reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.13 - PLEADINGS, COPIES, PRE-HEARING STATEMENTS, EXHIBITS AND MOTIONS FOR CONTINUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Pleadings. Applicants shall file two sets of pleadings and correspondence in
				cases pending before a division examiner with the division clerk and six sets
				of pleadings and correspondence in cases pending before the commission with the
				commission clerk. For cases pending before the commission, the commission clerk
				shall disseminate copies of pleadings and correspondence to the commission
				members. The party filing the pleading or correspondence shall at the same time
				serve a copy of the pleading or correspondence upon each party who has entered
				an appearance in the case on or prior to the business day immediately preceding
				the date when the party files the pleading or correspondence with the division
				or the commission clerk, as applicable. Parties shall accomplish service by
				hand delivery or transmission by facsimile or electronic mail to a party who
				has entered an appearance or, if the party is represented, the party's attorney
				of record. Service upon a party who has not filed a pleading containing a
				facsimile number or e-mail address may be made by ordinary first class mail.
				Parties shall be deemed to have made an appearance when they have either sent a
				letter regarding the case to the division or commission clerk or made an in
				person appearance at a hearing before the commission or before a division
				examiner. A written appearance, however, shall not be complete until the
				appearing party has provided notice to other parties of record. An initial
				pleading or written entry of appearance a party other than the applicant files
				shall include the party's address or the address of the party's attorney and an
				e-mail and facsimile number if available.
B. Pre-hearing statements.
(1) A party to an adjudicatory proceeding who
				intends to present evidence at the hearing shall file a pre-hearing statement,
				and serve copies on other parties or, for parties that are represented, their
				attorneys in the manner Subsection A of 19.15.4.13 NMAC provides, at least four
				business days in advance of a scheduled hearing before the division or the
				commission, but in no event later than 5:00 p.m. mountain time, on the Thursday
				preceding the scheduled hearing date. The statement shall include:
(a) the names of the party and the party's
				attorney;
(b) a concise statement
				of the case;
(c) the names of
				witnesses the party will call to testify at the hearing, and in the case of
				expert witnesses, their fields of expertise;
(d) the approximate time the party will need
				to present its case; and
(e)
				identification of any procedural matters that are to be resolved prior to the
				hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.14 - CONDUCT OF ADJUDICATORY HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Testimony. Hearings before the commission
				or a division examiner shall be conducted without rigid formality. The division
				or commission shall take or have someone take a transcript of testimony and
				preserve the transcript as a part of the division's permanent records. A person
				testifying shall do so under oath. The division examiner or commission shall
				designate whether or not an interested party's un-sworn comments and
				observations are relevant and, if relevant, include the comments and
				observations in the record.
B.
				Pre-filed testimony. The director may order the parties to file prepared
				written testimony in advance of the hearing for cases pending before the
				commission. The witness shall be present at the hearing and shall adopt, under
				oath, the prepared written testimony, subject to cross-examination and motions
				to strike unless the witness' presence at hearing is waived upon notice to
				other parties and without their objection. The parties shall number pages of
				the prepared written testimony, which shall contain line numbers on the
				left-hand side.
C. Appearances pro
				se or through an attorney. Parties may appear and participate in hearings
				either pro se (on their own behalf) or through an attorney. Corporations,
				partnerships, governmental entities, political subdivisions, unincorporated
				associations and other collective entities may appear only through an attorney
				or through a duly authorized officer or member. Participation in adjudicatory
				hearings shall be limited to parties, as defined in 19.15.4.10 NMAC, except
				that a representative of a federal, state or tribal governmental agency or
				political subdivision may make a statement on the agency's or political
				subdivision's behalf. The commission or division examiner shall have the
				discretion to allow other persons present at the hearing to make a relevant
				statement, but not to present evidence or cross-examine witnesses. A person
				making a statement at an adjudicatory hearing shall be subject to
				cross-examination by the parties or their attorneys.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.15 - CONTINUANCE OF AN ADJUDICATORY HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A division examiner or the commission chair may continue an
				  adjudicatory hearing before a division examiner or the commission held after
				  due notice to a specified time and place without the necessity of notice of the
				  same being served or published.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.17 - RULES OF EVIDENCE AND EXHIBITS FOR ADJUDICATORY HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Presentation of
				evidence. Subject to other provisions of 19.15.4.16 NMAC, the commission or
				division examiner shall afford full opportunity to the parties at an
				adjudicatory hearing before the commission or division examiner to present
				evidence and to cross-examine witnesses. The rules of evidence applicable in a
				trial before a court without a jury shall not control, but division examiners
				and the commission may use such rules as guidance in conducting adjudicatory
				hearings. The commission or division examiner may admit relevant evidence,
				unless it is immaterial, repetitious or otherwise unreliable. The commission or
				division examiner may take administrative notice of the authenticity of
				documents copied from the division's files.
B. Parties introducing exhibits at hearings
				before the commission or a division examiner shall provide a complete set of
				exhibits for the court reporter, each commissioner or division examiner and
				other parties of record.
C. A party
				requesting incorporation of records from a previous hearing at a commission
				hearing shall include copies of the record for each commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.18 - DIVISION EXAMINER'S QUALIFICATIONS, APPOINTMENT AND REFERRAL OF CASES

