reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 11 - Timberlands › Section 19-11-4 - [Deferment of payment because of fire prevention assistance; failure to observe protective regulations; forfeiture; payment required before timber cut.]

The commissioner of public lands shall be authorized to defer the payment, without interest, for a period not to exceed three years for the timber upon any tracts so sold upon condition that the said purchaser shall lend his best effort, aid and assistance in the suppression of forest fires in the community of said land purchased and that he also complies with whatsoever rules and regulations the commissioner of public land [lands] may adopt with reference to the general protection of the timbered lands of the state; and that upon his failure to comply with the same the commissioner shall have power to declare his contract to purchase forfeited, and in which event all money paid thereon shall be forfeited to the state; that the title to such timber sold on said tracts shall be vested and remain in the state until the same is paid for and no timber shall be cut by such purchaser or his assigns until the money therefor has been paid to the commissioner of public lands.
History:
Laws 1923, ch. 101, § 4; C.S. 1929, § 132-167; 1941 Comp., § 8-1204; 1953 Comp., § 7-12-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For cancellation of lease or contract to purchase state lands due to fraud or mistake,
see
19-7-8 NMSA 1978.
For forfeiture of contract for failure to comply with terms thereof,
see
19-7-19 NMSA 1978.
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 § 184.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 11 - Timberlands › Section 19-11-5 - [Sales prohibited; exceptions.]

No timber or timbered lands of the state shall be sold except as provided in Sections 3 and 4 [19-11-3, 19-11-4 NMSA 1978] of this act or Section 19-11-10 NMSA 1978.
History:
Laws 1923, ch. 101, § 5; C.S. 1929, § 132-168; 1941 Comp., § 8-1205; 1953 Comp., § 7-12-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 11 - Timberlands › Section 19-11-6 - [Cutting certain timber for purchaser's own consumption.]

Any purchaser of timbered lands, under the provisions of this act [19-11-1 to 19-11-9 NMSA 1978], shall be permitted to cut sufficient pinon and juniper for his own consumption only.
History:
Laws 1923, ch. 101, § 6; C.S. 1929, § 132-169; 1941 Comp., § 8-1206; 1953 Comp., § 7-12-6.
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 11 - Timberlands › Section 19-11-7 - [Covenant to conserve and protect young timber and timber products; use of land for agricultural purposes.]

All land sold under the provisions of this act [19-11-1, 19-11-3 to 19-11-9 NMSA 1978] shall be so sold with the proviso and a covenant running therewith, that the purchaser or purchasers thereof shall encourage, protect and conserve the growing of young timber and timber products thereon, such as are particularly adapted to the said lands; provided, however, that any part of such lands sold that are suited for agricultural purposes may be used for that purpose.
History:
Laws 1923, ch. 101, § 7; C.S. 1929, § 132-170; 1941 Comp., § 8-1207; 1953 Comp., § 7-12-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For restrictions and regulations concerning cutting of timber,
see
68-1-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 11 - Timberlands › Section 19-11-9 - [Purchaser of timber leasing additional grazing lands; conditions.]

Any purchaser of timbered lands under the provisions of this act [19-11-1 to 19-11-9 NMSA 1978] shall be privileged to lease additional state timbered lands for grazing purposes, but in which event the granting of said lease, by the state, shall be conditioned upon the lessee's compliance with the rules and regulations adopted by the commissioner of public lands, for the general protection of timber and timber products on said leased land, or other state timbered lands adjacent thereto.
History:
Laws 1923, ch. 101, § 9; C.S. 1929, § 132-172; 1941 Comp., § 8-1209; 1953 Comp., § 7-12-9.
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 11 - Timberlands › Section 19-11-10 - Timber; sale of [down, large growth and matured timber]

The commissioner of public lands may sell the down, large growth and matured timber on any state lands in the manner and after the notice provided by law governing sales of state lands. The sale of any such timber shall not be construed as a sale of the land on which the same is situated. No growing of matured timber less than twelve inches in diameter inside of bark, three feet from the butt, shall be sold. Provided, that timber not less than nine inches in diameter, inside of bark, three feet from the butt, may be sold for railroad ties, mine props or fence posts.
All sales of timber shall be on the stumpage basis. No down, large growth and matured timber, except such as is fit only for firewood, shall be sold at less than two dollars ($2.00) per thousand feet, board measure, provided that the minimum price for white fir (balsam) shall be not less than one dollar ($1.00) per thousand feet, board measure.
History:
Laws 1912, ch. 82, § 65; Code 1915, § 5243; C.S. 1929, § 132-177; Laws 1935, ch. 106, § 1; 1941 Comp., § 8-1210; 1953 Comp., § 7-12-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73A C.J.S. Public Lands §§ 13 to 16.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 12 - Land Office Building › Section 19-12-1 - Short title.

