reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.13 - TERM AND FORM OF LEASES

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner shall issue oil and gas leases upon one of
				  three statutory forms as follows, the form and royalty rate to be specified in
				  the regular notice of public lease sale:
A. For lands classified as non-restricted
				lands under Section 19-10-3 NMSA 1978 and
				19.2.100.9
				NMAC, the commissioner shall use the exploratory lease form as set forth in
				Section 19-10-4.1 NMSA 1978.
B. For
				lands classified as restricted lands and categorized as regular under Section
				19-10-3 NMSA 1978 and
				19.2.100.11
				NMAC, the commissioner, in the commissioner's discretion, may use the
				exploratory lease form as set forth in Section 19-10-4.1 NMSA 1978 or the
				discovery lease form as set forth in Section 19-10-4.2 NMSA 1978.
C. For lands classified as restricted lands
				and categorized as premium under Section 19-10-3 NMSA 1978 and
				19.2.100.11
				NMAC, the commissioner, in the commissioner's discretion, may use the
				exploratory lease form as set forth in Section 19-10-4.1 NMSA 1978, the
				discovery lease form as set forth in Section 19-10-4.2 NMSA 1978 or the
				development lease form as set forth in Section 19-10-4.3 NMSA 1978; provided,
				that in using the development lease form for a tract receiving less than 90
				total percentage points under Section 19-10-3 NMSA 1978 and
				19.2.100.11
				NMAC, the royalty rate shall not exceed three-sixteenths.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.14 - ANNUAL RENTAL - PRIMARY AND SECONDARY TERM

Current through Register Vol. 35, No. 13, July 16, 2024
All leases issued by the commissioner shall provide for an
				  annual rental to be paid by the lessee, whether or not a lease is producing oil
				  or gas. The initial rental shall be fixed by the commissioner, but in no case
				  shall the initial amount be less than twenty-five cents ($0.25) nor more than
				  one dollar ($1.00) per acre. For ten-year leases, if production in paying
				  quantities is obtained during the primary term of the first five years, then
				  the initial rental rate shall be applicable as long as the lease is held by
				  such production. If no production in paying quantities is obtained during the
				  primary term and the lease enters the secondary term of five years, the rental
				  for the remaining life of the lease shall be either double that of the primary
				  term or the highest rate of rental prevailing in the area at the commencement
				  of the secondary term, whichever is higher.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.15 - MINIMUM CHARGE

Current through Register Vol. 35, No. 13, July 16, 2024
The minimum initial charge for any lease shall be one hundred
				  dollars ($100.00) or the minimum rental rate, whichever is greater, plus the
				  application fee as set forth in the schedule of fees. Minimum rental rate is
				  computed by multiplying the rental rate by the acreage in each advertised
				  tract.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.16 - LIMITATION OF ACREAGE

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise approved and granted by the commissioner, no
				  oil and gas lease shall be issued to cover more than the total number of acres
				  of two sections of land to be wholly or partially included in the lease,
				  regardless of the number of acres within those sections, provided that the
				  lease may incorporate lands within more than two different sections of
				  land.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.17 - DIFFERENT RENTAL DISTRICTS - HIGHEST RENTAL PREVAILING

Current through Register Vol. 35, No. 13, July 16, 2024
Where part of the lands in any lease are situated in one
				  rental district and part thereof in another, or other districts, the lessee
				  shall pay the rental prevailing in the district wherein part of the lands
				  affected are situated having the highest rental.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.19 - CLEAR-LIST OF LANDS FROM UNITED STATES ESSENTIAL BEFORE ISSUANCE OF LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
Ordinarily, leases will not be issued for selected lands
				  which have not been clear-listed or for any lands where the records of the
				  state land office show the title of the state to be in question, controversy or
				  dispute.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.20 - LIMITATION TO NOT MORE THAN TWO PERSONS OR LEGAL ENTITIES - TRUST LIMITATIONS - WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
As a matter of administration and without affecting property
				  rights in oil and gas leases, whenever more than two persons or legal entities
				  apply for the issuance of an oil and gas lease, the commissioner shall grant
				  the lease in the names of no more than two persons acting as attorneys-in-fact
				  for all potential interest owners. In the case of a trust, the trust must be
				  express and a copy of the creating document filed with the commissioner. If
				  more than two trustees are named, a lease shall be granted in the names of no
				  more than two trustees acting as attorneys-in-fact for all trustees. The
				  limitations in this rule may be waived by the commissioner for good
				  cause.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.21 - LEASE WITHIN 25 MILES SQUARE - RIGHT OF COMMISSIONER