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall appoint as division examiners division
				  staff who are licensed attorneys, or who have experience in hydrogeology,
				  hydrology, geology, petroleum engineering, environmental engineering or a
				  related field and a college degree in geology, engineering, hydrology or
				  related field. Nothing in 19.15.4.18 NMAC shall prevent a commission member
				  from serving as a division examiner. The director may refer a matter or
				  proceeding to a division examiner for hearing in accordance with 19.15.4
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.19 - DIVISION EXAMINER'S POWER AND AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The division examiner to whom the director refers a matter
				  under 19.15.4 NMAC shall have full authority to hold hearings on such matter in
				  accordance with 19.15.4 NMAC, subject only to such limitations as the director
				  may order in a particular case. The division examiner shall have the power to
				  perform all acts and take all measures necessary and proper for the hearing's
				  efficient and orderly conduct, including administering oaths to witnesses,
				  receiving testimony and exhibits offered in evidence and ruling upon such
				  objections as may be interposed. The division examiner shall cause a complete
				  record of the proceedings to be made and transcribed and shall certify the
				  record of the proceedings to the director as provided in
				  19.15.4.21
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.20 - ADJUDICATORY HEARINGS THAT SHALL BE HELD BEFORE THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding other provisions of 19.15.4 NMAC, the hearing
				  on a matter shall be held before the commission if:
A. it is a hearing pursuant to NMSA 1978,
				Section
				70-2-13;
				or
B. the director directs the
				commission to hear the matter.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.21 - REPORT AND RECOMMENDATIONS FROM DIVISION EXAMINER'S HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Upon conclusion of a hearing before a division examiner, the
				  division examiner shall promptly consider the proceedings in such hearing, and
				  based upon the hearing's record prepare a written report with recommendations
				  for the division's disposition of the matter or proceeding. The division
				  examiner shall draft a proposed order and submit it to the director with the
				  certified record of the hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.22 - DISPOSITION OF CASES HEARD BY DIVISION EXAMINER