This act [19-12-1 to 19-12-13 except 19-12-7.1 NMSA 1978] may be cited as the "Land Office Building Act."
History:
1953 Comp., § 7-14-1, enacted by Laws 1959, ch. 25, § 1.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 12 - Land Office Building › Section 19-12-2 - [Acquisition of land; construction and maintenance of buildings; use; lease to other agencies; disposition and use of rents.]

The commissioner of public lands of the state is authorized to acquire the necessary land to construct, equip and maintain a land office building or buildings thereon to be used as offices for the purpose of administering the trust created by the New Mexico Enabling Act and other similar acts of congress granting lands to the state. In acquiring land and construction of a building, the commissioner of public lands is authorized to anticipate need for expansion. Pending immediate need, he is authorized to lease office space or land to other agencies of the state on a year-to-year basis at a rental rate comparable to that charged for office space and lands in the area. Rents received shall be covered into the state lands maintenance fund to be used in its entirety to retire and repay the indebtedness incurred under the provisions of this 1959 act [19-12-1 to 19-12-13 NMSA 1978].
History:
1953 Comp., § 7-14-2, enacted by Laws 1959, ch. 25, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For establishment of state lands maintenance fund,
see
19-1-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 12 - Land Office Building › Section 19-12-3 - [Total cost of acquisition and construction; appropriation.]

The total cost of acquiring of land and the construction of the building or buildings shall not exceed the sum of one million five hundred thousand dollars ($1,500,000), which sum is appropriated from the funds borrowed against the state lands maintenance fund, as hereinafter provided.
History:
1953 Comp., § 7-14-4, enacted by Laws 1959, ch. 25, § 4.
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 12 - Land Office Building › Section 19-12-4 - [Architect, employment by commissioner; contract for construction of building; notice of letting; rejection of bids; performance bond.]

The commissioner is empowered to employ an architect after competition among three or more architects of the state, on the basis of the best design submitted, and to contract for the construction of a building with the lowest and best bidder among three or more bidders, after notice in two consecutive issues of any Santa Fe or Albuquerque, New Mexico, newspaper not less than twenty days before the day of letting. The commissioner may either let the work in one entire contract or to different contractors, as the commissioner may deem advisable. The commissioner may reject any or all bids and call for new bids. The commissioner may require a performance bond with surety in an amount he deems necessary from bidders.
History:
1953 Comp., § 7-14-5, enacted by Laws 1959, ch. 25, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For Procurement Code,
see
13-1-28 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 12 - Land Office Building › Section 19-12-5 - Commissioner's power to provide for construction and maintenance; disbursements.

The commissioner has authority to perform all acts incidental to acquisition of such lands and the construction, equipping and maintaining of the land office building. The secretary of finance and administration shall draw his warrant on the state treasurer for the payment of vouchers drawn by the commissioner of public lands and the state treasurer shall pay the warrant out of the fund specified in and provided for by the Land Office Building Act [19-12-1 to 19-12-13 NMSA 1978].
History:
1953 Comp., § 7-14-6, enacted by Laws 1959, ch. 25, § 6; 1977, ch. 247, § 89.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 12 - Land Office Building › Section 19-12-6 - [Interest in contracts by commissioner or his agents prohibited.]

Neither the commissioner nor any of his agents shall be directly or indirectly interested in any contract let under the Land Office Building Act [19-12-1 to 19-12-13 NMSA 1978].
History:
1953 Comp., § 7-14-7, enacted by Laws 1959, ch. 25, § 7.
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 12 - Land Office Building › Section 19-12-7 - [Location of building; style of architecture.]

The land office building shall be located at the city of Santa Fe and conform substantially to the architecture of existing capitol buildings.
History:
1953 Comp., § 7-14-8, enacted by Laws 1959, ch. 25, § 8.
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 12 - Land Office Building › Section 19-12-7.1 - Name of land office building.

The building located in Santa Fe currently used for offices to administer the trust created by the Enabling Act for New Mexico and other acts of congress granting lands to the state shall be known as the "Edward J. Lopez land office building".
History:
1978 Comp., § 19-12-7.1, enacted by Laws 1997, ch. 35, § 1.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 35 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 1997, 90 days after adjournment of the legislature.
Cross references.
— For the Enabling Act,
see
the New Mexico Territorial Laws and Treaties on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 12 - Land Office Building › Section 19-12-8 - [Anticipation of proceeds of rentals from trust lands; issuance and sale of state land office debentures; interest rate; form; maturity.]

