reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 69 - Mines › Article 26 - Mines Other Than Coal - Registration and Statistical Information › Section 69-26-3 - Request for information.

The mine operator shall at any time, upon written request, furnish any reasonable information or data desired by the director of the mining and minerals division of the energy, minerals and natural resources department.
History:
Laws 1933, ch. 153, § 193; 1941 Comp., § 67-1903; 1953 Comp., § 63-19-3; Laws 1989, ch. 193, § 16.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, added the section heading, deleted "the mine inspector's" preceding "written request", and substituted "director of the mining and minerals division of the energy, minerals and natural resources department" for "mine inspector".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 274 et seq.
58 C.J.S. Mines and Minerals § 237.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 27 - General Duties of Operators and Employees in Other Than Coal Mines › Section 69-27-1 - [Safety measures required of operators.]

Every mine employer shall furnish such employment and such place of employment as shall be reasonably safe for the employees therein, and shall furnish and use safety devices and safeguards, adopt and use methods and processes reasonably adequate to render such employment and place of employment safe and shall do every other thing reasonably necessary to protect the life, health, safety and welfare of such employees.
History:
Laws 1933, ch. 153, § 194; 1941 Comp., § 67-2001; 1953 Comp., § 63-20-1.
ANNOTATIONS
Cross references.
— For provision that certain indemnity agreements void,
see
56-7-2 NMSA 1978.
Safety statute not applicable to delinquency regarding safety practices.
— When workman (worker) has been killed or injured, delinquency of employer with respect to specific safety practices required by statute (as opposed to safety devices) does not subject employer to imposition of penalty award under safety statute (52-1-10 NMSA 1978) because safety statute does not so provide.
Montoya v. Kennecott Copper Corp.
, 1956-NMSC-062, 61 N.M. 268, 299 P.2d 84.
Requirement of safe place to work is not "safety device"
within meaning of 52-1-10 NMSA 1978.
Montoya v. Kennecott Copper Corp.
, 1956-NMSC-062, 61 N.M. 268, 299 P.2d 84.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals §§ 328, 329, 335, 336, 337, 338, 339, 349 et seq., 357 et seq., 362 et seq.
Dangerous places discovered in examination of mine, master's duty as to marking, 15 A.L.R. 1480.
58 C.J.S. Mines and Minerals § 229.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 27 - General Duties of Operators and Employees in Other Than Coal Mines › Section 69-27-2 - [Presence of official with complete authority required.]

The mine operator shall at all times during the operation of the mine have a person on the ground with authority over all branches and phases of the operation of the mine during the time he is on duty. Provided, however, that nothing herein contained shall prevent the owner or operator from personally having such charge of the mine, provided he can qualify under all other provisions of this act.
History:
Laws 1933, ch. 153, § 195; 1941 Comp., § 67-2002; 1953 Comp., § 63-20-2.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to Laws 1933, ch. 153, the provisions of which are presently compiled as 69-4-1 to 69-4-10, 69-5-2, 69-5-7, 69-5-9 to 69-5-18, 69-6-1, 69-6-2, 69-11-1 to 69-11-3, 69-12-1 to 69-12-7, 69-13-1 to 69-13-3, 69-14-1 to 69-14-17, 69-15-1 to 69-15-15, 69-16-1 to 69-16-7, 69-17-1 to 69-17-10, 69-18-1 to 69-18-14, 69-19-1 to 69-19-19, 69-20-1 to 69-20-21, 69-21-1 to 69-21-6, 69-22-1 to 69-22-6, 69-23-1 to 69-23-19, 69-24-1 to 69-24-14, 69-26-1 to 69-26-3, 69-27-1 to 69-27-7, 69-28-1 to 69-28-9, 69-28-11 to 69-28-14, 69-29-1 to 69-29-7, 69-30-1 to 69-30-9, 69-31-1 to 69-31-13, 69-31-16, 69-32-1 to 69-32-3, 69-32-5 to 69-32-21, 69-33-1 to 69-33-8, 69-34-1 to 69-34-12 and 69-35-1 to 69-35-20 NMSA 1978.
When several mines owned by one company are in operation,
there must be a person of authority in charge at each mine at all times during any phase or branch of the mine operation. 1963 Op. Att'y Gen. No. 63-69.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 328.
58 C.J.S. Mines and Minerals § 236.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 27 - General Duties of Operators and Employees in Other Than Coal Mines › Section 69-27-3 - Mine abandonment; precautions.

