N.M. Code R. § 19.15.23.9
Off-lease transportation or storage prior to measurement:
A. The division may grant exceptions to the requirements of Subsection B of 19.15.12.9 NMAC administratively, without hearing, to permit production from one lease to be transported prior to measurement to another lease for storage on that lease when:
(1) the operator files an application for off-lease transportation or storage prior to measurement on form C-107-B with the division’s Santa Fe office and sends one copy to the appropriate division district office;
(2) the production is from the same common source of supply;
(3) commingling of production from different leases will not result;
(4) there will be no intercommunication of the handling, separating, treating or storage facilities designated to each lease;
(5) parties owning working interests in the production to be transported off lease prior to measurement have been notified of the application in accordance with 19.15.4.12 NMAC and have consented in writing, or the applicant furnishes proof that the parties were notified by registered or certified mail of its intent to transport the production from one lease to another lease for storage prior to measurement, and after a period of 20 days following receipt of the application, no party has filed objection to the application with the division; and
(6) if state, federal or tribal lands are involved, the operator has notified the state land office or the BLM, as applicable.
B. The division may set for hearing an application for approval of off-lease transportation or storage prior to measurement, in which event notice of hearing shall be given, pursuant to 19.15.4.12 NMAC, to owners of working interests in the production to be transported off lease prior to measurement, and to such other owners as the division may direct.
HISTORY of 19.15.23 NMAC:
History of Repealed Material: 19.15.5 NMAC, Oil Production Operating Practices (filed 04/27/2000) and 19.15.10 NMAC, Oil Purchasing and Transporting (filed 4/16/2003) repealed 12/1/08.
NMAC History:
Those applicable portions of 19.15.5 NMAC, Oil Production Operating Practices (Section 303) (filed 04/27/2000) and 19.15.10 NMAC, Oil Purchasing and Transporting (Section 804) (filed 4/16/2003) were replaced by 19.15.23 NMAC, Off Lease Transport of Crude Oil or Contaminants, effective 12/1/08.
[19.15.23.9 NMAC - Rp, 19.15.5.303 NMAC, 12/1/08]