The commissioner of public lands is authorized to anticipate the proceeds of rentals from trust lands, to the extent that the same are required to be covered into the state lands maintenance fund created by the provisions of Section 19-1-11 NMSA 1978 by the issuance and sale of state land office debentures not exceeding in the aggregate one million five hundred thousand dollars ($1,500,000). The commissioner of public lands may issue these debentures at times and in denominations as he may deem expedient. Debentures issued shall bear the rate of interest prescribed by law, and shall be issued in serial form. Debentures in the principal amount of not more than fifty thousand dollars ($50,000) shall mature not before June 30, 1960, and a principal amount of these debentures of not more than fifty thousand dollars ($50,000) shall mature at every six-month interval thereafter, until all debentures issued under the Land Office Building Act [19-12-1 to 19-12-13 NMSA 1978] have been retired.
History:
1953 Comp., § 7-14-9, enacted by Laws 1959, ch. 25, § 9.
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 12 - Land Office Building › Section 19-12-9 - [Debentures; signed by commissioner; seal affixed.]

The debentures shall be signed by the commissioner and his seal shall be affixed thereto.
History:
1953 Comp., § 7-14-10, enacted by Laws 1959, ch. 25, § 10.
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 12 - Land Office Building › Section 19-12-10 - [Funds derived from sale of debentures; disposition.]

The funds derived from the sale of debentures shall be used by the commissioner of public lands for the purposes of carrying out the provisions of the Land Office Building Act [19-12-1 to 19-12-13 NMSA 1978].
History:
1953 Comp., § 7-14-11, enacted by Laws 1959, ch. 25, § 11.
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 12 - Land Office Building › Section 19-12-11 - [State investment officer may purchase state land office debentures; approval; private sale; interest rates.]

Any debentures authorized by the Land Office Building Act [19-12-1 to 19-12-13 NMSA 1978] may be purchased by the state investment officer as an investment for the permanent funds in his hands, with the approval of the officials whose approval is required by the constitution for the investment of permanent funds. The purchase by the state investment officer may be made at private sale without the necessity of advertising and at interest rates not to exceed the per annum rate prescribed by law.
History:
1953 Comp., § 7-14-12, enacted by Laws 1959, ch. 25, § 12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Section 6-8-4 NMSA 1978 named the director of the investment division of the department of finance and administration as the "state investment officer."
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 12 - Land Office Building › Section 19-12-12 - Contract for maintenance.

The commissioner of public lands is authorized to contract with the facilities management division of the general services department on a cost basis for the maintenance of the lands and buildings acquired under the provisions of the Land Office Building Act.
History:
1953 Comp., § 7-14-14, enacted by Laws 1959, ch. 25, § 14; 1977, ch. 247, § 90; 1983, ch. 301, § 67; 1984, ch. 64, § 23; 2013, ch. 115, § 21.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division; and deleted "property control" and added "facilities management" before "division".
The 1984 amendment,
effective May 17, 1984, substituted "building services division" for "property control division."
Saving clauses.
— Laws 1984, ch. 64, § 25, provided that no suit, action or other proceeding commenced by or against any public officer or employee of the state in his official capacity shall abate by reason of the effect of the act and provided that the district courts may allow a suit, action or other proceeding to be maintained by or against the appropriate officer and any successor agency created under the act.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 12 - Land Office Building › Section 19-12-13 - [Acceptance of gift, or loan, from federal government authorized.]

The commissioner of public lands is authorized to accept any services, equipment, supplies, materials or funds by way of gift, or loan, from the United States government, which could be used in carrying out the purposes of the Land Office Building Act [19-12-1 to 19-12-13 NMSA 1978].
History:
1953 Comp., § 7-14-15, enacted by Laws 1959, ch. 25, § 15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Severability.
— Laws 1959, ch. 25, § 16, provided for the severability of the Land Office Building Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-1 - Short title.

This act [19-13-1 to 19-13-28 NMSA 1978] may be cited as the "Geothermal Resources Act."
History:
1953 Comp., § 7-15-1, enacted by Laws 1967, ch. 158, § 1.
ANNOTATIONS
Law reviews.
— For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-2 - Definitions.