Upon abandonment of a mine and thereafter, the owner or operator must effectively close or fence off all surface openings down which persons could fall or through which persons could enter. Upon or near all those safeguards, trespass warnings and appropriate danger notices shall be posted. The director of the mining and minerals division of the energy, minerals and natural resources department may bring an action in district court to compel the safeguarding of an abandoned mine. In the event of immediate danger to public health and safety, the director of the mining and minerals division may take all action necessary to safeguard the abandoned mine and recover reasonable costs for such work from the owner of the mine.
History:
Laws 1933, ch. 153, § 196; 1941 Comp., § 67-2003; 1953 Comp., § 63-20-3; Laws 1989, ch. 193, § 17.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, added the section heading, inserted "and thereafter" in the first sentence, made minor stylistic changes in the second sentence, and added the last two sentences.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of landowner for injury or death of adult falling down unhoused mine shaft or the like, 46 A.L.R.2d 1069.
Duty and liability as to plugging oil or gas well abandoned or taken out of production, 50 A.L.R.3d 240.
58 C.J.S. Mines and Minerals § 231.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 27 - General Duties of Operators and Employees in Other Than Coal Mines › Section 69-27-4 - [Gas or other serious condition; operator to report promptly to mine inspector.]

The operator shall report promptly to the mine inspector by telegraph or telephone the occurrence in and about the mines of serious outbursts of gas or other serious conditions threatening to cause the loss of lives.
History:
Laws 1933, ch. 153, § 197; 1941 Comp., § 67-2004; 1953 Comp., § 63-20-4.
ANNOTATIONS
Compiler's notes.
— The N.M. Const., art. XVII, § 1, provided for the position of state mine inspector, whose duties shall be prescribed by law.
See
Chapter 69, Article 5 NMSA 1978.
For state inspector duties and status,
see
69-1-6 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 274 et seq.
58 C.J.S. Mines and Minerals § 237.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 27 - General Duties of Operators and Employees in Other Than Coal Mines › Section 69-27-5 - [Operator's report of compensable mine accidents; contents.]

A report in writing shall be made to the mine inspector of each compensable mine accident. Such reports shall give the name, age and occupation of the injured person, the date of accident, name and location of mine, the cause of accident, actual work being performed when injured, nature or result of injury, probable length of disability; this report shall be made within one month of the date of injury.
History:
Laws 1933, ch. 153, § 198; 1941 Comp., § 67-2005; 1953 Comp., § 63-20-5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals §§ 261 et seq., 274 et seq., 390 et seq., 419.
58 C.J.S. Mines and Minerals §§ 229, 237.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 27 - General Duties of Operators and Employees in Other Than Coal Mines › Section 69-27-6 - [Safety devices and orders; employees' duty.]

No mine employee or other person shall remove, displace, damage, destroy, carry off or fail to use any safety device, safeguard notice or warning provided for use in any mine employment or place of mine employment, or interfere in any way with the use thereof by any other person, or interfere with the use of any method or process adopted for the protection of any mine employee, in such employment or place of employment, or fail or neglect to follow and obey safety orders promulgated by the mine operator or the mine inspector, and to do every other thing reasonably necessary to protect the life, health, safety and welfare of employees, including himself.
History:
Laws 1933, ch. 153, § 199; 1941 Comp., § 67-2006; 1953 Comp., § 63-20-6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals §§ 261 et seq., 274 et seq.
58 C.J.S. Mines and Minerals §§ 229, 236.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 27 - General Duties of Operators and Employees in Other Than Coal Mines › Section 69-27-7 - [Misdemeanors, punishment; intoxicants, damage to equipment, violation of danger signs and unauthorized travel prohibited.]

Any employee violating the provisions of Section 199 of Article 34 [69-27-6 NMSA 1978] shall be deemed guilty of a misdemeanor punishable by fine or imprisonment or both as set forth in another section of this act. No miner or other person shall carry into a mine intoxicating liquors or alcoholic beverages or enter the mine under the influence of intoxicating liquor; he shall not destroy any part of the machinery or equipment of the mine; no unauthorized person shall enter any part of the mine against a danger sign nor travel any haulageway in a mine where a manway is provided.
History:
Laws 1933, ch. 153, § 200; 1941 Comp., § 67-2007; 1953 Comp., § 63-20-7.
ANNOTATIONS
Compiler's notes.
— For meaning of "this act",
see
69-27-2 NMSA 1978 and notes thereto.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 C.J.S. Mines and Minerals § 241.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 28 - Safety and Fire Regulations in Other Than Coal Mines (Repealed.) › Section 69-28-1 to 69-28-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-28-1 to 69-28-14 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 206, 207, and 215, relating to safety and fire regulations in other than coal mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 29 - Ladderways in Other Than Coal Mines (Repealed.) › Section 69-29-1 to 69-29-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-29-1 to 69-29-7 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 216 and 218 to 222, relating to ladderways in other than coal mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 30 - Underground Haulage for Mines Other Than Coal (Repealed.) › Section 69-30-1 to 69-30-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-30-1 to 69-30-9 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 224 and 226 to 231, relating to underground haulage for mines other than coal, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 31 - Hoisting Equipment in Mines Other Than Coal (Repealed.) › Section 69-31-1 to 69-31-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-31-1 to 69-31-15 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 239 and 244, relating to hoisting equipment in mines other than coal, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 31 - Hoisting Equipment in Mines Other Than Coal (Repealed.) › Section 69-31-16 - Repealed.

