Except as provided in this section, the commissioner may not lease under a planning and development lease any trust land currently leased under an existing surface lease unless the existing lessee relinquishes the lessee’s interest in the trust land or the commissioner exercises any right of withdrawal of land which the commissioner may have. Notwithstanding the foregoing, the commissioner may determine that a proposed planning and development lease will not unreasonably interfere with the authorized uses under an existing lease, and may allow a new planning and development lease in compliance with the following requirements.

1. A. The new planning and development lease shall identify the existing lease, shall state that the new planning and development lessee’s rights and privileges are subject to the existing lessee’s rights and privileges under the existing lease, unless waived or amended, and shall provide that the new planning and development lessee will not interfere with the uses permitted under the existing lease.

2. B. The existing lessee must consent in writing to the new planning and development lease unless the commissioner previously reserved the right to execute such a lease under the terms of the existing lease.

   HISTORY of 19.2.22 NMAC:

   History of Repealed Material:

   19.2.22 NMAC, Planning and Development Leases filed 10/15/09 repealed effective, 11/30/2012 and replaced with 19.2.22 NMAC, Planning and Development Leases effective, 11/30/2012

[19.2.22.22 NMAC - Rp, 19.2.22.18, 11/30/2012; A, 6/11/2019]