As used in the Geothermal Resources Act:
A. "geothermal resources" means the natural heat of the earth in excess of two hundred fifty degrees Fahrenheit, or the energy in whatever form below the surface of the earth present in, resulting from, created by or which may be extracted from this natural heat in excess of two hundred fifty degrees Fahrenheit, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam in whatever form found below the surface of the earth, but excluding oil, hydrocarbon gas and other hydrocarbon substances and excluding the heating and cooling capacity of the earth not resulting from the natural heat of the earth in excess of two hundred fifty degrees Fahrenheit, as may be used for the heating and cooling of buildings through an on-site geoexchange heat pump or similar on-site system;
B. "commissioner" means the commissioner of public lands;
C. "state lands" includes all land owned by the state, all land owned by school districts, beds of navigable rivers and lakes, submerged lands and lands in which mineral rights have been reserved to the state;
D. "lease" means a lease for the extraction and removal of geothermal resources from state lands; and
E. "well" means any well for the discovery of geothermal resources or any well on lands producing geothermal resources or reasonably presumed to contain geothermal resources.
History:
1953 Comp., § 7-15-2, enacted by Laws 1967, ch. 158, § 2; 2013, ch. 125, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed the definition of "geothermal resources" to establish a minimum threshold of heat; and in Subsection A, after "natural heat of the earth" added "in excess of two hundred fifty degrees Fahrenheit", after "extracted from this natural heat", added "in excess of two hundred fifty degrees Fahrenheit", and after "and other hydrocarbon substances", added the remainder of the sentence.
Law reviews.
— For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-3 - Administration of act.

Administration of the Geothermal Resources Act shall be based on the principle of multiple use of state land and resources and shall allow coexistence of other leases on the same lands for deposits of other minerals, and the existence of leases issued pursuant to the Geothermal Resources Act shall not preclude other uses of the land covered thereby. Geothermal resources may be administered as a renewable energy resource, in which case any leases for and regulations of a geothermal resource as a renewable energy resource shall require that the geothermal resource not be diminished beneath applicable natural seasonal fluctuations in the measurable quantity, quality or temperature of any area classified as a known geothermal resources field. However, operations under other leases or for other uses shall not unreasonably interfere with or endanger operations under any lease issued pursuant to the Geothermal Resources Act, nor shall operations under leases issued pursuant to the Geothermal Resources Act unreasonably interfere with or endanger operations under any lease issued pursuant to any other law. The Geothermal Resources Act shall not be construed to supersede the authority that any state department or agency has with respect to the management, protection and utilization of the state lands and resources under its jurisdiction.
History:
1953 Comp., § 7-15-3, enacted by Laws 1967, ch. 158, § 3; 2013, ch. 125, § 2.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided for conditions of leases of geothermal resources to sustain the resource; and added the second sentence.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-4 - Geothermal resources of commercial value.

Where it is determined by the commissioner that the production or use of geothermal energy is also susceptible of economically producing other of the geothermal resources in commercially valuable quantities, and a market therefor exists, production of the other geothermal resources may be required by the commissioner.
History:
1953 Comp., § 7-15-4, enacted by Laws 1967, ch. 158, § 4.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-5 - Leases; applications; limitations.

A. Leases may be issued by the commissioner according to such terms and conditions not inconsistent with the provisions of the Geothermal Resources Act which the commissioner determines to be in the best interest of the state.
B. An application for a lease on state lands shall not be made for less than six hundred forty acres nor more than two thousand five hundred sixty acres and shall embrace a reasonably compact area. A lease on state lands may only be issued for a parcel less than six hundred forty acres if the parcel is isolated from or not contiguous with other parcels of land available for a lease. The commissioner may provide for compensatory agreements on those parcels of state lands which he determines should be subjected to such an agreement rather than a lease. No person, association or corporation, except as otherwise provided in the Geothermal Resources Act, shall take, hold, own or control at one time whether acquired directly from the commissioner or otherwise, any direct or indirect interests in state geothermal leases exceeding fifty-one thousand two hundred acres.
C. The commissioner shall issue a lease to the first qualified applicant under regulations adopted by the commissioner.
History:
1953 Comp., § 7-15-5, enacted by Laws 1967, ch. 158, § 5; 1979, ch. 386, § 1.
ANNOTATIONS
Law reviews.
— For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-6 - Known geothermal resources fields.