Current through Register Vol. 35, No. 13, July 16, 2024
No one lease may be issued for lands which will not fall
				  within the area of a square twenty-five miles long by twenty-five miles wide;
				  however, this requirement may be waived by the commissioner in any proper
				  case.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.22 - LIMITATION TO NOT MORE THAN ONE BENEFICIARY INSTITUTION

Current through Register Vol. 35, No. 13, July 16, 2024
Leases will not be issued covering lands belonging to more
				  than one beneficiary institution.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.25 - COMPETITIVE BIDDING ON ALL LANDS WITHIN RESTRICTED DISTRICTS

Current through Register Vol. 35, No. 13, July 16, 2024
No oil and gas leases upon any state lands within any
				  restricted district will be issued except to the highest and best bidder after
				  competitive offers by sealed bids or a public auction. Regularly advertised
				  sales covering lands within restricted areas are held on the third Tuesday of
				  each month, or on the next business day following where the third Tuesday falls
				  on a legal holiday. Lands outside the restricted districts may also be offered
				  on said third Tuesday when it is deemed advisable. The commissioner may, in the
				  commissioner's discretion, hold oil and gas lease sales, as aforesaid, by a
				  combination of the methods set out above, and may also hold any sale at the
				  county seat of the county where the lands or the greater part thereof are
				  situated.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.26 - NOTICE OF SALE

Current through Register Vol. 35, No. 13, July 16, 2024
On or before ten days prior to the date of any such sale,
				  notice of the same shall be posted in a conspicuous place in the state land
				  office specifying the place, date and hour of the sale, and containing a
				  description of the lands to be offered for lease, with a statement of the
				  minimum bid which will be accepted.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.27 - ACCEPTANCE OF BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
Up to the hour set for such sale, the commissioner will
				  receive sealed bids for an oil and gas lease upon any tract of land described
				  in the posted notice. All sealed bids submitted will be opened at the hour
				  mentioned in the notice, and the lease will be awarded to the highest and best
				  bidder, subject to the discretionary right of the commissioner to reject any
				  bid.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.28 - WHERE NO SEALED BIDS RECEIVED

Current through Register Vol. 35, No. 13, July 16, 2024
Each of said tracts described in the notice on which no
				  sealed bids are received may be offered for lease at public auction to the
				  highest and best bidder, for cash, and lease will be awarded to such highest
				  and best bidder if the offer shall be deemed acceptable. If no sealed bids or
				  other bids are received for any tract described in the notice, such tract will
				  be withdrawn until further notice at the discretion of the
				  commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.29 - APPLICATION UNDER OATH - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Application for lease accompanying sealed bids shall be
				  executed under oath by the applicant, or by the applicant's agent or attorney,
				  duly authorized in writing, or by an officer or attorney-in-fact of a
				  corporation, if application is by a corporation, and must be accompanied by a
				  bid fee as set forth in the schedule of fees (applied toward application fee
				  for successful bidder) and the amount of the first year's rental and bonus
				  offered. Unless approval of the commissioner for use of non-certified exchange
				  is obtained, payment shall be made in cash, money order or certified check on a
				  solvent bank. The land office furnishes application blanks upon
				  request.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.30 - TIE BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
When two or more sealed highest and best bids received for
				  the same tract of land are equal, the commissioner (if such highest and best
				  bidders are present and cannot agree, by stipulation in writing, on how such
				  tract shall be disposed of) shall call such equal highest and best bidders
				  before the commissioner in the state land office (or if such sale is held in
				  the county in which such lands are located, the person conducting such sale
				  shall call such equal highest and best bidders before the person) on the same
				  day such bids are opened, and again offer such tracts at auction to such
				  bidders only, and grant such lease to the then highest and best bidder. If such
				  bidders are not present when such bids are opened, then the commissioner will
				  notify such bidders to submit sealed proposals within 10 days next following
				  the date of the sale at which such bids were determined to be
				  equal.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.31 - RIGHT TO REJECT ANY AND ALL BIDS - WITHHOLDING FROM LEASING