Current through Register Vol. 35, No. 13, July 16, 2024
After receipt of the division examiner's report, the director
				  shall enter the division's order, which the director may have modified from the
				  division examiner's proposed order, disposing of the matter.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.23 - HEARING BEFORE COMMISSION AND STAYS OF DIVISION ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. De novo
				applications. When the division enters an order pursuant to a hearing that a
				division examiner held, a party of record whom the order adversely affects has
				the right to have the matter heard de novo before the commission, provided that
				within 30 days from the date the division issues the order the party files a
				written application for de novo hearing with the commission clerk. If a party
				files an application for a de novo hearing, the commission chairman shall set
				the matter or proceeding for hearing before the commission.
B. Stays of division or commission orders. A
				party requesting a stay of a division or commission order shall file a motion
				with the commission clerk and serve copies of the motion upon the other parties
				who appeared in the case, as Subsection A of 19.15.4.10 NMAC provides. The
				party shall attach a proposed stay order to the motion. The director may grant
				a stay pursuant to a motion for stay or upon the director's own initiative,
				after according parties who have appeared in the case notice and an opportunity
				to respond, if the stay is necessary to prevent waste, protect correlative
				rights, protect public health or the environment or prevent gross negative
				consequences to an affected party. A director's order staying a commission
				order shall be effective only until the commission acts on the motion for
				stay.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.24 - COPIES OF COMMISSION AND DIVISION ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
Within 10 business days after the division or commission
				  issues an order in an adjudicatory case, including an order granting or
				  refusing rehearing or order following rehearing, the division or commission
				  clerk shall mail a copy of such order to each party or its attorney of record.
				  For purposes of 19.15.4.24 NMAC only, the parties to a case are the applicant
				  and each person who has entered an appearance in the case, in person or by
				  attorney, either by filing a protest, pleading or notice of appearance with the
				  division or commission clerk or by entering an appearance on the record at a
				  hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.25 - REHEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Within 20 days after entry of a commission order a party of
				  record whom the order adversely affects may file with the commission clerk an
				  application for rehearing on a matter the order determined, setting forth the
				  respect in which the party believes the order is erroneous. The commission
				  shall grant or refuse the application in whole or in part within 10 business
				  days after the party files it, and the commission's failure to act on the
				  application within such period shall be deemed a refusal and a final
				  disposition of such application. In the event the commission grants the
				  rehearing, the commission may enter a new order after rehearing as the
				  circumstances may require.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.26 - EX PARTE COMMUNICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				an adjudicatory proceeding, except for filed pleadings, at no time after a
				party files an application for hearing shall a party, interested participant or
				participant's representative advocate a position with respect to the issues the
				application involves to a commissioner or the division examiner appointed to
				hear the case unless the other parties of record to the proceedings have an
				opportunity to be present.
B. The
				prohibition in Subsection A of 19.15.4.26 NMAC, above, does not apply to those
				applications that the applicant believes are unopposed. However, in the event
				that a party files an objection in a case previously believed to be unopposed,
				the prohibition in Subsection A of 19.15.4.26 NMAC, above, is immediately
				applicable.
C. This provision does
				not prohibit communications between the division's attorney or other division
				staff and the director that are essential to a case's management.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 5 - ENFORCEMENT AND COMPLIANCE › Section 19.15.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.5 NMAC applies to persons engaged in oil and gas
				  development and production within New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 5 - ENFORCEMENT AND COMPLIANCE › Section 19.15.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.5 NMAC is adopted pursuant to the Oil and Gas Act,
				  Section
				  70-2-6,
				  Section
				  70-2-11,
				  Section
				  70-2-12,
				  Section
				  70-2-31,
				  and Section 70-2-31.1 NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 5 - ENFORCEMENT AND COMPLIANCE › Section 19.15.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2008, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 5 - ENFORCEMENT AND COMPLIANCE › Section 19.15.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish a process to ensure compliance with the Oil and
				  Gas Act, division rules and division and commission orders.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 5 - ENFORCEMENT AND COMPLIANCE › Section 19.15.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[See
				  19.15.2.7
				  NMAC for definitions.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 5 - ENFORCEMENT AND COMPLIANCE › Section 19.15.5.8 - ENFORCEMENT OF STATUTES AND RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The division is charged with the duty and obligation of
				  enforcing the state's rules and statutes relating to the conservation of oil
				  and gas, including the prevention of waste and the protection of correlative
				  rights, and the protection of public health and the environment. An owner or
				  operator shall obtain information pertaining to the regulation of oil and gas
				  before beginning operations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 5 - ENFORCEMENT AND COMPLIANCE › Section 19.15.5.9 - COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An operator is
				in compliance with Subsection A of 19.15.5.9 NMAC if the operator:
(1) currently meets the financial assurance
				requirements of 19.15.8 NMAC;
(2)
				is not subject to a division or commission order, issued after notice and
				hearing, finding the operator to be in violation of an order requiring
				corrective action;
(3) does not
				have a penalty assessment that is unpaid more than 30 days after issuance of
				the order assessing the penalty; and
(4) has no more than the following number of
				wells out of compliance with
				19.15.25.8
				NMAC that are not subject to an agreed compliance or final order setting a
				schedule for bringing the wells into compliance with
				19.15.25.8
				NMAC and imposing sanctions if the schedule is not met:
(a) two wells or fifty percent of the wells
				the operator operates, whichever is less, if the operator operates 100 wells or
				less;
(b) five wells if the
				operator operates between 101 and 500 wells;
(c) seven wells if the operator operates
				between 501 and 1000 wells; and
(d)
				10 wells if the operator operates more than 1000 wells.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 5 - ENFORCEMENT AND COMPLIANCE › Section 19.15.5.10 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General.
Whenever the division determines that a person violated
				or is violating the Oil and Gas Act or a provision of any rule, order, permit
				or authorization issued pursuant to the Oil and Gas Act, the division may seek
				a sanction by:
(1) issuing a temporary
				cessation order if it determines that the alleged violation is causing or will
				cause an imminent danger to public health or safety or a significant imminent
				environmental harm. The temporary cessation order shall remain in place until
				the earlier of when the division determines that the alleged violation is
				abated or 30 days, unless a hearing is held before the division and a new order
				is issued;
(2) issuing a notice of
				violation; or
(3) commencing a
