall be adopted by the commissioner of public lands a public hearing shall be held. Notice of such hearing shall be mailed at least fifteen days prior to date set for the hearing to every oil and gas operator or purchaser as disclosed by the records of the commissioner of public lands. Such notice shall specify time and place of the hearing and briefly state the general nature of the rules and regulations to be considered. Such notice shall also be published once in a newspaper of general circulation in Santa Fe county at least fifteen days before such hearing.
The inadvertent failure of the commissioner of public lands to mail a notice to an operator or purchaser or the failure of an operator or purchaser to receive such notice shall not affect the validity of any rule of [or] regulation adopted.
History:
1953 Comp., § 7-11-51, enacted by Laws 1959, ch. 51, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For publication of legal notice,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-58 - Rules; regulations; record; filing with supreme court librarian.

All rules and regulations concerning reporting and remittance of oil and gas royalty adopted by the commissioner of public lands shall be entered in full in a record book to be kept for such purpose by the commissioner of public lands. Such rules and regulations shall be filed with the librarian of the New Mexico supreme court library [supreme court law library] in accordance with the provisions of Sections 4-10-13 through 4-10-19 [repealed] inclusive NMSA 1953 or as they may be amended. Such rules and regulations shall also be published and made available to any interested person.
History:
1953 Comp., § 7-11-52, enacted by Laws 1959, ch. 51, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1963, ch. 27, § 1 provided that the name of the supreme court library was changed to supreme court law library.
See
18-1-1 NMSA 1978.
Sections 4-10-13 through 4-10-19, 1953 Comp., were repealed by Laws 1967, ch. 275, § 13. Section 14-4-9 NMSA 1978 provided that where a law requires filing of a rule, etc., with the librarian of the supreme court law library, such filing shall be accomplished by complying with the State Rules Act (Chapter 14, Article 4 NMSA 1978).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-59 - Reporting and rendition forms to be adopted by rule or regulation.

All reporting and royalty rendition forms required by the commissioner of public lands shall be adopted by appropriate rule or regulation.
History:
1953 Comp., § 7-11-53, enacted by Laws 1959, ch. 51, § 4.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-60 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 102, § 3 repealed 19-10-60 NMSA, as amended by Laws 1977, ch. 249, § 15, relating to the transfer of state royalties to the commissioner of public lands, effective May 18, 1994. For provisions of former section,
see
the 1993 NMSA 1978 on
NMOneSource.com.
.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-61 - [Sale or exchange of royalty gas taken in kind.]

The commissioner of public lands shall have the authority to negotiate and enter into agreements for the sale or exchange of royalty gas taken in kind under oil and gas leases issued by the state. Provided, however, he shall not dispose of said gas for a net consideration of less than that being received at the time of exercising the option. In selling or exchanging the gas, the commissioner of public lands shall be entitled to use the lessee's gathering, processing and compression facilities provided that reasonable compensation is made to the lessee for such use.
History:
1953 Comp., § 7-11-54.1, enacted by Laws 1972, ch. 70, § 3.
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 19-10-62 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 102, § 3 repealed 19-10-62 NMSA 1978 as amended by Laws 1977, ch. 249, § 16, relating to the contracting by the commissioner of public lands for oil and gas royalty accounting services, effective May 18, 1994. For provisions of former section,
see
the 1993 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-63 - [Validation of oil and gas leases; 1967 act.]

All oil and gas leases issued by the commissioner of public lands prior to the effective date of this act [section] are declared to be valid and existing contracts with the state according to their terms and provisions where:
A. made in substantial conformity with law;
B. the terms have not expired;
C. all rentals have been paid and accepted by the commissioner of public lands; and
D. the leases have not been canceled by the commissioner of public lands for nonperformance by the lessee or any assignee.
The obligations of the state and the commissioner to observe and conform to the terms and provisions of these leases are recognized.
History:
1953 Comp., § 7-11-56, enacted by Laws 1967, ch. 13, § 1.
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 19-10-64 - [Royalties paid in oil; sale of;] purpose of act.