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner reserves the right to reject any and all
				  bids not in conformity with law and the posted notice of sale, and to require
				  higher rentals, impose additional restrictions and requirements and to withhold
				  lands from leasing whenever, in the commissioner's discretion, the commissioner
				  shall deem it to be for the best interests of the trust to do
				  so.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.32 - TRANSFER AND ASSIGNMENT OF OIL AND GAS LEASES

Current through Register Vol. 35, No. 13, July 16, 2024
Any transfer of an oil and gas lease or assignment is
				  considered to convey an interest in real property and is therefore required to
				  be formally executed by the proper parties and upon prescribed forms furnished
				  by the state land office before such transfer or assignment shall be approved
				  by the commissioner. Ordinarily, leases shall be transferred or assigned in the
				  names of no more than two persons or legal entities as provided in
				  19.2.100.20
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.33 - JOINT TENANTS

Current through Register Vol. 35, No. 13, July 16, 2024
Where an oil and gas lease is held in joint tenancy with the
				  right of survivorship and a tenant dies, the lease shall be considered as
				  belonging to the survivor or survivors and shall be so transferred upon
				  presentation of a certified copy of the death certificate of the deceased
				  tenant and payment of the proper rentals and fees.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.34 - RESIDENT DECEDENT

Current through Register Vol. 35, No. 13, July 16, 2024
To effect transfer of regular interest in state oil and gas
				  leases of a deceased person resident in New Mexico, proper probate proceedings
				  should be had in the county of residence of the deceased and certified copies
				  of such proceedings, showing proper legal authority to transfer, should be
				  filed with the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.35 - FOREIGN DECEDENT

Current through Register Vol. 35, No. 13, July 16, 2024
In the event a decedent owner of a lease was resident of a
				  state other than New Mexico, the estate must be probated in the state of such
				  residence and ancillary proceedings conducted in the proper New Mexico court,
				  and certified copies of such proceedings showing proper legal authority to
				  transfer must be filed with the commissioner. Provided, however, where the
				  decedent died on or after July 1, 1976, the lease may be transferred upon the
				  foreign personal representative's compliance with the provisions of the New
				  Mexico Probate Code.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.36 - CO-OPERATIVE AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Assignments of acreage committed to unit or co-operative
				  agreements shall meet the requirements of Subsection G of
				  19.2.100.51
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.38 - LEASE CONTINUED BY PRODUCTION IN PAYING QUANTITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided in a co-operative agreement,
				  production in paying quantities upon any part of the acreage included in any
				  state oil and gas lease continues the lease upon every subdivision thereof
				  (whether the same remains in the original lease or is assigned before or after
				  production is had) subject, however, to the continued payment of rentals at the
				  rate in effect at the time of production, and further subject to the implied
				  covenants of development contained in any such lease.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.39 - ASSIGNMENTS TO BE IN TRIPLICATE - ACKNOWLEDGMENT REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Assignments of oil and gas leases shall be filed in
				  triplicate in the office of the commissioner and must be executed and
				  acknowledged in the manner provided for transfer of real estate in New Mexico.
				  The original copy of each assignment will be recorded and filed as a public
				  record in the state land office and one copy returned to the person entitled to
				  same.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.40 - ASSIGNMENTS TO BE RECORDED IN THE LAND OFFICE

