New Mexico Register / Volume XXXVII, Issue 18 / September 22, 2026

This is an amendment to 19.15.5 NMAC, Section 9, effective 9/22/2026.

19.15.5.9 COMPLIANCE:

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] currently meets the requirements of 19.15.25.8 NMAC or is 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; and

[(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.]

(5) currently meets the requirements of Subsections A to D of 19.15.27.8 NMAC.

B. Inactive wells.

(1) The division shall make available on its website, and update daily, an “inactive well list” listing each well, by operator, that according to division records:

(a) shows no production or injection for past [15] 14 months or has had a final determination of no beneficial use under 19.15.25.9 NMAC;

(b) does not have its well bore plugged in accordance with [19.15.25.9] 19.15.25.10 NMAC through [19.15.25.11] 19.15.25.12 NMAC;

(c) is not in approved temporary abandonment in accordance with [19.15.25.12] 19.15.25.13 NMAC through [19.15.25.14] 19.15.25.15 NMAC; and

(d) is not subject to an agreed compliance or final order setting a schedule for bringing the well into compliance with 19.15.25.8 NMAC.

(2) A well inactive for more than [15] 14 months creates a rebuttable presumption that the well is out of compliance with 19.15.25.8 NMAC.

C. Financial assurance. The division shall make available on its website and update weekly the status of operators’ financial assurance that 19.15.8 NMAC requires, according to division records.

[19.15.5.9 NMAC - Rp, 19.15.1.40 NMAC, 12/1/2008; A, 11/30/2016, A, 2/25/2020; A, 9/22/2026]