A. The commissioner shall, after consultation with the director of the bureau of geology and mineral resources, make a classification of geothermal areas that he has determined may be capable of producing geothermal resources in commercial quantities. These geothermal areas shall be classified as "known geothermal resources fields".
B. If any lands to be leased are within a known geothermal resources field, the lands shall be leased to the highest responsible qualified bidder under rules prescribed by the commissioner. The rules prescribed by the commissioner shall include notice to the public of the terms and conditions of the sale and procedures of conducting the sale, including the receipt of written bids on a competitive basis and the issuing of the lease.
History:
1953 Comp., § 7-15-6, enacted by Laws 1967, ch. 158, § 6; 2001, ch. 246, § 1.
ANNOTATIONS
Cross references.
— For giving of legal notice,
see
14-11-1 NMSA 1978 et seq.
For establishment of bureau of geology and mineral resources, a division of the New Mexico institute of mining and technology, and duties thereof,
see
69-1-1 NMSA 1978 et seq.
The 2001 amendment,
effective June 15, 2001, substituted "bureau of geology" for "bureau of mines" in Subsection A; and substituted "rules" for "regulations" in two places in Subsection B.
Law reviews.
— For comment on geothermal energy and water law, see 19 Nat. Resources J. 445 (1979).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-8 - Leases; relinquishment.

A. The holder of any lease may at any time relinquish all his rights under the lease by filing a written relinquishment of all rights under the lease with the commissioner. The relinquishment shall be effective as of the date of its filing, subject to the continued obligation of the person, in accordance with the terms of the lease and any regulations:
(1) to make payment of all accrued rentals and royalties;
(2) to place all wells on the lands to be relinquished in condition for suspension or abandonment; and
(3) to protect or restore the surface and surface resources.
B. Upon compliance with this section, the person holding the lease shall be released of all obligations thereafter accruing under the lease with respect to the lands relinquished, but no such relinquishment shall release such person from any liability for breach of any obligation of the lease, other than an obligation to drill, accrued at the date of relinquishment.
History:
1953 Comp., § 7-15-8, enacted by Laws 1967, ch. 158, § 8.
ANNOTATIONS
Cross references.
— For relinquishment of lease of state lands,
see
19-7-36 NMSA 1978.
For relinquishment of mineral lands lease,
see
19-8-26 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-9 - Rent or royalties; waiver; suspension; reduction.

The commissioner may, after a public hearing, waive, suspend or reduce the rental or minimum royalty for the lands included in a lease, or any portion thereof, and waive, suspend, alter or amend the operating requirements contained in a lease or regulation in the interest of conservation and to encourage the greatest ultimate recovery of geothermal resources if he determines that such action is necessary or beneficial to promote development or finds that the lease cannot be successfully operated under the terms of the lease or regulations.
History:
1953 Comp., § 7-15-9, enacted by Laws 1967, ch. 158, § 9.
ANNOTATIONS
Cross references.
— For accrual of interest on delinquent rental payments for state lands,
see
19-1-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-10 - Suspension of operation and production.

The commissioner may, upon application and after a public hearing, suspend operations and production on a producing lease. On his own motion and after a public hearing, the commissioner, in the interest of conservation, may suspend operations on any lease, but in any such case he shall extend the lease term for the period of any suspension.
History:
1953 Comp., § 7-15-10, enacted by Laws 1967, ch. 158, § 10.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-11.1 - Leases; stipulation; rental; royalty.

The owner or owners of any geothermal resources lease or approved assignment thereof, heretofore issued by the commissioner, which lease has not automatically expired by its own terms or which has not been canceled after proper notice by the commissioner and which has otherwise been maintained in good standing, may enter into a stipulation with the commissioner of public lands making the terms and conditions of Sections 19-13-7 and 19-13-11 NMSA 1978 a part of such existing lease, the same as if the provisions had been a part of the lease when issued. In such case, the rentals, royalties and fees shall be computed as follows:
A. rentals shall be computed for the remainder of the primary term of the lease at one dollar ($1.00) per acre or fraction thereof per year, payable in advance, and for the secondary term of the lease at five dollars ($5.00) per acre or fraction thereof per year, payable in advance;
B. royalties shall be payable as provided in the lease being stipulated; provided, however, if at the time of entering into the stipulation the acreage has been included in a known geothermal resource field and if the commissioner has established a higher rate for such area, then the royalties shall be payable at the higher rates so established; and
C. the commissioner may charge a fee of ten dollars ($10.00) for the approval, filing and recording of such stipulation.
History:
1978 Comp., § 19-13-11.1, enacted by Laws 1979, ch. 386, § 4.
ANNOTATIONS
Cross references.
— For rentals and royalties on leases issued after the enactment of this section,
see
19-13-7 NMSA 1978.
For waiver of rents or royalties,
see
19-13-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-11.2 - Validation of geothermal resource leases.