History:
Laws 1933, ch. 153, § 245; 1941 Comp., § 67-2414; 1953 Comp., § 63-24-14; Laws 1955, ch. 211, § 1; 1973, ch. 218, § 70; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-31-16 NMSA 1978, as enacted by Laws 1933, ch. 153, § 1, relating to hoist engineer qualifications, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 32 - Explosives for Mines Other Than Coal (Repealed.) › Section 69-32-1 to 69-32-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-32-1 to 69-32-21 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 246 to 250, 255, 256, 258, 259, 261, and 263 to 265 and Laws 1975, ch. 63, § 1, relating to explosives for mines other than coal, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 33 - Ventilation of Gases in Mines Other Than Coal (Repealed.) › Section 69-33-1 to 69-33-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-33-1 to 69-33-8 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 267, 268, 270, and 273, relating to ventilation of gases in mines other than coal, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 34 - Electrical Equipment in Mines Other Than Coal (Repealed.) › Section 69-34-1 to 69-34-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-34-1 to 69-34-12 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 275, 278 to 280, 282, 284, and 285, relating to electrical equipment in mines other than coal, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 35 - General Regulatory Provisions in Mines Other Than Coal (Repealed.) › Section 69-35-1 to 69-35-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-35-1 to 69-35-17 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 288, 290 to 300, and 305, relating to general safety provisions in mines other than coal, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 35 - General Regulatory Provisions in Mines Other Than Coal (Repealed.) › Section 69-35-18 - Repealed.

History:
Laws 1933, ch. 153, § 303; 1941 Comp., § 67-2818; 1953 Comp., § 63-28-18; Laws 1973, ch. 218, § 84; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-35-18 NMSA 1978, as enacted by Laws 1933, ch. 153, § 1, relating to inexperienced workers, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 35 - General Regulatory Provisions in Mines Other Than Coal (Repealed.) › Section 69-35-19 - Repealed.

History:
Laws 1933, ch. 153, § 304; 1941 Comp., § 67-2819; 1953 Comp., § 63-28-19; Laws 1973, ch. 218, § 85; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-35-19 NMSA 1978, as enacted by Laws 1933, ch. 153, § 1, relating to first aid training, equipment and supplies, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 35 - General Regulatory Provisions in Mines Other Than Coal (Repealed.) › Section 69-35-20 - Repealed.

History:
Laws 1933, ch. 153, § 305; 1941 Comp., § 7-2820; 1953 Comp., § 63-28-20; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-35-20 NMSA 1978, as enacted by Laws 1933, ch. 153, § 1, relating to first aid equipment and supplies, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-1 - Short title.

Chapter 69, Article 36 NMSA 1978 may be cited as the "New Mexico Mining Act".
History:
Laws 1993, ch. 315, § 1; 2014, ch. 32, § 1.
ANNOTATIONS
Cross references.
— For regulation of lands affected by coal surface mining,
see
Chapter 69, Article 25A NMSA 1978.
The 2014 amendment,
effective March 7, 2014, added the NMSA chapter and article for the New Mexico Mining Act; and at the beginning of the sentence, changed "This Act" to "Chapter 69, Article 36 NMSA 1978".
County regulatory authority not preempted.
— A county ordinance containing permit requirements for mines was not expressly or completely preempted by the New Mexico Mining Act or the adoption of regulations thereunder and, to the extent its ordinance did not conflict with the act or the regulations, the county could require compliance therewith.
San Pedro Mining Corp. v. Board of Cnty. Comm'rs
, 1996-NMCA-002, 121 N.M. 194, 909 P.2d 754, cert. denied, 121 N.M. 57, 908 P.2d 750.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-4 - Interim program; limitations.