The purpose of this act [19-10-64 to 19-10-70 NMSA 1978] is to assist small business enterprise within the state by encouraging the establishment and operation of petroleum refineries not having an adequate supply of refinery charge stocks through granting a preference to such petroleum refineries in the sale of state royalty oil accruing from public land oil and gas leases.
History:
1953 Comp., § 7-11-57, enacted by Laws 1967, ch. 34, § 1.
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 19-10-65 - Definitions.

As used in Sections 19-10-64 through 19-10-70 NMSA 1978:
A. "refinery charge stocks" means crude oils, petroleum or gas condensates and blends thereof and all other products charged or chargeable to petroleum refinery facilities;
B. "royalty oil" means crude oil, liquid petroleum products, condensates from wells or lease plants or a mixture thereof; and
C. "small business" means a concern owning a refinery located in New Mexico that obtains more than seventy percent of its New Mexico refinery input of crude oil from producers which do not control, are not controlled by and are not under common control with such concern and that does not refine more than one hundred thousand barrels per day of crude oil at owned or leased facilities located in New Mexico.
History:
1953 Comp., § 7-11-58, enacted by Laws 1967, ch. 34, § 2; 1981, ch. 105, § 1; 1991, ch. 4, § 1.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, in Subsection C, substituted "one hundred thousand barrels" for "fifty thousand barrels" and made minor stylistic changes.
Independent refinery.
— A petroleum producer, refiner and marketer, which was the subsidiary of a corporation concerned chiefly with wholesaling and retailing liquid petroleum gas on the East Coast, was nevertheless an independently owned and operated refinery within the meaning of this section; the indicia of separateness considerably outweighed those of sameness of identity. 1973 Op. Att'y Gen. No. 73-50.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-66 - Payment of royalties of the state in oil on demand.

All royalties accruing to the state under any oil or gas lease or permit under Sections 19-10-1 to 19-10-62 [repealed] NMSA 1978, shall be paid in royalty oil on demand of the commissioner of public lands.
History:
1953 Comp., § 7-11-59, enacted by Laws 1967, ch. 34, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1994, ch. 102, § 3 repealed 19-10-62 NMSA 1978, effective May 18, 1994.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10 - Lease of Oil and Gas Lands › Section 19-10-68 - Application for preference in sale of royalty oil; requirements.

A petroleum refinery within the state unable to purchase in the open market at prevailing prices an adequate supply of refinery charge stocks of a quality to meet the needs of its existing petroleum refinery capacity may file an application and supporting documents with the oil conservation commission. Such application shall be filed in triplicate and must be accompanied by a detailed statement containing the following information:
A. the full name and address of the applicant; the location of the petroleum refinery; a complete disclosure of applicant's affiliation or association with any other petroleum refiner of oil if such relationship exists; and reasons for believing that applicant is entitled to a preference under this act [19-10-64 to 19-10-70 NMSA 1978], including a full showing of efforts made to purchase refinery charge stocks in the open market;
B. the capacity of the refinery to be supplied and the amount, source and grade of all refinery charge stocks currently available to the applicant petroleum refiner by purchase; and
C. the minimum amount and grade of additional refinery charge stocks needed to meet existing refinery commitments or existing refinery capacity, the field or fields which the petroleum refiner believes offer a potential source of refinery charge stocks supply because of proximity to its refinery and the available transportation facilities which the refiner proposes to utilize.
History:
1953 Comp., § 7-11-61, enacted by Laws 1967, ch. 34, § 5.
ANNOTATIONS
Compiler's notes.
— Pursuant to Laws 1977, ch. 255, § 9, the oil conservation commission was 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 19-10-69 - Grant of preference based upon application.