Current through Register Vol. 35, No. 13, July 16, 2024
Assignments must be filed with the commissioner for approval
				  within one hundred days after having been signed by the assignor as shown upon
				  the face of the instrument, accompanied by a filing fee as set forth in the
				  schedule of fees. Those presented after expiration of that time shall not be
				  approved unless it can be shown to the satisfaction of the commissioner that
				  extreme hardship will result to one or more of the parties and that no
				  prejudice to the rights of the state will occur. An additional fee as set forth
				  in the schedule of fees will be charged for each such assignment (or each group
				  of assignments if the same basic facts are involved) to cover expense of
				  investigation and records search.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.41 - RESTRICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Assignments shall not be accepted nor approved by the
				  commissioner:
A. for less than
				assignor's entire interest in any legal subdivision (except where transfer is
				by operation of law);
B. for less
				than a legal subdivision;
C. in the
				names of more than two persons or legal entities. (See
				19.2.100.20
				NMAC);
D. in the name of a
				trusteeship unless the trust is expressly set forth and not more than two
				persons are named as trustee;
E.
				after
lis pendens
is filed;
F. for any assignment containing any language
				other than the approved form;
G.
				where the assignment covers acreage included in more than one lease;
H. if the lease is not in good standing;
				or
I. unless the assignor covenants
				to the assignee and the commissioner that the assigned leasehold estate is
				valid and subsisting and that all rental and royalties due thereunder have been
				properly paid.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.42 - APPROVAL AND FILING WITHHELD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				When assignments are accompanied by personal checks, the commissioner reserves
				the right to withhold approval of any and all assignments until checks are
				cleared and rentals on the lease from which assignments are made must be fully
				paid before assignments are subject to filing in the state land
				office.
B. When an assignment is
				presented to the commissioner for approval and the address of record of the
				assignee thereon is the same as that of the assignor, or when such address had
				not been established on the records of the state land office, or when the
				approved assignment is to be returned to the assignor, the commissioner
				reserves the right to withhold approval and filing of the assignment until the
				assignee has verified, under oath, the address and the assignee's acceptance of
				the assignment of the lease.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.43 - EFFECT OF COMMISSIONER'S APPROVAL - MISCELLANEOUS INSTRUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon approval by the commissioner, the assignor shall be
				  relieved from all obligations owing to the state with respect to the lands
				  embraced in the assignment, and the state shall be likewise relieved from all
				  obligations to the assignor as to the said lands, and the assignee shall
				  succeed to all of the rights and privileges of the assignor and assumes all of
				  the duties and obligations of the assignor as to the said lands. Provided,
				  however, any record owner of any lease may enter into any contract for
				  development of the leasehold premises or any portion thereof, or may create
				  overriding royalties or obligations payable out of production, or enter into
				  any other agreements with respect to the development of the leasehold premises
				  or disposition of the production therefrom, and it shall not be necessary for
				  any such contracts, agreements or other instruments to be approved by the
				  commissioner, but nothing contained in these items shall relieve the record
				  title owner of such lease from complying with any of the terms or provisions
				  thereof, and the commissioner shall look solely and only to such record owner
				  for compliance therewith, and in any controversy respecting any such contracts,
				  agreements or other instruments entered into by the lessee with other persons,
				  neither the state of New Mexico nor the commissioner shall be a necessary
				  party. All such contracts and other instruments may be filed either in the
				  office of the commissioner or recorded in the office of the county clerk
				  wherein the lands are situated, and the filing or recording thereof shall
				  constitute notice to all the world of the existence and contents of the
				  instrument so filed. The fee for filing such miscellaneous instruments in the
				  office of the commissioner shall be as set forth in the schedule of
				  fees.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.45 - TRANSFER OF RIGHTS BY CORPORATE ENTITIES - BY PURCHASE

Current through Register Vol. 35, No. 13, July 16, 2024
Transfer of oil and gas interests by corporations shall be
				  formally executed, as in the case of transfer of real estate in New Mexico, in
				  conformity with statute and by payment of proper fees as provided in this
				  rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.46 - TRANSFER OF RIGHTS BY CORPORATE ENTITIES - BY CONSOLIDATION

Current through Register Vol. 35, No. 13, July 16, 2024
In cases where corporations consolidate, transfer of oil and
				  gas interests to the newly created corporation shall be accomplished pursuant
				  to
				  19.2.100.39
				  through
				  19.2.100.45
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.47 - TRANSFER OF RIGHTS BY CORPORATE ENTITIES - BY MERGER

Current through Register Vol. 35, No. 13, July 16, 2024
In cases where two or more corporations merge, transfer of
				  oil and gas interests to the surviving corporation shall be accomplished by
				  filing with the commissioner a copy of the merger agreement or certificate of
				  merger. Thereafter, the oil and gas lease shall be transferred on the books of
				  the land office in the name of the surviving corporation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.48 - TRANSFER OF RIGHTS BY CORPORATE ENTITIES - BY REORGANIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
Where the assets of any corporation are taken over under
				  court order by a corporation, the procedure will follow the provisions of the
				  court order, which should direct separate assignments to be executed and filed
				  for approval in the state land office.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.49 - NOTICE OF PENDENCY OF SUIT FEES - EFFECT ON THE ABILITY TO ASSIGN LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
At the time of filing of any suit affecting an oil and gas
				  lease or the interest of any person therein, or at any time thereafter before
				  judgment, the plaintiff may file with the commissioner a notice of pendency of
				  suit containing the names of the parties thereto, the object of the action and
				  a description of the lands affected, and upon filing of such notice and payment
				  of the required fees as set forth in the schedule of fees, the land affected by
				  such suit will not be subject to assignment or other disposition until such
				  suit shall be finally determined and disposed of.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.50 - CANCELLATION FOR DEFAULT