A. Nothing in the New Mexico Mining Act shall supersede current or future requirements and standards of any other applicable federal or state law.
B. After the effective date of the New Mexico Mining Act and until the commission adopts regulations necessary to carry out the provisions of the New Mexico Mining Act, county mining laws or ordinances shall apply to mining within their jurisdictions in New Mexico.
History:
Laws 1993, ch. 315, § 4.
ANNOTATIONS
Compiler's notes.
— The effective date of the New Mexico Mining Act, was the effective date of Laws 1993, ch. 315, which was June 18, 1993.
County regulatory authority not preempted.
— A county ordinance containing permit requirements for mines was not expressly or completely preempted by the New Mexico Mining Act or the adoption of regulations thereunder and, to the extent its ordinance did not conflict with the Act or the regulations, the county could require compliance therewith.
San Pedro Mining Corp. v. Board of Cnty. Comm'rs
, 1996-NMCA-002, 121 N.M. 194, 909 P.2d 754, cert. denied, 121 N.M. 57, 908 P.2d 750.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-8 - Regulations; adoption process.

A. No regulation shall be adopted, amended or repealed without a public hearing before the commission or a hearing officer appointed by the commission.
B. Any person may recommend or propose regulations to the commission for adoption, amendment or repeal. The commission shall determine within sixty days of submission of a proposed regulation whether to hold a hearing. If the commission determines not to hold a hearing, the determination shall be subject to review under Section 16 [69-36-16 NMSA 1978] of the New Mexico Mining Act.
C. The public hearing shall be held in Santa Fe, and a verbatim record shall be maintained of all proceedings. Notice of the subject, time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed regulation or amendment may be obtained shall be:
(1) published at least thirty days prior to the hearing date in a newspaper of general circulation in the state and in the New Mexico register, if published; and
(2) mailed at least thirty days prior to the hearing date to all persons who have made a written request to the commission for advance notice of hearings.
D. The commission shall allow all interested persons a reasonable opportunity to submit arguments and to examine witnesses testifying at the hearing.
E. A person appearing or represented at the hearing shall, upon a written request, be given written notice of the commission's action on the proposed adoption, amendment or repeal of regulation.
F. No regulation, its amendment or repeal shall be effective except as provided by the Public Records Act [Chapter 14, Article 3 NMSA 1978].
History:
Laws 1993, ch. 315, § 8.
ANNOTATIONS
Cross references.
— For regulation of lands affected by coal surface mining,
see
Chapter 69, Article 25A NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-9 - Director; duties.

The director shall:
A. exercise all powers of enforcement and administration arising under the New Mexico Mining Act not otherwise expressly delegated to the commission, execute and administer the commission's regulations and coordinate the review and issuance of permits for new and existing mining operations and exploration with all other state or federal permit processes applicable to the proposed operations;
B. enter into agreements with appropriate federal and state agencies for coordinating the review and issuance of all necessary permits to conduct new and existing mining operations and exploration in New Mexico;
C. create an advisory committee, the membership of which shall balance the interests of affected government entities, the mining industry, environmental groups, regulatory agencies and other persons as determined by the director to represent a constituency that will be affected by the provisions of the New Mexico Mining Act;
D. confer and cooperate with the secretary of environment in administering the New Mexico Mining Act, in developing proposed regulations and obtain the concurrence of the secretary of environment regarding areas of the regulations that have an impact upon programs administered by the department of environment;
E. approve a permit area and design limits for new and existing mining operations and exploration following submission of the site assessment, where applicable and prior to issuing a permit. The director shall incorporate the permit area and design limits into the permit issued;
F. review at least twelve months of baseline data and other information submitted by the applicant for a permit for a new mining operation, before the permit is approved or denied; and
G. prepare an environmental evaluation, before a permit for a new mining operation is approved or denied, which shall include an analysis of the reasonably foreseeable impacts of proposed activities on the premining and post-mining environment and the local community, including other past, present and reasonably foreseeable future actions, regardless of the agency or persons that undertake the other action or whether the actions are on private, state or federal land. The director may contract with, and the applicant shall pay for, a third party to prepare the analysis and assessment.
History:
Laws 1993, ch. 315, § 9.
ANNOTATIONS
Temporary provisions.
— Laws 2014, ch. 32, § 3 provided that on or before January 13, 2015, the director of the mining and minerals division of the energy, minerals and natural resources department shall propose amendments to the New Mexico Mining Act rules to address the frequency for the intervals at which permittees under that act can request release of their financial assurances.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-10 - Confidentiality.

If the operator designates as confidential an exploration map, financial information, information concerning the grade or location of ore reserves or trade secret information, the director shall maintain the information as confidential and not subject to public records or disclosure laws; provided that if a request is made for public review of the information, the director shall notify the operator and provide a reasonable opportunity for substantiation of the claim that public disclosure of the information could harm the competitive position of the operator. If the claim of confidentiality is not substantiated to the satisfaction of the director, the information shall be released.
History:
Laws 1993, ch. 315, § 10.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-11 - Existing mining operations; closeout plan required.

