New Mexico Register / Volume XXXVI, Issue 14 / July 29, 2025
This is an amendment to 19.15.14 NMAC,
Section 9 and 10, effective 07/29/2025.
19.15.14.9 APPLICATIONS: An operator shall
file a complete form C-101 and complete form C-102 with the division and meet
the following requirements, if applicable:
A. an
applicant for a permit to drill a well within the corporate limits of a city,
town or village shall give notice to the duly constituted governing body of the
city, town or village or its duly authorized agent and certify on form C-101
that it gave such notice;
B. an
applicant for a permit to drill in a quarter-quarter section containing an
existing well or wells operated by another operator shall concurrently file a
plat or other acceptable document locating and identifying the well or wells,
furnish a copy of the application to the other operator or operators in the
quarter-quarter section and certify on form C-101 that it furnished the copies;
and
C. an applicant for a permit to drill,
deepen or plug back shall certify that they will not
introduce any additives that contain PFAS
chemicals in the completion or recompletion of the well; and
[C.]
D. an applicant for a
permit to operate a well in a spacing or proration unit containing an existing
well or wells operated by another operator shall also comply with Subsection B
of 19.15.15.12 NMAC.
[19.15.14.9 NMAC - Rp, 19.15.3.102 NMAC and
19.15.13.1101 NMAC, 12/1/2008; A, 7/29/2025]
19.15.14.10 APPROVAL OR DENIAL OF A PERMIT TO DRILL, DEEPEN OR PLUG BACK:
A. The director or the director’s
designee may deny a permit to drill, deepen or plug back if the applicant is
not in compliance with 19.15.14.9 NMAC and Subsection A of 19.15.5.9
NMAC. In determining whether to grant or
deny the permit, the director or the director’s designee shall consider such
factors as whether the non-compliance with Subsection A of 19.15.5.9 NMAC is
caused by the operator not meeting the financial assurance requirements of
19.15.8 NMAC, being subject to a division or commission order finding the
operator to be in violation of an order requiring corrective action, having a
penalty assessment that has been unpaid for more than 70 days since the
issuance of the order assessing the penalty or having more than the allowed
number of wells out of compliance with 19.15.25.8 NMAC. If the non-compliance is caused by the
operator having more than the allowed number of wells not in compliance with
19.15.25.8 NMAC, the director or director’s designee shall consider the number
of wells not in compliance, the length of time the wells have been out of
compliance and the operator’s efforts to bring the wells into compliance.
B. The division may impose conditions on
an approved permit to drill, deepen or plug back.
C. If the division denies the permit it shall return the form C-101 to the applicant with
the cause for rejection stated.
[19.15.14.10 NMAC - Rp, 19.15.3.102 NMAC
and 19.15.13.1101 NMAC, 12/1/2008: A, 7/29/2025]