				civil action in district court.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 5 - ENFORCEMENT AND COMPLIANCE › Section 19.15.5.11 - ENFORCEABILITY OF PERMITS AND ADMINISTRATIVE ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A person who conducts an activity pursuant to a permit,
				  administrative order or other written authorization or approval from the
				  division shall comply with every term, condition and provision of the permit,
				  administrative order, authorization or approval.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 6 - TAX INCENTIVES › Section 19.15.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.6 NMAC applies to persons or entities engaged in oil
				  and gas development and production within New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 6 - TAX INCENTIVES › Section 19.15.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.6 NMAC is adopted pursuant to NMSA 1978, Section
				  7-29A-1
et
				  seq.
and Section
				  7-29B-1
et
				  seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 6 - TAX INCENTIVES › Section 19.15.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2008, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 6 - TAX INCENTIVES › Section 19.15.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish procedures for the certification of eligibility
				  for the enhanced oil recovery project tax incentive, the production restoration
				  project tax incentive, the well workover project tax incentive and the stripper
				  well tax incentive.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 6 - TAX INCENTIVES › Section 19.15.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Average daily
				production" means the number derived by dividing the total volume of oil or gas
				production from the stripper well property reported to the division during a
				calendar year by the sum of the number of days each eligible well within the
				property produced or injected during that calendar year.
B. "Eligible well" means an oil or gas well
				that produces or an injection well that injects and is integral to production,
				for any period of time during the preceding calendar year.
C. "Expansion or expanded use" means a
				significant change or modification as the division determines in:
(1) the technology or process used for the
				displacement of oil from an oil well or division-designated pool; or
(2) the expansion, extension or increase in
				size of the geologic area or adjacent geologic area that could reasonably be
				determined to represent a new or unique area of activity.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 6 - TAX INCENTIVES › Section 19.15.6.8 - ENHANCED OIL RECOVERY PROJECT TAX INCENTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division shall accept applications for
				qualification of EOR projects or expansions of EOR projects for the recovered
				oil tax rate pursuant to the New Mexico Enhanced Oil Recovery Act, NMSA 1978,
				Sections
				7-29A-1 through
				7-29A-5.
B. 19.15.6.8 NMAC applies to:
(1) EOR projects;
(2) expansions of existing EOR
				projects;
(3) the expanded use of
				enhanced oil recovery technology in existing EOR projects; and
(4) the change from a secondary recovery
				project to a tertiary recovery project.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 6 - TAX INCENTIVES › Section 19.15.6.9 - PRODUCTION RESTORATION PROJECT TAX INCENTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division shall accept applications for
				qualification of production restoration projects for the production restoration
				incentive tax exemption pursuant to the Natural Gas and Crude Oil Production
				Incentive Act, NMSA 1978, Sections
				7-29B-1 through
				7-29B-6.
B. 19.15.6.9 NMAC applies to gas or oil wells
				division records show had 30 days or less production in a period of 24
				consecutive months beginning on or after January 1, 1993 upon which the
				operator commenced operations to restore production after June 16,
				1995.
C. To be eligible for the
				exemption, the operator shall apply for and receive division approval. No
				production restoration project commenced prior to June 16, 1995
				qualifies.
D. Applications.
(1) An operator shall file an application
				with the division within 12 months of the production restoration.
(2) The operator shall file the application
				on behalf of the project's interest owners.
(3) The operator shall file the application
				on form C-139 using the division's web-based online application.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 6 - TAX INCENTIVES › Section 19.15.6.10 - WELL WORKOVER PROJECT TAX INCENTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division shall accept applications for
				qualification of well workover projects for the well workover incentive tax
				rate pursuant to the Natural Gas and Crude Oil Production Incentive Act, NMSA
				1978, Sections
				7-29B-1 through
				7-29B-6.
B. 19.15.6.10 NMAC applies to a gas or oil
				well upon which the operator has commenced a workover after June 16, 1995 that
				is intended to increase the well's production.
C. To be eligible for the incentive tax rate,
				the operator shall apply for and receive division approval. No well workover
				project the operator commences prior to June 16, 1995 qualifies.
D. Application.
(1) The operator shall file the application
				with the division within 12 months of the workover's completion.
(2) The operator shall file on behalf of the
				project's interest owners.
(3) The
				operator shall retain the data used in the application in its files during the
				period of time the well qualifies for and receives the well workover incentive
				tax rate.
(4) The operator shall
				file the application on form C-140 using the division's web-based online
				application.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 6 - TAX INCENTIVES › Section 19.15.6.11 - STRIPPER WELL TAX INCENTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Qualification of stripper well properties for the stripper well incentive tax
				rates in NMSA 1978, Sections
				7-29-4
				and
				7-31-4,
				requires division certification. The division shall certify stripper well
				properties for calendar year 1998 no later than June 30, 1999 and no later than
				June 1 of each succeeding year for the preceding calendar year.
B. 19.15.6.11 NMAC applies to a property that
				the division certifies as a stripper well property after June 30,
				1999.
C. Certification,
				notification and hearing.
(1) The division
				shall determine which wells qualify as stripper well properties.
(2) Upon certification of properties as
				stripper well properties, the division shall notify the operator and the
				secretary of taxation and revenue of that certification.
(3) The operator shall notify the interest
				owners of the certification of the property as a stripper well
				property.
(4) An operator may make
				a written request that the division reevaluate a property for stripper well
				status.
(5) If the division denies
				stripper well certification to a property, the division upon the operator's
				request shall set the matter for hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.7 NMAC applies to persons or entities engaged in oil
				  and gas development and production within New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.7 NMAC is adopted pursuant to the Oil and Gas Act, NMSA
				  1978, Section
				  70-2-6,
				  Section
				  70-2-11
				  and Section
				  70-2-12.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2008, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide for the filing of reports to enable the division
				  to carry out its statutory mandates under the Oil and Gas
				  Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.9 - FORM REQUIREMENTS ON FEDERAL OR TRIBAL LANDS OR MINERALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For wells on
				federal lands, accessing federal minerals or lands or minerals owned by a
				Native American nation, tribe, pueblo, or individual allottee in New Mexico, an
				operator shall file the applicable federal forms with the BLM (as may be
				updated from time to time by the BLM) in lieu of filing the following forms
				with the division:
(1) applications for
				permit to drill, deepen or plug back (C-101),
(2) sundry notices and reports on wells
				(C-103), and
(3) well completion
				or recompletion reports and logs (C-105).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.12 - APPLICATION FOR PERMIT TO DRILL, DEEPEN OR PLUG BACK (Form C-101)