The oil conservation commission shall examine each application from petroleum refineries within the state requesting a preference and where it finds that the showing submitted is inadequate or unsatisfactory, it shall so notify the applicant and shall require such additional showing as it deems necessary. Upon being satisfied that the applicant is a bona fide small business enterprise operating an oil refinery in this state within the intent of this act [19-10-64 to 19-10-70 NMSA 1978], the oil conservation commission shall notify the commissioner of public lands in writing that the applicant is eligible to be granted a preference under this act, for the purchase of royalty oil.
History:
1953 Comp., § 7-11-62, enacted by Laws 1967, ch. 34, § 6.
ANNOTATIONS
Compiler's notes.
— Pursuant to Laws 1977, ch. 255, § 9, the oil conservation commission was 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 19-10-70 - Advertising for bids; priority of bidders; award of oil.

A. Where the commissioner of public lands elects to offer royalty oil for sale, the royalty oil will be advertised for sale in designated newspapers or periodicals of general circulation in the state in accordance with regulations to be promulgated by the commissioner. The notice will set the day and hour on which sealed bids will be received in the office of the commissioner of public lands, and will contain the terms and conditions of sale. The notice will be published at the expense of the state.
B. Bids may be submitted regardless of whether or not a preference is asserted pursuant to the preceding section [19-10-69 NMSA 1978] of this act. Where such preference is asserted, bids must be accompanied by the showing required in the application under this act [19-10-64 to 19-10-70 NMSA 1978]. Bidders asserting a preference and found properly entitled thereto will receive priority over bidders who have no preference where the bids are made for the same royalty oil.
C. The commissioner of public lands shall consider all bids submitted and shall award the oil as follows:
(1) where none of the bidders for the same royalty oil is properly entitled to a preference, the royalty oil will be awarded to the qualified bidder offering the highest price therefor in accordance with the specifications governing the sale;
(2) where two or more bidders for the same royalty oil are properly entitled to a preference, the oil will be awarded to the preferred bidder offering the highest price therefor in accordance with the specifications governing the sale; and
(3) where two or more identical bids are received for the same royalty oil from bidders properly entitled to a preference, the commissioner reserves the right to prorate the royalty oil among the bidders in such amounts as he may deem equitable, or if it is not practicable to prorate the royalty oil, to award it to one of such bidders by public drawing after notice to the bidders who submitted the identical bids.
D. In connection with the sale of royalty oil under this act, the commissioner of public lands reserves the right to reject all bids and sell the oil or any portion thereof at private sale to any petroleum refinery entitled to a preference at not less than the market price whenever in his judgment the spirit and intent of this act will be subserved thereby.
History:
1953 Comp., § 7-11-63, enacted by Laws 1967, ch. 34, § 7.
ANNOTATIONS
Cross references.
— For publication of legal notice,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10A - Carbon Dioxide Act › Section 19-10A-2 - Carbon dioxide taken in kind.

The purpose of the State Carbon Dioxide Act [19-10A-1 to 19-10A-7 NMSA 1978] is to assist New Mexico industries, specifically including but not limited to producers of crude oil in obtaining carbon dioxide for enhanced recovery of oil and to assist New Mexico refineries in obtaining a supply of refinery charge stocks for the operation of their refineries.
History:
Laws 1981, ch. 108, § 2.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10A - Carbon Dioxide Act › Section 19-10A-3 - Definitions.

As used in the State Carbon Dioxide Act [19-10A-1 to 19-10A-7 NMSA 1978]:
A. "gas or carbon dioxide" means carbon dioxide whether in a gaseous or liquid form;
B. "producer" means a person producing crude oil in New Mexico who:
(1) is a participant in a carbon dioxide project for enhanced recovery of crude oil and related hydrocarbons from a reservoir in New Mexico; and
(2) does not own or control a source of carbon dioxide which is sufficient to supply the carbon dioxide for the enhanced recovery project;
C. "refiner" means a person who owns a petroleum refinery located in New Mexico; and
D. "state carbon dioxide" means carbon dioxide which the commissioner of public lands may take in kind as royalty under a lease issued by the state or carbon dioxide which the commissioner of public lands has the right to purchase under leases issued pursuant to Sections 19-10-3 and 19-10-4 NMSA 1978.
History:
Laws 1981, ch. 108, § 3.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10A - Carbon Dioxide Act › Section 19-10A-4 - Sale of state royalty carbon dioxide and carbon dioxide upon which commissioner has call.