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner may cancel any lease or assignment thereof
				  for default upon giving the lessee or assignee notice by registered mail
				  (certified mail if the lease so provides) of the commissioner's intention to
				  cancel, specifying the default and, unless the lessee or assignee remedies the
				  default within thirty days of the mailing date, the commissioner may cancel the
				  lease or assignment. Proof of receipt of notice is not necessary or required
				  before a valid cancellation may be entered.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.51 - CO-OPERATIVE AND UNIT AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Purpose - consent: The commissioner may consent to and approve agreements made
				by lessees of state lands for any of the purposes enumerated in Section
				19-10-45
				NMSA 1978.
B. Application -
				requisites of agreements: Formal application shall be filed with the
				commissioner for approval of a co-operative or unit agreement at least 20 days
				in advance of the New Mexico oil conservation division's hearing date. A filing
				fee as set forth in the schedule of fees shall be paid for each section or
				fractional part thereof, whether the acreage is federal, state or privately
				owned. A unit agreement presented must have a unique unit name that will
				identify the agreement for so long as the agreement remains in effect and only
				under extraordinary circumstances will a unit name change be allowed after
				initial approval is granted. Applications for approval shall contain a
				statement of facts showing:
(1) that such
				agreement will tend to promote the conservation of oil and gas and the better
				utilization of reservoir energy;
(2) that under the proposed unit operation,
				the state of New Mexico will receive its fair share of the recoverable oil and
				gas in place under its lands in the proposed unit area;
(3) that each beneficiary institution of the
				state of New Mexico will receive its fair and equitable share of the
				recoverable oil and gas under its lands within the unit area; and
(4) that such unit agreement is in other
				respects for the best interest of the trust.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.52 - FORCED POOLING - OIL CONSERVATION DIVISION ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The record owner or operator of all oil
				and gas leases covering the state owned lands forced pooled by order of the New
				Mexico oil conservation division, either under Section
				70-2-17
				NMSA 1978 (gas proration unit) or under Section
				70-7-1
				NMSA 1978 (statutory unitization act for secondary recovery), shall file with
				the commissioner the following information:
(1) one copy of application for hearing for
				forced pooling at least ten days prior to date set for hearing;
(2) state lease number, record owner and
				legal description of all state lands forced pooled;
(3) oil conservation division order number
				and date;
(4) legal description and
				type (federal, fee, or Indian) of all lands included in forced pooling
				order;
(5) location, formation, and
				depth of well;
(6) oil conservation
				division approved copies of forms numbered C-101, C-102, C-103, C-104 and
				C-105. These are to be filed at same time as filed with oil conservation
				division;
(7) date production
				commenced; and
(8) a copy of the
				agreement for unit operations involving state lands approved in writing by the
				oil conservation division, and signed by parties required by the agreement to
				initially pay at least seventy-five percent of unit operating costs, and by
				owners of at least seventy-five percent of the non-cost bearing interests such
				as royalties, overriding royalties and production payments.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.53 - COMMINGLING AND OFF-LEASE STORAGE OF OIL AND GAS ON STATE TRUST LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Commingling
				prohibited: Unless approved pursuant to Subsection B of 19.2.100.53 NMAC, the
				commingling, confusion or the intercommunication of oil or gas production from
				any state well with any production from any other well, whether state or
				non-state, by the use of common tankage facilities or central delivery points,
				is strictly prohibited.
B.
				Commingling allowed - off-lease storage:
(1)
				Commingling of oil and gas production, including downhole commingling, if
				properly metered or allocated and accounted for, may be permitted within the
				discretion of the commissioner only after the commissioner's receipt of a
				written application containing the information specified in Subsection C of
				19.2.100.53 NMAC and an application fee as set forth in the schedule of
				fees.
(2) Off-lease storage of
				production may be permitted if properly metered or allocated and accounted for,
				within the discretion of the commissioner only after the commissioner's receipt
				of a written application containing the information specified in Subsection C
				of 19.2.100.53 NMAC and an application fee as set forth in the schedule of