A. An owner or operator of an existing mining operation shall submit a permit application to the director by December 31, 1994. The permit application shall contain all information required by regulation of the commission, including a proposed compliance schedule for submission of a closeout plan within the shortest time practicable. The director shall approve or deny the permit application within six months after it has been deemed complete.
B. The owner or operator of an existing mining operation shall submit a closeout plan in accordance with the compliance schedule in the permit. The compliance schedule in the permit shall require submission of a closeout plan by December 31, 1995 unless the operator shows good cause for a further extension of time. The director shall approve a modification of a permit for an existing mining operation incorporating a closeout plan or portion of a closeout plan if:
(1) the closeout plan and permit application is complete;
(2) the closeout plan permit fee has been paid and the financial assurance is adequate and has been provided;
(3) the closeout plan specifies incremental work to be done within specific time frames that, if followed, will reclaim the physical environment of the permit area to a condition that allows for the reestablishment of a self-sustaining ecosystem on the permit area following closure, appropriate for the life zone of the surrounding areas unless conflicting with the approved post-mining land use; provided that for purposes of this section, upon a showing that achieving a post-mining land use or self-sustaining ecosystem is not technically or economically feasible or is environmentally unsound, the director may waive the requirement to achieve a self-sustaining ecosystem or post-mining land use for an open pit or waste unit if measures will be taken to ensure that the open pit or waste unit will meet all applicable federal and state laws, regulations and standards for air, surfacewater and ground water protection following closure and will not pose a current or future hazard to public health or safety; and
(4) the secretary of environment has provided a written determination in the form prescribed in Paragraph (2) of Subsection P of Section 7 [69-36-7 NMSA 1978] of the New Mexico Mining Act.
C. An approval granted pursuant to this section may be revoked or suspended by order of the director for violation of a provision of the approved closeout plan or permit for the existing mining operation, an approval condition, a regulation of the commission or a provision of the New Mexico Mining Act.
History:
Laws 1993, ch. 315, § 11.
ANNOTATIONS
Cross references.
— For regulation of lands affected by coal surface mining,
see
Chapter 69, Article 25A NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-12 - New mining operations; mining operation permit required.

A. After the effective date of the New Mexico Mining Act, except as provided in Section 5 [69-36-5 NMSA 1978] of that act, no person shall conduct a new mining operation without a permit issued by the director. Applications for permits for new mining operations operating pursuant to Section 5 of the New Mexico Mining Act shall be received by the director by December 31, 1995. The director may grant one extension for the submission of a permit application for a new mining operation for six months for good cause shown. Prior to receiving a permit for a new mining operation, an applicant shall submit an application that complies with the New Mexico Mining Act and regulation of the commission, including at a minimum, one year of baseline data as required by regulation.
B. The director shall issue the permit for a new mining operation if the director finds that:
(1) the permit application is complete;
(2) the permit application fee has been paid and the financial assurance is adequate and has been provided;
(3) reclamation in accordance with the proposed reclamation plan is economically and technically feasible;
(4) the mining operation is designed to meet without perpetual care all applicable environmental requirements imposed by the New Mexico Mining Act and regulations adopted pursuant to that act and other laws following closure; and
(5) the applicant, the operator or owner or any persons or entities directly controlled by the applicant, operator, owner or any persons or entities that directly control the applicant, operator or owner:
(a) are not currently in violation of the terms of another permit issued by the division or in violation of any substantial environmental law or substantive environmental regulation at a mining operation in the United States, which violation is unabated and is not the subject of appeal, and have not forfeited or had forfeited financial assurance required for any mining, reclamation or exploration permit in the United States; provided that a violation that occurred prior to the initiation of a legal relationship between the permit applicant and the violator shall not be considered for purposes of this paragraph; and
(b) have not demonstrated a pattern of willful violations of the New Mexico Mining Act or other New Mexico environmental statutes; provided that a violation that occurred prior to the initiation of a legal relationship between the permit applicant and the violator shall not be considered for purposes of this paragraph.
C. The permit for a new mining operation may be revoked or suspended by order of the director for violation of its terms or conditions, a regulation of the commission or a provision of the New Mexico Mining Act.
History:
Laws 1993, ch. 315, § 12.
ANNOTATIONS
Cross references.
— For regulation of lands affected by coal surface mining,
see
Chapter 69, Article 25A NMSA 1978.
Compiler's notes.
— The effective date of the New Mexico Mining Act, was the effective date of Laws 1993, ch. 315, which was June 18, 1993.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-15 - Administrative review.