The commissioner of public lands may offer from time to time, for such period as he may determine, by competitive bidding, upon notice and advertisement on sealed bids, a portion or all of the state carbon dioxide. The advertisement and sale shall reserve to the commissioner of public lands the right to reject all bids whenever in his judgment the interest of the state demands. In cases where no satisfactory bid is received or where the commissioner of public lands shall determine that it is not in the best interests of the state lands trust or of the public to accept the offer of the highest bidder, the commissioner of public lands, within his discretion, may readvertise the state carbon dioxide for sale, sell it at a private sale at not less than the market price for such period or accept the cash value thereof from the lessee. The interests of the state lands trust and its beneficiaries shall be accorded primacy in the sale or disposition of the carbon dioxide hereunder. Should any provision of the carbon dioxide royalty law conflict with this section, this section shall prevail.
History:
Laws 1981, ch. 108, § 4.
ANNOTATIONS
Cross references.
— For sale of state royalty oil,
see
19-10-67 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10A - Carbon Dioxide Act › Section 19-10A-5 - Application for preference producer or refiner.

A. A producer who wants to qualify for a preference shall submit an application to the oil conservation division. This application shall contain:
(1) the name and address of the producer;
(2) the location of the project for which the producer seeks the state carbon dioxide;
(3) a description, including ownership, of all lands which are to be included within the project for which the carbon dioxide is sought;
(4) a description of the enhanced recovery project in sufficient detail to demonstrate the feasibility of the project and the need for the carbon dioxide; and
(5) such other information as the commissioner of public lands may by regulation require.
B. A refiner who wants to qualify for a preference shall submit an application to the oil conservation division. The application shall contain:
(1) the name and address of the refiner;
(2) the location of the project for which the refiner seeks the carbon dioxide;
(3) proof that the purchase of the state carbon dioxide will enable the refiner to obtain crude oil from the enhanced recovery project for refinery charge stocks for a New Mexico refinery; and
(4) such other information as the commissioner of public lands may by regulation require.
History:
Laws 1981, ch. 108, § 5.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10A - Carbon Dioxide Act › Section 19-10A-6 - Grant of preference based upon application.

The oil conservation division shall examine each application for certification as a preference producer or refiner. If the oil conservation division finds that the applicant is a bona fide refiner or producer and has satisfied the requirements of the preceding sections of the State Carbon Dioxide Act [19-10A-1 to 19-10A-7 NMSA 1978]; that the enhanced recovery project for which the carbon dioxide proposed to be used is feasible; and that the applicant qualifies for the purchase of state carbon dioxide, it shall notify the commissioner of public lands in writing that the applicant is eligible to be granted a preference for the purchase of state carbon dioxide.
History:
Laws 1981, ch. 108, § 6.
ANNOTATIONS
Cross references.
— For grant of preference in sale of royalty oil,
see
19-10-69 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10A - Carbon Dioxide Act › Section 19-10A-7 - Advertising for bids; priority of bidders; award of carbon dioxide.