All geothermal resource 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. such leases were 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:
1978 Comp., § 19-13-11.2, enacted by Laws 1979, ch. 386, § 5.
ANNOTATIONS
Cross references.
— For duration of leases,
see
19-13-11 NMSA 1978.
For cancellation of leases,
see
19-13-23 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-12 - Combining geothermal resources.

Any person engaged in the production of geothermal resources under a lease issued by the commissioner may commingle geothermal resources from any two or more wells without regard to whether such wells are located on the lands for which such lease was issued or elsewhere; provided, however, that the person holding the lease shall install and maintain meters or other measuring devices satisfactory to the commissioner to measure the amount of geothermal resources produced from lands for which leases were issued by the commissioner.
History:
1953 Comp., § 7-15-12, enacted by Laws 1967, ch. 158, § 12.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-13 - Reinjecting geothermal resources.

Any person holding a lease may, upon approval of the commissioner, drill special wells, convert producing wells or reactivate and convert abandoned wells for the sole purpose of reinjecting geothermal resources or the residue thereof.
History:
1953 Comp., § 7-15-13, enacted by Laws 1967, ch. 158, § 13.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-14 - Cooperative development or operation.

For the purpose of more properly conserving the natural resources of any geothermal resources lands, or any part thereof, the holders of leases may unite with each other or with others in collectively adopting and operating under a cooperative or unit plan of development or operation of such geothermal resources lands whenever determined and certified by the commissioner to be necessary or advisable in the public interest. The commissioner may, with the consent of the holders of leases involved, establish, alter, change or revoke any drilling and production requirement of such leases, permit apportionment of production, and may make such regulations with reference to such leases, with like consent on the part of the persons holding the leases, in connection with the institution and operation of any such cooperative or unit plan, as the commissioner deems necessary or proper to secure the proper protection of the interests of the state.
History:
1953 Comp., § 7-15-14, enacted by Laws 1967, ch. 158, § 14.
ANNOTATIONS
Cross references.
— For cooperative agreements for development or operation of oil and gas pools,
see
19-10-45 to 19-10-48 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-15 - Posting of open acreage; simultaneous applications.

When newly acquired acreage is posted to the tract books, or when other acreage is designated upon the tract books to be open acreage after having been previously leased or after having been withdrawn from leasing by the commissioner, all applications for leases filed thereon within three regular working days after such posting or designation shall be considered as simultaneous applications.
History:
1953 Comp., § 7-15-15, enacted by Laws 1967, ch. 158, § 15.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-16 - State land sales and leases; reservations.

In addition to any other requirements of law, in all leases, deeds or sales contracts of state lands for any purpose, there shall be inserted a clause reserving the right to execute leases for geothermal resource development and operation thereon; the right to sell or dispose of the geothermal resources of such lands; and the right to grant rights-of-way and easements for the purpose of this section.
History:
1953 Comp., § 7-15-16, enacted by Laws 1967, ch. 158, § 16.
ANNOTATIONS
Cross references.
— For sale rather than lease of known saline, mineral and oil and gas lands,
see
19-7-25 NMSA 1978.
For reservation from sale of mineral deposits, products and easements on grazing and agricultural leases,
see
19-7-28 NMSA 1978.
For rights-of-way and easements over state lands,
see
19-7-56, 19-7-57 NMSA 1978.
For reservation of roadway over timbered and mountain lands sold by state,
see
19-11-8 NMSA 1978.
For reservation of mineral purchase rights in state lands leased or conveyed,
see
19-14-1 to 19-14-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-17 - Use of the surface.

Subject to the provisions of the Geothermal Resources Act, any person holding a lease for geothermal resources shall be entitled to use so much of the surface as is reasonably necessary as determined by the commissioner for the production and conservation of geothermal resources.
History:
1953 Comp., § 7-15-17, enacted by Laws 1967, ch. 158, § 17.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-18 - Bonds; surface damage; performance.