A. Any order, penalty assessment or issuance or denial of a permit by the director pursuant to the New Mexico Mining Act shall become final unless a person who is or may be adversely affected by the order, penalty assessment or issuance or denial of a permit files, within sixty days from the date of notice of the order, penalty assessment or issuance or denial of a permit, a written petition to the commission for review of the order, penalty assessment or issuance or denial of a permit by the director.
B. The commission shall set a hearing no sooner than thirty days and no later than sixty days from the date of receipt of the petition.
C. Evidence in support of, or to challenge, the action of the director shall be heard by the commission or by a hearing officer appointed by the commission.
D. A verbatim record of the hearing shall be made and preserved by the commission or the hearing officer.
E. A recommendation based on the record shall be made by the hearing officer and presented to the commission. The commission shall issue findings of fact and a final decision in the proceedings.
F. The chairman of the commission may issue subpoenas to compel attendance of witnesses and for documents relevant to the action to be heard before the commission. The Rules of Civil Procedure for the District Courts shall govern discovery procedures in commission hearings.
History:
Laws 1993, ch. 315, § 15.
ANNOTATIONS
Administrative review.
— A challenge to the issuance of a permit must pursue an administrative review under this section before proceeding with a "citizen suit" under 69-36-14 NMSA 1978.
Pueblo of Picuris v. N.M. Energy, Minerals & Natural Res. Dep't
, 2001-NMCA-084, 131 N.M. 166, 33 P.3d 916, cert. denied, 131 N.M. 221, 34 P.3d 610 (2002).
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-16 - Judicial review.

A. A person who is or may be affected by a rule of the commission may appeal the action of the commission by filing a notice of appeal with the court of appeals within thirty days from the filing date of the rule with the state records center. All appeals of rules shall be taken on the record made at the public hearing on the rule.
B. A party, intervenor or any other person upon a showing of good cause for not appearing at the public hearing on a rule may appeal a decision of the commission adopting, amending or repealing the rule by filing a written notice of appeal with the court of appeals within forty-five days after entry of the commission's decision. Copies of the notice of appeal shall be served at the time of filing, either personally or by certified mail, upon all parties to the proceeding before the commission.
C. A person who is or may be affected by a final action of the commission other than a rule may appeal the action of the commission by filing a notice of appeal with the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1993, ch. 315, § 16; 1998, ch. 55, § 84; 1999, ch. 265, § 86.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
For scope of review of the district court,
see
Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection C.
The 1998 amendment,
effective September 1, 1998, substituted "rule" for "regulation" and "rules" for "regulations" throughout the section; rewrote Subsection C; deleted former Subsections D through F relating to procedures on appeal; and made minor stylistic changes throughout the section.
Authority of court of appeals.
— Even though the commission had taken no action against miners under the challenged regulations, the court of appeals had the power and authority to review the regulations.
Old Abe Co. v. N.M. Mining Comm'n
, 1995-NMCA-134, 121 N.M. 83, 908 P.2d 776, 120 N.M. 828, 907 P.2d 1009.
The court of appeals was without authority to review the constitutionality of the New Mexico Mining Act (69-36-1 to 69-36-20 NMSA 1978) in the case of an appeal challenging regulations on their face.
Old Abe Co. v. N.M. Mining Comm'n
, 1995-NMCA-134, 121 N.M. 83, 908 P.2d 776, 120 N.M. 828, 907 P.2d 1009.
Discretion of commission.
— New Mexico mining commission acted within its discretion in ruling that the El Cajete mine was a new mining unit of the Las Conchas mine, rather than a new mining operation; the mines were owned by the same mining company and were substantially interrelated.
Rio Grande Chapter of Sierra Club v. N.M. Mining Comm'n
, 2003-NMSC-005, 133 N.M. 97, 61 P.3d 806.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-17 - Civil penalties.

A. Civil penalties may be assessed by the director or the commission for violations of the New Mexico Mining Act, including a violation of a regulation of the commission, an order of the director, a permit condition and the order resulting from a hearing.
B. Civil penalties assessed by the director or the commission shall be imposed pursuant to regulations adopted by the commission. Any penalty assessed shall not exceed ten thousand dollars ($10,000) per day of noncompliance for each violation.
C. Circumstances to be considered by the commission or the director in determining the amount of the penalty to be assessed shall be the seriousness of the violation, efforts to comply with the requirements of the New Mexico Mining Act, recent history of violations and other relevant factors as determined by the commission and regulations adopted by the commission.
D. Any penalty imposed by the director may be appealed to the commission, and any order of the commission concerning a penalty may be appealed de novo to the district court within thirty days from issuance of the order imposing the penalty.
History:
Laws 1993, ch. 315, § 17.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-18 - Criminal penalties.