A. Where the commissioner of public lands elects to offer state carbon dioxide for sale, the carbon dioxide will be advertised for sale in designated newspapers or periodicals of general circulation in the state in accordance with regulations to be promulgated by the commissioner. The notice will set the day and hour on which sealed bids will be received in the office of the commissioner of public lands and will contain the terms and conditions of the sale. The notice will be published at the expense of the state.
B. Bids may be submitted regardless of whether or not a preference is asserted. Where the preference is asserted, bids must be accompanied by the order of the oil conservation division which states that the person claiming the preference is a producer or a refiner.
C. The commissioner of public lands shall, in an open meeting, consider all bids submitted and shall award the carbon dioxide as follows:
(1) where none of the bidders for the same state carbon dioxide is properly entitled to a preference, the carbon dioxide will be awarded to the qualified bidder offering the highest price therefor in accordance with the specifications governing the sale;
(2) where one or more bidders for the same state carbon dioxide are properly entitled to a preference, and their bids are within a percentage of the high bid, such percentage to be set by the commissioner, the qualified preference bidders will be allowed to submit additional bids and the carbon dioxide will be awarded to the preferred bidder offering the highest price equal to or better than the highest price offered in the advertised bids therefor in accordance with the specifications governing the sale; and
(3) where two or more identical additional bids are received for the same carbon dioxide from bidders properly entitled to a preference, the commissioner reserves the right to prorate the carbon dioxide among the bidders in such amounts as he may deem equitable. The commissioner shall in prorating the carbon dioxide take into consideration the state lands affected by the enhanced recovery project and the increase in the production of crude oil from the state lands which could be caused by the enhanced recovery project.
History:
Laws 1981, ch. 108, § 7.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10B - Ongard System Development › Section 19-10B-1 - Short title.

Sections 1 through 8 [19-10B-1 to 19-10B-8 NMSA 1978] of this act may be cited as the "ONGARD System Development Act".
History:
Laws 1990, ch. 127, § 1.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10B - Ongard System Development › Section 19-10B-2 - Findings and purpose.

A. The legislature finds that a new oil and gas data base system will substantially increase revenues from state trust lands with resulting benefits to the trust beneficiaries and that funding the development of a new system with income from state trust lands constitutes a necessary and vital expense of the commissioner of public lands in the control and administration of the state trust lands and is a prudent and permitted use of trust income. The legislature further finds that a new oil and gas data base system will also increase severance tax revenues and that investment of the severance tax permanent fund in revenue bonds issued by the commissioner of public lands to finance the development of the new system is a prudent investment by the state.
B. The purpose of the ONGARD Systems [System] Development Act [19-10B-1 to 19-10B-8 NMSA 1978] is to provide for the development of an oil and gas data base system that will assure that the state is receiving the oil and gas tax and royalty revenue to which it is entitled, that the appropriate calculations are based on proper volumes and values and that correct amounts are remitted and accurately accounted for.
History:
Laws 1990, ch. 127, § 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 10B - Ongard System Development › Section 19-10B-3 - Definitions.

As used in the ONGARD System Development Act [19-10B-1 to 19-10B-8 NMSA 1978]:
A. "ONGARD system" means the oil and natural gas administration and revenue data base, a computerized data base system which collects, processes, analyzes and reports all oil and gas data received by the state; and
B. "state trust lands" means those lands described in Article 13, Section 1 of the constitution of New Mexico.
History:
Laws 1990, ch. 127, § 3.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10B - Ongard System Development › Section 19-10B-4 - ONGARD system development.

The commissioner of public lands shall design, develop, acquire and implement an ONGARD system that relies on the latest capabilities of relational data base technology and that provides automated support to the constitutionally and legislatively mandated responsibilities of the commissioner of public lands, the taxation and revenue department, the energy, minerals and natural resources department and other agencies requiring such information, including but not limited to: the administration and management of the process of tax and royalty collection and distribution, allowable gas and oil production calculation and leasing activities.
History:
Laws 1990, ch. 127, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10B - Ongard System Development › Section 19-10B-5 - Commissioner of public lands; authorization to issue revenue bonds.