Current through Register Vol. 35, No. 13, July 16, 2024
Form C-101 is the form an operator uses to apply for a permit
				  to drill, deepen, re-enter or plug a well back to a different pool or complete
				  or re-complete a well in an additional pool.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.13 - WELL LOCATION AND ACREAGE DEDICATION PLAT (Form C-102)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Form C-102 is a
				dual purpose form the operator uses to show the well's exact location and the
				acreage dedicated to the well. The form is also used to show the ownership and
				status of each lease contained within the dedicated acreage. When there is more
				than one working interest or royalty owner on a given lease, designation of the
				majority owner et al. is sufficient.
B. An operator shall fill out and certify the
				information required on form C-102 except the well location on the plat. A
				professional surveyor, registered in the state of New Mexico, or surveyor
				approved by the division, shall plot and certify the well location on the plat
				from the section's outer boundaries.
C. An operator shall file amended form C-102
				in the event there is a change in the information the operator previously
				submitted. The operator does not need to provide certification of the well
				location when filing amended form C-102.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.14 - SUNDRY NOTICES AND REPORTS ON WELLS (Form C-103)

Current through Register Vol. 35, No. 13, July 16, 2024
Form C-103 is a dual purpose form the operator files with the
				  appropriate division district office to obtain division approval prior to
				  commencing certain operations and to report various completed
				  operations.
A. Form C-103 as a notice
				of intention.
(1) An operator shall file form
				C-103 and obtain the division's approval prior to:
(a) effecting a change of plans from those
				the division previously approved on form C-101 or form C-103;
(b) altering a drilling well's casing program
				or pulling casing or otherwise altering an existing well's casing
				installation;
(c) making multiple
				completions in a well;
(d) placing
				a well in approved temporary abandonment;
(e) plugging and abandoning a well;
(f) performing remedial work on a well that,
				when completed, will affect the well's original status (this includes making
				new perforations in existing wells or squeezing old perforations in existing
				wells, but does not apply to new wells in the process of being completed nor to
				old wells being deepened or plugged back to another zone when the division has
				authorized the recompletion by an approved form C-101, application for permit
				to drill, re-enter, deepen plug back or add a zone, nor to acidizing,
				fracturing or cleaning out previously completed wells, nor to installing
				artificial lift equipment); or
(g)
				downhole commingling in well bores, within pools or areas that the division has
				established as pre-approved pools or areas.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.15 - REQUEST FOR ALLOWABLE AND AUTHORIZATION TO TRANSPORT OIL AND GAS (Form C-104)