A. Before any person commences development or operations of geothermal resources under a lease, including any prospecting activity on the leased land, the person holding the lease shall execute and file with the commissioner, a bond or undertaking in an amount fixed by the commissioner which shall not be less than five thousand dollars ($5,000) in favor of the state of New Mexico for the benefit of the state's contract purchaser, patentee or surface lessee. The purpose of the bond or undertaking shall be to secure payment for damages to the tangible improvements on the leased land as may be suffered by reason of the development and operations on the land by the person holding the lease.
B. The commissioner may, at any time, require a person holding a lease to furnish a bond in a reasonable amount to guarantee payment of royalties to become due the state if, in his judgment, such is necessary to protect the interest of the state.
C. The commissioner shall, by regulations, establish the standards and the forms for any bonds or undertakings required pursuant to this section.
History:
1953 Comp., § 7-15-18, enacted by Laws 1967, ch. 158, § 18.
ANNOTATIONS
Cross references.
— For filing by mineral lessee of bond securing payment for damage to the surface, and bond guaranteeing payment of royalties,
see
19-8-24 NMSA 1978.
For bond required of mineral lessee of lands sold on deferred payment plan with reservation of minerals,
see
19-10-26 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-19 - State lands; jurisdictions.

Where the surface of state lands sought for use or development of geothermal resources or the waters thereon are under the jurisdiction of a state department or agency other than the commissioner, the commissioner may issue leases under the Geothermal Resources Act only with the consent of and subject to such reasonable terms and conditions as may be prescribed by the other department or agency to insure [ensure] the adequate utilization of the surface of the lands or the waters thereon for the purposes for which they are then being administered or for which they were acquired; provided, however, that such other department or agency shall not prescribe any terms and provisions inconsistent with the Geothermal Resources Act nor any rental or royalty for the use of the lands.
History:
1953 Comp., § 7-15-19, enacted by Laws 1967, ch. 158, § 19.
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 13 - Lease of Geothermal Resources on State Lands › Section 19-13-20 - General mining lease; lease preference.

Notwithstanding any other provision of the Geothermal Resources Act, at any time within ninety days following the effective date of the Geothermal Resources Act, any person who held prior to January 1, 1967 and who holds on the effective date of the Geothermal Resources Act, a general mining lease issued by the commissioner, upon showing to the satisfaction of the commissioner that the application or general mining lease was made or issued to develop geothermal resources, may apply for and receive a lease pursuant to the Geothermal Resources Act covering the same land having priority dating from the date of filing or issuance of the original application or general mining lease. The lease preference pursuant to this section shall be accomplished in accordance with procedures prescribed by regulations of the commissioner.
History:
1953 Comp., § 7-15-20, enacted by Laws 1967, ch. 158, § 20.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-21 - Transferability.

Any lease pursuant to the Geothermal Resources Act may be assigned, transferred or sublet with the approval of the commissioner.
History:
1953 Comp., § 7-15-21, enacted by Laws 1967, ch. 158, § 21.
ANNOTATIONS
Cross references.
— For assignment or relinquishment of lease of state lands,
see
19-7-36 NMSA 1978.
For assignment of mineral lease,
see
19-8-28 NMSA 1978.
For assignment of oil and gas lease,
see
19-10-13 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-22 - Inspection of records; reports.

The commissioner or his representative shall have the right to inspect all records, books or accounts pertaining to geothermal resources taken from leased state lands, and at the request of the commissioner, the holder of the lease shall furnish such reports, samples, logs, assays or cores within reasonable bounds as he may deem to be necessary for the proper administration of the state lands under lease.
History:
1953 Comp., § 7-15-22, enacted by Laws 1967, ch. 158, § 22.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-23 - Violation of lease; notice; forfeiture.

The commissioner may cancel any lease issued pursuant to the Geothermal Resources Act for nonpayment of rentals, nonpayment of royalties or for violation of any of the terms, covenants or conditions of the lease. Before any cancellation shall be made, the commissioner shall mail to the lessee or assignee, by registered or certified mail, addressed to the post-office address of the lessee or assignee shown by the lease or by specific written notice of change of address given by the lessee, a thirty-day notice of intention to cancel the lease, specifying the default for which the lease is subject to cancellation. No proof of receipt of notice shall be necessary and thirty days after such mailing, the commissioner may enter cancellation unless the lessee shall have remedied the default prior to this time; provided that if the violation could not be remedied within the thirty-day period and the lessee shall have commenced operations to remedy the violation within such period, the lease shall not be canceled for a period not to exceed one year as long as the lessee diligently pursues actions necessary to remedy the violation or after the violation is remedied.
History:
1953 Comp., § 7-15-23, enacted by Laws 1967, ch. 158, § 23; 1979, ch. 386, § 6.
ANNOTATIONS
Cross references.
— For forfeiture for failure to comply with purchase contract,
see
19-7-19 NMSA 1978.
For forfeiture of lease for failure to pay rent,
see
19-7-34 NMSA 1978.
For grounds of forfeiture of agricultural or grazing lease,
see
19-7-35 NMSA 1978.
For forfeiture procedure on violation of lease or other written instrument,
see
19-7-50 NMSA 1978.
For forfeiture for defrauding state of royalties,
see
19-8-1 NMSA 1978.
For forfeiture on failure to develop and operate mineral lands in workmanlike manner,
see
19-8-13 NMSA 1978.
For forfeiture of certain mineral leases for violation thereof,
see
19-8-27 NMSA 1978.
For forfeiture on failure to comply with coal lease,
see
19-9-13 NMSA 1978.
For cancellation of oil and gas lease,
see
19-10-20 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-24 - Removing improvements upon termination of lease.