A. In order to provide funds for the design, development, acquisition and implementation of the ONGARD system, the commissioner of public lands is authorized to issue revenue bonds, in a principal amount not to exceed eighteen million dollars ($18,000,000), payable solely from that part of the income derived from state trust lands that is required by law to be deposited in the state lands maintenance fund and from certain revenues generated by the ONGARD system.
B. The bonds shall have a maturity of no more than twenty years from the date of issuance. The commissioner of public lands shall determine all other terms, covenants and conditions of the bonds subject to the approval of the state board of finance.
C. The bonds shall be executed with the manual or facsimile signature of the commissioner of public lands and countersigned by the state treasurer, with the seal of the commissioner of public lands imprinted or otherwise affixed to the bonds.
D. Proceeds from the sale of the bonds shall be placed in a special fund created within the state treasury. The fund and the earnings of the fund are appropriated to the commissioner of public lands for the design, development, acquisition and implementation of the ONGARD system and may also be used to pay expenses incurred in the preparation, issuance and sale of the bonds. Any balance remaining in the fund after the ONGARD system has been fully implemented shall be used to retire the bonds or, if the bonds have been fully retired, shall be deposited into the state lands maintenance fund.
E. The bonds may be sold only at a private sale and only to the state investment officer or to the state treasurer.
F. This section is full authority for the issuance and sale of the bonds, and the bonds shall not be invalid for any irregularity or defect in the proceedings for their issuance and sale and shall be incontestable in the hands of bona fide purchasers or holders of the bonds for value.
G. An amount of money in the state lands maintenance fund sufficient to pay the principal of and interest on the bonds as they become due in each year shall be set aside, and is hereby pledged, for the payment of the principal of and interest on the bonds.
H. The bonds shall be payable by the state treasurer who shall keep a complete record relating to the payment of the bonds.
History:
Laws 1990, ch. 127, § 5.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10B - Ongard System Development › Section 19-10B-6 - ONGARD system; sales; licenses.

Any software or other property developed pursuant to the provisions of the ONGARD System Development Act [19-10B-1 to 19-10B-8 NMSA 1978] shall be owned by the commissioner of public lands. The commissioner of public lands is authorized to enter into sales agreements, licensing arrangements and other business relationships with other state agencies within New Mexico and with other public and private entities for the purpose of marketing the property. Any sale proceeds, licensing fees, royalties or other revenue arising from such relationships shall be used to retire the bonds or, if the bonds have been fully retired, shall be deposited into the state lands maintenance fund.
History:
Laws 1990, ch. 127, § 6.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10B - Ongard System Development › Section 19-10B-7 - Joint powers agreement.

The commissioner of public lands, the taxation and revenue department, the energy, minerals and natural resources department and any other agency that utilizes the system shall enter into a joint powers agreement for the purpose of cooperating in the joint design, development, acquisition and implementation of the ONGARD system. The agreement shall provide either for the sharing of costs incurred to develop the system or for the payment to the commissioner of public lands by the taxation and revenue department, the energy, minerals and natural resources department or other agencies for the use of those portions of the ONGARD system that are utilized by those agencies. Any such payments received by the commissioner of public lands shall be used to retire the bonds or, if the bonds have been fully retired, shall be deposited into the state lands maintenance fund.
History:
Laws 1990, ch. 127, § 7.
ANNOTATIONS
Cross references.
— For commissioner of public lands,
see
19-1-1 NMSA 1978.
For energy, minerals, and natural resources department,
see
9-5A-1 NMSA 1978 et seq.
For taxation and revenue department,
see
9-11-1 NMSA 1978 et seq.
For Joint Powers Agreement Act,
see
11-1-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 10B - Ongard System Development › Section 19-10B-8 - Oversight.

A. No less than twice each year until the ONGARD system is fully implemented, the commissioner of public lands, the secretary of taxation and revenue, the secretary of energy, minerals and natural resources and the chief administrative officer of any other user agency shall appear before the legislative finance committee for the purpose of presenting a status report on the ONGARD system. The status report shall describe the progress and expenditures to date and shall detail the progress made toward retiring the bonds. In addition, each year until the bonds are fully retired, the commissioner of public lands shall submit a written report to the legislative finance committee describing the progress made toward bond retirement.
B. Until the bonds are fully retired, at each meeting held with the state land trusts advisory board and the administrative head or designee of the beneficiary institutions, as required by Section 19-1-1.4 NMSA 1978, the commissioner of public lands shall report on the status of the ONGARD system, the effects of the system on the revenues received by the beneficiary institutions and the progress made toward retiring the bonds. In addition, prior to each appearance before the legislative finance committee pursuant to Subsection A of this section, the commissioner shall inform the administrative head of each beneficiary institution.
History:
Laws 1990, ch. 127, § 8.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 11 - Timberlands › Section 19-11-1 - [Care and protection; rules and regulations; forestry standards.]

