N.M. Code R. § 19.2.7.41
Surface Operations
Effective May 1, 2026State of New Mexico
- A. No person shall begin on-site exploration, development or production of geothermal resources without an operation plan approved in writing by the state land office addressing (i) well pad layout and design; (ii) a description of existing and planned access roads; (iii) a description of all ancillary facilities; (iv) the source of drill pad and road building material; (v) the source of water or fluid used; (vi) a description of procedures to be used to protect the environment and other resources; (vii) plans for reclamation; and (viii) all other information that the state land office may require. The operation plan must include complete geological and engineering data presented in clear and understandable form. The commissioner shall keep such data confidential for a period of six months or until such plan is approved, whichever occurs first, after which such data will be made a permanent part of the records and open for public inspection. Upon request, the commissioner may in writing approve maintaining the confidentiality of data for a longer period of time. If for any reason such proposed plan is not approved, the commissioner shall, upon request, return it to the person submitting it along with the accompanying data. The state land office may request updated information from the operator as the commissioner deems necessary, the operation plan may be updated from time to time, and the commissioner may allow a variance from the operation plan, which approval must be express and in writing signed by the commissioner or the commissioner’s designee.
- B. In addition to requiring compliance with the operation plan approved in accordance with Subparagraph A of 19.2.7.41 NMAC, state land office personnel may, from time to time, recommend compliance with reasonable use of the surface and prudent operator standards other than those specified in the approved operation plan.
- C. The lessee shall ensure that all persons engaged in operations under the geothermal lease remove from the leased premises all surface trash and debris caused by their operations and shall keep such premises free and clear of such trash and debris. As used in 19.2.7.41 NMAC, "surface trash and debris" means all nonoperational and nonessential equipment resulting from drilling and other operations under the geothermal lease and includes, but is not limited to, garbage, rubbish, junk or scrap.
- D. All access roads shall be built, maintained and reclaimed in accordance with 19.2.20 NMAC.
[19.2.7.41 NMAC - Rp, 19.2.7.41 NMAC, 5/1/2026]