Current through Register Vol. 35, No. 13, July 16, 2024
An operator shall file with the division a complete form
				  C-104 to request the division assign an allowable to a newly completed or
				  re-completed well or a well completed in an additional pool or issue an
				  operator authorization to transport oil or gas from the well.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.16 - WELL COMPLETION OR RECOMPLETION REPORT AND LOG (Form C-105)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 45 days
				following the completion or recompletion of a well, the operator shall file
				form C-105 with the division accompanied by a summary of special tests
				conducted on the well, including drill stem tests. In addition, the operator
				shall file a copy of electrical and radio-activity logs run on the well with
				form C-105. If the division does not receive form C-105 with attached logs and
				summaries within the specified 45-day period, the division shall withhold the
				allowable for the well or suspend injection authority, as appropriate, until
				the operator has complied with 19.15.7.16 NMAC.
B. In the case of a dry hole, a complete
				record of the well on form C-105 with the attachments listed in Subsection A of
				19.15.7.16 NMAC shall accompany the notice of intention to plug the well,
				unless previously filed. The division shall not approve the plugging report or
				release the bond the operator has complied with 19.15.7.16 NMAC.
C. The division shall not keep form C-105 and
				accompanying attachments confidential unless the well's owner requests in
				writing that the division keep it confidential. Upon such request, the division
				shall keep these data confidential for 90 days from the date of the well's
				completion, provided, however, that the report, logs and other attached data
				may, when pertinent, be introduced in a public hearing before division
				examiners, the commission or in a court of law, regardless of the request that
				they be kept confidential.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.17 - NOTICE OF INTENTION TO UTILIZE AUTOMATIC CUSTODY TRANSFER EQUIPMENT (Form C-106)

Current through Register Vol. 35, No. 13, July 16, 2024
An operator intending to use an ACT system shall file form
				  C-106, when applicable, in accordance with Subsection A of
				  19.15.18.15
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.18 - APPLICATION FOR MULTIPLE COMPLETION (Form C-107)