A. Any person who knowingly or willfully violates the New Mexico Mining Act, regulations adopted by the commission or a condition of a permit issued pursuant to the New Mexico Mining Act or fails or refuses to comply with a final decision or order of the commission or the director is guilty of a misdemeanor and is subject to a fine not to exceed ten thousand dollars ($10,000) per day of violation or imprisonment of up to one year, or both.
B. Cases seeking criminal penalties shall be brought in the district court in Santa Fe.
C. Circumstances to be considered by the district court in determining the sentence shall be the seriousness of the violation, the efforts taken to comply with the requirements of the New Mexico Mining Act and the recent history of violations of the defendant.
History:
Laws 1993, ch. 315, § 18.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 36 - Mining › Section 69-36-20 - Remedy.

Nothing in the New Mexico Mining Act shall limit any right that any person or class of persons may have pursuant to any statute or common law to seek enforcement of the New Mexico Mining Act and the regulations adopted pursuant to that act, or to seek any other relief.
History:
Laws 1993, ch. 315, § 20.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 1 - Assignments and Leases › Section 70-1-2 - [Effect of recording or failure to record.]

Such records shall be notice to all persons of the existence and contents of such assignments and other instruments so recorded from the time of filing the same for record, and no assignment or other instrument of transfer affecting the title to such royalties not recorded as herein provided shall affect the title or right to such royalties of any purchaser or transferee in good faith, without knowledge of the existence of such unrecorded instrument.
History:
Laws 1927, ch. 76, § 2; C.S. 1929, § 97-502; 1941 Comp., § 69-102; 1953 Comp., § 65-2-2.
ANNOTATIONS
Constructive notice of prior assignment of federal leases.
— Plaintiff was an innocent purchaser for value, under 14-9-1 to 14-9-3 NMSA 1978, of oil and gas lease interests since the records at federal land office did not constitute constructive notice to purchaser of a prior assignment; rather, to constitute such notice, 70-1-1 NMSA 1978 et seq., requires assignments of interests and royalties in federal oil and gas leases to be recorded in the appropriate county clerk's office.
Bolack v. Underwood
, 340 F.2d 816 (10th Cir. 1965).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gas and Oil § 20.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 1 - Assignments and Leases › Section 70-1-3 - [Forfeiture of oil, gas or mineral lease; release from record.]

Whenever any oil, gas or other mineral lease heretofore or hereafter executed shall become forfeited, it shall be the duty of the lessee, his, or its heirs, executors, administrators, successors or assigns, within thirty days from the date this act [70-1-3 to 70-1-5 NMSA 1978] shall take effect, if the forfeiture occurred prior thereto, and within thirty days from the date of the forfeiture of any and all other leases, to have such lease released from record in the county where the leased land is situated, without cost to the owner thereof.
History:
Laws 1925, ch. 118, § 1; C.S. 1929, § 97-301; 1941 Comp., § 69-103; 1953 Comp., § 65-2-3.
ANNOTATIONS
Proof of substantial damage from undrilled tract.
— Irrespective of standard of duty which should be imposed upon lessee of two oil and gas leaseholds when he has drilled one leasehold, or which remedies are available to the lessor, there must first be proof of substantial drainage from undrilled tract, and where there was substantial evidence to support trial court's finding that little or no drainage had occurred, that finding would not be overturned on appeal.
Cone v. Amoco Prod. Co.
, 1975-NMSC-007, 87 N.M. 294, 532 P.2d 590.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gas and Oil § 212; 53A Am. Jur. 2d Mines and Minerals §§ 226, 228.
Surrender clause as affecting validity of oil or gas lease, 3 A.L.R. 378.
Commencement of development within fixed term as extending term of oil and gas lease, 67 A.L.R. 526.
Acceptance of rents or royalties under oil and gas lease as waiver of forfeiture for breach of covenant or condition regarding drilling of wells, 80 A.L.R. 461.
Lessor's acceptance of royalty under gas and oil lease after lease has expired as precluding him from insisting upon expiration, 113 A.L.R. 396.
Mistake, accident, inadvertence, etc., as ground for relief from termination or forfeiture of oil and gas lease for failure to complete well or commence drilling, 5 A.L.R.2d 993.
Relief against forfeiture of lease for nonpayment of rent, 31 A.L.R.2d 321.
Rights of parties to oil and gas lease or royalty deed after expiration of fixed term where production temporarily ceases, 100 A.L.R.2d 885.
Gas and oil lease force majeure provisions: construction and effect, 46 A.L.R.4th 976.
58 C.J.S. Mines and Minerals §§ 173, 184, 205.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 1 - Assignments and Leases › Section 70-1-4 - [Failure to execute release; action to obtain release; damages; attachment.]