That the commissioner of public lands shall have authority, and it shall be his duty, to care for the timber and the timber products upon the state lands, under such rules and regulations as he may prescribe, [and] said rules and regulations shall provide for the practice of forestry according to standards that will protect the timber and timber products and also protect the watersheds of the state.
History:
Laws 1921, ch. 84, § 2; 1923, ch. 101, § 2; C.S. 1929, § 132-165; 1941 Comp., § 8-1201; 1953 Comp., § 7-12-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Constitutionality of reforestation or forest conservation legislation, 13 A.L.R.2d 1095.
73A C.J.S. Public Lands §§ 13 to 16.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 11 - Timberlands › Section 19-11-2 - [Fire prevention and watershed protection; agreement with federal or private agencies.]

In order to carry out the provisions of this act [19-11-1, 19-11-2 NMSA 1978], as well as for cooperative forest fire prevention and watershed protection, the commissioner of public lands is hereby authorized to enter into agreements with federal or private agencies.
History:
Laws 1921, ch. 84, § 3; C.S. 1929, § 132-173; 1941 Comp., § 8-1202; 1953 Comp., § 7-12-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Constitutionality of reforestation or forest conservation legislation, 13 A.L.R.2d 1095.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 11 - Timberlands › Section 19-11-3 - Sale of timber lands.

That on application therefor, the commissioner of public lands shall sell timber lands and the timber thereon, upon such terms and conditions as other state lands are now sold, except as hereinafter expressly provided. The minimum price for such lands exclusive of the timber products east of the range line between ranges 18 and 19 east, shall be five ($5.00) dollars per acre, and west of the range line between range 18 and 19 east, shall be three ($3.00) dollars per acre. Not more than five sections thereof shall be sold in any one block. Before executing any contract of sale, the commissioner shall, in the event of sale on deferred payment plan or deed in the event of sale for cash, require the purchaser to subscribe and swear to an affidavit in writing that the purchase is made in good faith solely for the benefit of such purchaser and not for any other person, and false swearing to any such affidavit shall be perjury and punishable as such under the laws of the state and shall render such contract or deed void.
The timber on such lands before any such sale shall be cruised and classified as to its kind and character and appraised according to its stumpage market value, and the minimum price for such timber shall be two dollars ($2.00) dollars per thousand feet for saw timber, provided that the minimum price for white fir (balsam) shall not be less than one ($1.00) [dollar] per thousand feet, board measure.
History:
Laws 1923, ch. 101, § 3; C.S. 1929, § 132-166; Laws 1935, ch. 105, § 1; 1941 Comp., § 8-1203; 1953 Comp., § 7-12-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For false swearing in application for lease or purchase of state lands, or appraisement of same,
see
19-7-7 NMSA 1978.
For perjury in general,
see
30-25-1, 30-25-2 NMSA 1978.
Intent of section.
— Laws 1935, ch. 105, § 1, effectively limits timberland sales to small tracts, thus making it possible for interested persons with small means to compete fairly with the capitalist, but there was no intention in this enactment to require that the lands embraced in one sale be contiguous. 1952 Op. Att'y Gen. No. 52-5614.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Statute of frauds: sale or contract for sale of standing timber as within provisions of statute of frauds respecting sale or contract of sale of real property, 7 A.L.R.2d 517.
Description: sufficiency of description in standing timber deed or contract, 35 A.L.R.2d 1422.
Size and kind of trees contemplated by contract, 72 A.L.R.2d 727.
Construction of standing timber contract providing that trees to be cut and order of cutting shall be as selected by seller, 79 A.L.R.2d 1243.
73A C.J.S. Public Lands § 50.