				fees.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.54 - ACREAGE TAKEN FOR MILITARY PURPOSES - WAIVER OF DEVELOPMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Where
				the use of lands embraced in any state oil and gas lease is taken by the United
				States government for military purposes, under such circumstances as will
				prevent drilling and development by the lessee, the commissioner may, on
				application by the lessee, waive compliance with the drilling and development
				requirements of any such lease during the period of such use and for six months
				thereafter, but in no event for more than five years from the beginning of such
				use by the United States. Where the use of only part of the lands embraced in
				such oil and gas lease is taken, any waiver shall extend only to the lands the
				use of which is so taken.
B. In all
				cases, the lessee shall continue to pay rentals at the rate which is in effect
				at the time of taking, and failure to so pay rentals subjects the lease to the
				regular cancellation procedure.
C.
				Waivers, when executed and approved, relate back to the date of the notice of
				taking by the United States.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.55 - STIPULATION TO CURRENT LEASE PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner of any oil and gas lease issued
				by the commissioner which does not contain all of the provisions of the current
				applicable five- or ten-year lease form or which does not include helium gas
				within its terms may file an application to include all the provisions of such
				applicable lease form and to include helium gas, provided the lease has been
				maintained in good standing according to the terms and conditions thereof and
				all applicable statutes and regulations.
B. The application for stipulation shall be
				made in duplicate and on a form prescribed and furnished by the commissioner
				and shall be filed in duplicate, accompanied by the fee as set forth in the
				schedule of fees.
C. Upon filing of
				such an application and determination by the commissioner that the application
				conforms to the governing statutes and this rule, the commissioner shall
				execute a stipulation and thereupon the provisions of the current applicable
				five- or ten-year lease form and inclusion of helium gas will be part of said
				existing lease with the like effect as if originally incorporated therein;
				provided, however, that no such stipulation shall be effective or binding on
				any of the parties until each and every working interest owner and record owner
				of the original lease or approved assignment thereof has signed the
				stipulation.
D. One executed copy
				of the stipulation will be attached to the original lease in the files of the
				commissioner. The remaining copy will be forwarded to the applicant with the
				receipt of the state land office evidencing payment of the filing
				fee.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.58 - OCD REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
The producer or lessee of producing state lands shall file in
				  the New Mexico state land office, Santa Fe, New Mexico, at the time of filing
				  with the New Mexico oil conservation division (OCD), reports labeled C-101
				  through C-105.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.59 - WAIVER OF DEVELOPMENT IN POTASH OR OTHER MINERAL AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
Application for waiver of compliance with exploratory
				  drilling development or production requirements of a lease, or to extend the
				  term thereof, where exploration and development operations of the oil and gas
				  lease are inconsistent with the exploration and development operations of a
				  state mineral lease, and where waste will occur, must be made in writing and
				  accompanied by a filing and approval fee as set forth in the schedule of fees.
				  Such applications must be filed in the state land office at least thirty days
				  before expiration date of the oil and gas lease. No waivers or extension shall
				  be granted by the commissioner for more than five years. Ordinarily, waivers
				  will be granted by the commissioner only as to the legal subdivisions upon
				  which the conflict exists.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.60 - WATER WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Water wells
				drilled on all state oil and gas leases for temporary use on the lease and for
				purposes directly connected with operations shall be in compliance with the
				provisions of Sections
				72-12-1
				through
				72-12-21 NMSA
				1978, as amended, with the regulations of the state engineer, and with 19.2.12
				NMAC.
B. Within thirty days after
				completion of said well, the lessee shall furnish in writing to the
				commissioner a report containing the following information:
(1) location of well; and
(2) depth, log and casing record production
				data.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.61 - SALT WATER DISPOSAL