Upon termination of any lease issued pursuant to the Geothermal Resources Act by reason of forfeiture, surrender, expiration of term or for any other reason, the lessee may remove all improvements and equipment as can be removed without material injury to the premises; provided, however, that all rents and royalties have been paid and that such removal is accomplished within two years from the termination date or before such earlier date as the commissioner may set, upon thirty days' written notice to the lessee. All improvements and equipment remaining upon the premises after the removal date as set in accordance with this section shall be forfeited to the state without compensation.
History:
1953 Comp., § 7-15-24, enacted by Laws 1967, ch. 158, § 24.
ANNOTATIONS
Cross references.
— For compensation paid by purchaser or subsequent lessee to owner of improvements on state lands, in general,
see
19-7-14 NMSA 1978.
For removal by certain mineral lessees of removable improvements and forfeiture of rest without compensation,
see
19-8-29 NMSA 1978.
For payment for value of improvements by purchaser or subsequent oil and gas lessee to owner thereof,
see
19-10-28 NMSA 1978.
For oil and gas lessee's right to remove certain improvements upon cancellation or forfeiture of lease,
see
19-10-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-25 - Regulations.

Pursuant to the Geothermal Resources Act, the commissioner shall adopt such reasonable regulations as he may determine are necessary to carry out the provisions of the Geothermal Resources Act. The regulations shall be posted in a conspicuous place in the state land office for a period of at least ten consecutive days.
History:
1953 Comp., § 7-15-25, enacted by Laws 1967, ch. 158, § 25.
ANNOTATIONS
Cross references.
— For State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-26 - Withholding state lands from lease; lease by competitive bids.

Nothing in the Geothermal Resources Act [19-13-1 to 19-13-28 NMSA 1978] shall be construed to require the commissioner to offer any tract or tracts of state lands for lease. The commissioner may withhold any tract or tracts from leasing for geothermal resources purposes, if, in his opinion, the best interests of the state would be served by so doing. Nothing in the Geothermal Resources Act shall be construed to prohibit the commissioner from rejecting any application at any time prior to approval, or offering the land embraced within the application for lease by competitive bidding by sealed bids or at public auction to the bidder offering the highest bonus in addition to the annual rentals or royalties as set by the commissioner. Notice of the public sale pursuant to this section shall be given by posting in a conspicuous place in the state land office not less than ten days before the date of sale, a written notice of the sale specifying the day and hour when the sale will be held, the place where the sale will be held and a description of the state land to be offered for lease. The notice shall also state that the sale will be conducted through sealed bids or at public auction and any other information the commissioner determines is necessary. Where two or more sealed bids are received making the same offer on the same land, the commissioner shall award the lease to the land in accordance with regulations prescribed by the commissioner.
History:
1953 Comp., § 7-15-26, enacted by Laws 1967, ch. 158, § 26.
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 13 - Lease of Geothermal Resources on State Lands › Section 19-13-27 - Public hearings.

A public hearing pursuant to the Geothermal Resources Act [19-13-1 to 19-13-28 NMSA 1978] shall only be held after notice of the public hearing has been posted in a conspicuous place in the state land office for a period of at least fifteen consecutive days and after a copy of the notice of public hearing has been mailed to each holder of a lease affected. The notice of the public hearing shall be mailed not less than fifteen days prior to the date set for the public hearing and shall be addressed to the address of the lessee shown on the lease or the address of the lessee on record in the state land office. The notice shall specify the day, hour and place of the public hearing and shall also state the purpose for the public hearing.
History:
1953 Comp., § 7-15-27, enacted by Laws 1967, ch. 158, § 27.
ANNOTATIONS
Cross references.
— For publication of legal notice,
see
14-11-1 NMSA 1978 et seq.