Should the owner of such lease neglect or refuse to execute a release as provided by this act [70-1-3 to 70-1-5 NMSA 1978], then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and he may also recover in such action of the lessee, his, or its heirs, executors, administrators, successors or assigns, the sum of one hundred dollars ($100.00) as damages, and all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit, and he may also recover any additional damages that the evidence in the case will warrant. In all such actions, writs of attachment may issue as in other cases.
History:
Laws 1925, ch. 118, § 2; C.S. 1929, § 97-302; 1941 Comp., § 69-104; 1953 Comp., § 65-2-4.
ANNOTATIONS
Cross references.
— For attachment,
see
42-9-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 1 - Assignments and Leases › Section 70-1-5 - [Demand for release must precede action.]

At least twenty days before bringing the action provided for in this act [70-1-3 to 70-1-5 NMSA 1978], the owner of the leased land, either by himself or by his agent or attorney, shall demand of the holder of the lease (if such demand by ordinary diligence can be made in this state) that said lease be released of record. Such demand may be either written or oral. When written, a letterpress or carbon or written copy thereof, when shown to be such, may be used as evidence in any court with the same force and effect as the original.
History:
Laws 1925, ch. 118, § 3; C.S. 1929, § 97-303; 1941 Comp., § 69-105; 1953 Comp., § 65-2-5.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-1 - Short title.

Chapter 70, Article 2 NMSA 1978 may be cited as the "Oil and Gas Act".
History:
1953 Comp., § 65-3-1.1, enacted by Laws 1977, ch. 237, § 1; 1989, ch. 130, § 13.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "Chapter 70, Article 2 NMSA 1978" for "Sections 65-3-1.1 through 65-3-31 and 65-3-35 and 65-3-36 NMSA 1953".
Law reviews.
— For article, " 'New Mexican Nationalism' and the Evolution of Energy Policy in New Mexico," see 17 Nat. Res. J. 283 (1977).
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-5 - Oil conservation division; director; state petroleum engineer.

A. The director of the oil conservation division of the energy, minerals and natural resources department shall be known as the "state petroleum engineer".
B. The director shall be appointed by the secretary of energy, minerals and natural resources and shall:
(1) be a resident of this state; and
(2) be registered by the state board of registration for professional engineers and land surveyors as a petroleum engineer; or
(3) by virtue of education and experience have expertise in the field of petroleum engineering.
History:
1953 Comp., § 65-3-4.1, enacted by Laws 1977, ch. 255, § 40; 1987, ch. 234, § 59.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, in Subsection A, inserted "of the energy, minerals and natural resources department" following "the director of the oil conservation division" and, in Subsection B substituted "energy, minerals and natural resources" for "the energy and minerals department".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gas and Oil § 148.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 2 - Oil Conservation Commission; Division; › Section 70-2-7 - Rules of procedure in hearings; manner of giving notice; record of rules, regulations and orders.

The oil conservation division of the energy, minerals and natural resources department shall prescribe by rule its rules of order or procedure in hearings or other proceedings before it under the Oil and Gas Act [this article].
History:
Laws 1935, ch. 72, § 5; 1941 Comp., § 69-206; Laws 1949, ch. 168, § 5; 1953 Comp., § 65-3-6; Laws 1977, ch. 255, § 42; 1987, ch. 234, § 60.
ANNOTATIONS
Cross references.
— For State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
For publication of notice,
see
14-11-1 NMSA 1978 et seq.
For service of summons in civil actions,
see
Rule 1-004 NMRA.
The 1987 amendment,
effective July 1, 1987, rewrote this section to the extent that a detailed comparison is impracticable.
Notice of proceedings.
— Commission's order increasing spacing requirements for deep wildcat gas wells in certain areas of the state was invalid as to individual holders of working interests and operating rights affected thereby because the holders were not afforded reasonable notice of the proceedings as required by the New Mexico Oil and Gas Act and its implementing regulations.
Johnson v. N.M. Oil Conservation Comm'n
, 1999-NMSC-021, 127 N.M. 120, 978 P.2d 327.
Oil well spacing increase application.
— A proceeding on an oil and gas estate lessee's application for an increase in oil well spacing was adjudicatory, and the lessor was entitled to actual notice under the due process requirements of the New Mexico and United States constitutions.
Uhden v. N.M. Oil Conservation Comm'n
, 1991-NMSC-089, 112 N.M. 528, 817 P.2d 721.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 294 et seq.
73A C.J.S. Public Administrative Law and Procedures §§ 134, 135.