Current through Register Vol. 35, No. 13, July 16, 2024
Lessees are expected to comply with all lawful rules of the
				  New Mexico oil conservation division pertaining to prevention of waste, which
				  includes disposal of produced salt water or brine. If state lands are needed
				  for a salt water disposal operation, then application for a salt water disposal
				  easement site shall be made to the "oil and gas division" or application for a
				  business lease shall be made to the "land surface division" of the state land
				  office, depending upon whether underground or surface disposal, respectively,
				  is desired. Ordinarily, water produced on lease may be disposed of on lease
				  without the commissioner's permission if the disposal operation otherwise meets
				  the approval of the oil conservation division and is otherwise reasonable and
				  accepted practice in the industry.
[Applications for a salt water disposal easement or a
				  business lease shall be made to the commercial division of the state land
				  office.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.62 - ROYALTY PURCHASE - PREFERENCE RIGHT

Current through Register Vol. 35, No. 13, July 16, 2024
Requests made by petroleum refineries within the state to the
				  commissioner to purchase state royalty oil as a preference right under the
				  provisions of Sections
				  19-10-64
				  through
				  19-10-70
				  NMSA 1978 shall be accompanied by an order or ruling of the New Mexico oil
				  conservation division determining that the applicant is qualified and otherwise
				  entitled to such preference. Requests to purchase state royalty oil on a bid
				  basis may be made directly to the commissioner in letter form. In either case,
				  the applicant must identify the wells from which the applicant desires to
				  purchase the royalty oil.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.63 - RESERVATION OF RIGHT TO PURCHASE PRODUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
The state reserves a continuing option to purchase at any
				  time and from time to time, at the market price prevailing in the area on the
				  date of purchase, all or part of the oil and gas that may be produced from the
				  lands embraced in all leases issued on or after June 11,
				  1973.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.64 - APPEALS FROM DECISION OF THE COMMISSIONER

Current through Register Vol. 35, No. 13, July 16, 2024
Any party aggrieved by any ruling or decision of the
				  commissioner affecting such party's interest in any oil and gas lease may
				  appeal to the appropriate district court within sixty days after such ruling or
				  decision is rendered pursuant to Section
				  19-10-23
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.67 - SURFACE RECLAMATION ON STATE OIL AND GAS LEASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purpose and application of 19.2.100.67
				NMAC:
(1) The purpose of 19.2.100.67 NMAC is
				to establish minimum procedures to follow in reclaiming surface disturbances
				resulting from development and production on state oil and gas leases, the
				surface of which is held in trust by the commissioner of public
				lands.
(2)19.2.100.67 NMAC applies
				to areas disturbed by operations conducted under all existing and future
				leases. However, current lessees will not be held responsible for reclaiming
				areas disturbed under a lease which has previously expired or been terminated
				and for which the current lessee is not a successor-in-interest. Also, a
				prudent operator standard will be applied to the reclamation of other
				conditions existing on the effective date of this rule. In this regard, lessees
				are expected to comply with all requirements concerning removal of debris and
				improvements; however, specific requirements relating to ripping and reseeding
				will be developed by consultation and planning between the lessee and the state
				land office, using accepted industry standards such as those established by the
				bureau of land management.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.68 - AMENDMENT OF LEASE TO LOWER ROYALTY RATE FOR OIL WELLS UNDER CERTAIN CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Purpose - eligibility: The records owner of an oil and gas lease issued by the
				commissioner of public lands whose lease is maintained in good standing
				according to the terms and conditions of the lease and all applicable statutes
				and regulations, may apply to the commissioner for an amendment to the lease
				for the purpose of changing the royalty rate on oil produced from a specified
				oil well. Any well that produces on a lease basis or as a communitized or
				unitized property is eligible for the lower rate. Multiple wells from the same
				lease, communitization or unit may be submitted for approval under one
				application. Communitized or unit wells must qualify individually for the lower
				royalty rate.
B. Application,
				requirements, and information to be furnished. An application for a change in
				royalty rate shall be on a form prescribed by the commissioner and shall be
				accompanied by the application fee as set forth in the schedule of fees. For
				each oil well, the application shall:
(1)
				show that the oil well has produced oil attributable to a communitization, unit
				or lease premises, and:
(a) if the production
				is from formations shallower than 5,000 feet, has produced less than an average
				of three barrels of oil per day during the preceding 12 months and has not
				averaged over five barrels per day for any month during the preceding 12
				months; or
(b) if the production is
				from formations 5,000 feet deep or deeper, has produced less than an average of
				six barrels of oil per day during the preceding 12 months and has not averaged
				over 10 barrels of oil per day for any month during the preceding 12 months;
				and