New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.10 - APPLICATION TO DRILL, MODIFY OR OPERATE WELLS OR FACILITIES IN A GEOTHERMAL RESOURCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application for a permit to drill an exploratory well or to drill or
				operate a production or observation well.
Any person who proposes to
				drill or operate an exploratory, production or observation well shall first
				apply for a permit by filing a written application with the division. The
				applicant shall submit two paper copies and one electronic copy of the
				application. The applicant shall submit the information listed below in the
				application:
(1) name and contact information
				of the owner or operator of the well and the drilling contractor and whether
				the owner or operator is a corporation, partnership, single proprietorship,
				association or other business entity and the names of the applicant's officers
				and directors;
(2) name and contact
				information of the applicant's registered agent;
(3) location of the proposed or existing well
				(UTM coordinates or latitude-longitude) and a map showing location and
				distances to property lines;
(4)
				estimated or actual (if existing) top of well-elevation;
(5) name and contact information of the
				surface land owner;
(6) signature
				of a responsible official or designated agent of the applicant;
(7) name and contact information of the
				geothermal resource owner and documentation such as deeds, leases, permits or
				other documentation showing applicant has the authority or right to produce the
				geothermal resource;
(8) for
				production wells, actual (when available) or estimated data regarding the
				physical characteristics of the geothermal resource including volume,
				temperature, permeability, thermal capacity and water quality of both the
				geothermal resource waters and any fresh water resources in the proposed
				drilling area;
(9) whether the
				applicant proposes to reinject all ground water as soon as practicable into the
				same ground water source from which it was diverted, resulting in no new
				depletion to the source and information regarding the proposed diversion and
				reinjection;
(10) a map and
				accompanying list showing the names, addresses and locations of adjacent
				landowners within one-half mile of the proposed geothermal well or facility;
				the location of water wells within one mile of the proposed geothermal well or
				facility; the names, addresses and locations of any geothermal resource owners
				or lessees currently owning or leasing a geothermal resource within five miles
				of the proposed geothermal well or facility; and the names, addresses and
				locations of any local, state, federal or tribal government property within
				five miles of the proposed geothermal well or facility;
(11) a statement of the purpose and estimated
				or actual (if existing) depth of the well;
(12) for production wells, the proposed
				production rate of geothermal resource waters;
(13) a description of the geothermal well
				construction, BOPE and the drilling rig;
(14) a description of the logging, coring and
				testing program;
(15) plans for
				providing financial assurance prior to permit issuance pursuant to 19.11.2.18
				NMAC;
(16) pit information pursuant
				to 19.11.4.17 NMAC;
(17) methods
				for disposal of geothermal resources, residue of geothermal resources or
				nondomestic waste from the exploration, development or production of geothermal
				resources pursuant to 19.11.4.20 NMAC;
(18) a geothermal well plugging and
				abandonment plan, including a responsible third-party contractor's cost
				estimate, sufficient to plug and abandon the wells in a manner that will
				protect life, health, property, natural resources, the environment and the
				public welfare, and comply with the requirements contained in 19.11.4.16
				NMAC;
(19) a statement of whether
				the applicant or any subsidiary, affiliate or person controlled by or under
				common control with the applicant
(a) has had
				a federal or state UIC or geothermal drilling or operating permit suspended or
				revoked in the five years preceding the date of the application's submission;
				or
(b) has forfeited a performance
				bond or similar security deposited in lieu of bond; and
(c) a brief explanation of the facts involved
				if any such suspension, revocation or forfeiture referred to in Subparagraphs
				(a) and (b) of Paragraph (19) of Subsection A of 19.11.2.10 NMAC has occurred,
				including:
(i) the permit's identification
				number and issuance date, and the date and amount of bond or similar security
				involved;
(ii) identification of
				the authority that suspended or revoked the permit or forfeited the bond or
				similar security and the stated reasons for the action;
(iii) the status of the permit, bond or other
				security involved;
(iv) the date,
				location and type of any administrative or judicial proceedings initiated
				concerning the suspension, revocation or forfeiture; and
(v) the proceeding's status; and
(20) a listing of all
				violation notices the applicant has received relating to any UIC or geothermal
				drilling or operation during the three-year period before the application date;
				for each violation notice reported include the following information as
				applicable:
(a) any identifying number for
				the operation including the federal or state permit number, the violation
				notice's issuance date, the name of the person or entity to whom the violation
				notice was issued and the name of the issuing regulatory authority, department
				or agency;
(b) a brief description
				of the violation alleged in the notice;
(c) the date, location and type of any
				administrative or judicial proceedings initiated concerning the violation,
				including proceedings initiated by any person or entity to obtain
				administrative or judicial review of the violation;
(d) the status of the proceedings and of the
				violation notice; and
(e) the
				actions, if any, taken by any person identified in Paragraph (20) of Subsection
				A of 19.11.2.10 NMAC to abate the violation.