Current through Register Vol. 35, No. 13, July 16, 2024
An operator shall file form C-107, when applicable, in
				  accordance with Subsection A of
				  19.15.16.15
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.19 - APPLICATION FOR AUTHORIZATION TO INJECT (Form C-108)

Current through Register Vol. 35, No. 13, July 16, 2024
An operator shall file form C-108 in accordance with
				  Subsection B of
				  19.15.26.8
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.20 - APPLICATION FOR DISCOVERY ALLOWABLE AND CREATION OF A NEW POOL (Form C-109)

Current through Register Vol. 35, No. 13, July 16, 2024
An operator shall file form C-109, when applicable, in
				  accordance with
				  19.15.20.16
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.21 - GAS TRANSPORTER'S MONTHLY REPORT (Form C-111)

Current through Register Vol. 35, No. 13, July 16, 2024
A. An operator shall complete and maintain
				for the division's inspection, form C-111 monthly in accordance with
				Subsections B, C and D of 19.15.7.21 NMAC. The transporter shall itemize
				information on sheet no. 2 of form C-111 by pool, by operator and by lease, in
				alphabetical order.
B. An operator
				of a gas gathering system, gas transportation system, recycling system, fuel
				system, gas lift system, gas drilling operation, etc. shall complete and
				maintain for division inspection form C-111 each month. The form shall cover
				gas, casinghead gas and carbon dioxide gas taken into a system during the
				preceding month and shall show the gas' source and its disposition.
C. An operator of a gasoline plant, cycling
				plant or other plant at which gasoline, butane, propane, kerosene, oil or other
				products are extracted from gas within the state shall complete and maintain
				for the division's inspection form C-111 each month. The form shall cover gas,
				casinghead gas and carbon dioxide gas the plant has taken during the preceding
				month and shall show the gas' source and its disposition. If an operator owns
				more than one plant in a given division district, the operator shall file sheet
				no. 1 of form C-111 for each plant. In preparing sheet no. 2, the operator
				shall consolidate requisitions for plants in the district, itemized in the
				order described in the Subsection A of 19.15.7.21 NMAC.
D. Where a producer takes gas and uses it for
				any of the above uses, the producer shall complete and maintain for division
				inspection form C-111 itemizing such gas. The producer shall also include this
				gas on form C-115. The producer shall also include gas used on the lease from
				which it was produced for consumption in lease houses, treaters, compressors,
				combustion engines and other similar equipment, or gas that is flared, on the
				form C-115 but shall not include it on form C-111.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.22 - TRANSPORTER'S AND STORER'S MONTHLY REPORT (Form C-112)

Current through Register Vol. 35, No. 13, July 16, 2024
A transporter or storer of oil and liquid hydrocarbons within
				  the state shall complete and maintain for division inspection for each calendar
				  month a form C-112 containing complete information and data indicated by the
				  form respecting stocks of oil and liquid hydrocarbons on hand and receipts and
				  deliveries of oil and liquid hydrocarbons by pipeline and trucks within the
				  state, and receipts and deliveries from leases to storers or refiners; between
				  transporters within the state; between storers and refiners within the
				  state.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.23 - REFINER'S MONTHLY REPORT (Form C-113)

Current through Register Vol. 35, No. 13, July 16, 2024
A refiner of oil within the state shall file for each
				  calendar month form C-113 containing the information and data indicated by the
				  form respecting oil and products involved in the refiner's operation during
				  each month. The refiner shall file the completed form C-113 for each month and
				  postmark it on or before the 15th day of the next succeeding
				  month.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.24 - OPERATOR'S MONTHLY REPORT (Form C-115)

Current through Register Vol. 35, No. 13, July 16, 2024
A. An operator shall file a form C-115 for
				each non-plugged well completion for which the division has approved a form
				C-104 and for each secondary or other enhanced recovery project or pressure
				maintenance project injection well or other injection well within the state,
				setting forth complete information and data indicated on the forms in the
				order, format and style the director prescribes. The operator shall estimate
				oil production from wells producing into common storage as accurately as
				possible on the basis of periodic tests.
B. An operator shall file form C-115 using
				the division's web-based online application on or before the
				15th day of the second month following the month of
				production. An operator may apply to the division for exemption from the
				electronic filing requirement based upon a demonstration that such requirement
				would be an economic or other hardship.
C. If an operator fails to file a form C-115
				that the division accepts, the division shall, within 30 days of the
				appropriate filing date, notify the operator by electronic mail or letter of
				its intent to cancel the operator's authorization to transport or inject if the
				operator does not file an acceptable and complete form C-115. The notice shall
				inform the operator of the right to request a hearing pursuant to
				19.15.4.8
				NMAC. If the operator does not either file an acceptable and complete form
				C-115 or request a hearing on the proposed cancellation within 60 days of the
				original due date of the form C-115, the division may cancel the operator's
				authority to transport from or inject into all wells it operates.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.25 - VENTED AND FLARED NATURAL GAS (Form C-115B)

Current through Register Vol. 35, No. 13, July 16, 2024
A. An operator shall file form C-115B in
				accordance with 19.15.27 NMAC and 19.15.28 NMAC.
B. An operator shall file form C-115B using
				the division's web-based online application on or before the 15th day of the
				second month following the month in which venting or flaring occurred. An
				operator may apply to the division for exemption from the electronic filing
				requirement based upon a demonstration that such requirement would be an
				economic or other hardship.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.26 - GAS-OIL RATIO TESTS (Form C-116)

Current through Register Vol. 35, No. 13, July 16, 2024
An operator shall make and report gas-oil ratio tests on form
				  C-116 as prescribed in
				  19.15.18.8
				  NMAC and applicable special pool orders. The operator shall file the form
				  C-116.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.27 - TANK CLEANING, SEDIMENT OIL REMOVAL, TRANSPORTATION OF MISCELLANEOUS HYDROCARBONS AND DISPOSAL PERMIT (Form C-117-A) AND MONTHLY SEDIMENT OIL DISPOSAL STATEMENT (Form C-117-B)

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				operator shall file form C-117-A with the appropriate division district office
				in accordance with Subsections B, C and H of
				19.15.18.17
				NMAC.
B. An operator shall file
				form C-117-B with the division's Santa Fe office and the appropriate division
				district office in accordance with Subsection D of
				19.15.18.17
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.28 - TREATING PLANT OPERATOR'S MONTHLY REPORT (Form C-118)

Current through Register Vol. 35, No. 13, July 16, 2024
A treating plant operator shall file on a monthly basis form
				  C-118 with the appropriate division district office. The form C-118 shall
				  contain all the information the form requires. Column 1 of sheet 1-A of form
				  C-118 entitled permit number, references form C-117-A, for each lot of oil the
				  operator picked up for processing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.29 - MONTHLY WATER DISPOSAL REPORT (Form C-120-A)

Current through Register Vol. 35, No. 13, July 16, 2024
An operator of a produced water disposal system shall report
				  its operations on form C-120-A. The operator shall file form C-120-A in
				  duplicate, with one copy to the division's Santa Fe office and one copy to the
				  appropriate division district office, and shall postmark the form no later than
				  the 15th day of the second succeeding month.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 7 - FORMS AND REPORTS › Section 19.15.7.30 - PURCHASER'S NOMINATION FORMS (Form C-121 and Form C-121-A)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless the
				director requests otherwise, a person expecting to purchase oil from producing
				wells in New Mexico during the second and third succeeding two months shall
				file form C-121 with the division's Santa Fe office not later than the 20th day
				of each odd-numbered month. As an example, nominations submitted by the 20th
				day of July shall indicate the amount of oil the purchaser desires to purchase
				daily during September and October.
B. The person shall file form C-121-A with
				the division's Santa Fe office by the first day of the month during which the
				division will consider at the gas allowable hearing the nominations for the
				purchase of gas from producing wells in New Mexico during the succeeding month.
				As an example, purchaser's nominations to take gas from a pool during the month
				of August would be considered by the division at a hearing during July, and
				should be submitted to the Santa Fe office of the division by July 1.
C. In addition to the monthly gas
				nominations, the purchaser shall file 12-month nominations in accordance with
				the appropriate special pool orders.