New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 15 - OIL AND GAS
Part 39 - SPECIAL RULES
Section 19.15.39.9 - SPECIAL PROVISIONS FOR SANTA FE COUNTY AND THE GALISTEO BASIN
Universal Citation: 19 NM Admin Code 19.15.39.9
Current through Register Vol. 35, No. 18, September 24, 2024
A. Applicability. The operator shall obtain division approval for an exploration and development plan prior to drilling, re-entering or deepening a well located in the Galisteo basin, and shall operate the wells covered by the exploration and development plan in accordance with the exploration and development plan's requirements until the exploration and development plan is specifically replaced by a special pool order. Approval of an exploration and development plan does not relieve an operator from its responsibility to obtain any permit required pursuant to the Oil and Gas Act for its activities conducted under the exploration and development plan. The operator shall renew an approved exploration and development plan every five years. The Galisteo basin includes:
(1) the surveyed portions of the following
sections in Sandoval county:
(a) township 15
north, range 5 east, sections 13 and 25;
(b) township 15 north, range 6 east, sections
10 through 30 and 32 through 36;
(c) township 14 north, range 6 east, sections
1 through 4, 9 through 15, 22 through 26 and 35 and 36;
(d) township 13 north, range 6 east, sections
1 and 2;
(2) the
surveyed portions of the following sections in San Miguel county:
(a) township 15 north, range 12 east,
sections 19 and 29 through 32;
(b)
township 14 north, range 12 east, sections 4 through 10, 13 through 24, and 27
through 33;
(c) township 13 north,
range 12 east, sections 4 through 9 and 16 through 21;
(3) the surveyed portions of the following
sections in Santa Fe county:
(a) township 17
north, range 10 east, sections 35 and 36;
(b) township 17 north, range 11 east,
sections 30 through 32;
(c)
township 16 north, range 9 east, sections 26, 34 and 35;
(d) township 16 north, range 10 east,
sections 1, 2, 10 through 17, 20 through 28 and 33 through 36;
(e) township 16 north, range 11 east,
sections 5 through 8, 16 through 21 and 28 through 33;
(f) township 15 north, range 7 east, sections
7 through 9 and 14 through 36;
(g)
township 15 north, range 8 east, sections 19 and 22 through 26;
(h) township 15 north, range 9 east, sections
2 through 4, 7 through 10, 14 through 23 and 25 through 36;
(i) township 15 north, range 10 east,
sections 1 through 3, 11 through 13, 24, 25, 30 through 32 and 36;
(j) township 15 north, range 11 east,
sections 3 through 36;
(k) township
14 north, range 7 east, sections 1 through 19, 21 through 24, 30 and
31;
(l) township 14 north, range 8
east, sections 1 through 10, 12 through 30 and 36;
(m) township 14 north, range 9 east, all
sections;
(n) township 14 north,
range 10 east, sections 1, 2 5 through 24, 29 and 30;
(o) township 14 north, range 11 east,
sections 1 through 28 and 33 through 36;
(p) township 13 north, range 7 east, sections
6 and 7;
(q) township 13 north,
range 8 east, sections 1, 12 through 14, 23 through 26, 35 and 36;
(r) township 13 north, range 9 east, all
sections;
(s) township 13 north,
range 11 east, sections 1 through 4, 9 through 16, 21 through 24, 27, 28, 33
and 34;
(t) township 12 north,
range 8 east, sections 1, 2, 11 through 16, 21 and 22;
(u) township 12 north, range 9 east, sections
2 through 11, 13 through 15, 18, 23 and 24;
(v) township 12 north, range 10 east,
sections 18 through 20, 29, 30 and 32 through 36;
(w) township 12 north, range 11 east,
sections 3, 4, 9, 10, 15, 16, 21, 22, 28, 29 and 31 through 33;
(x) township 11 north, range 10 east,
sections 1 through 4;
(4) the un-surveyed area in Santa Fe county
bounded by the surveyed portions of township 14 north, range 8 east, sections 1
through 3, 10 and 12 through 15;
(5) the un-surveyed area in Santa Fe county
bounded by:
(a) the surveyed portions of:
(i) township 16 north, range 10 east,
sections 17, 20, 21, 28, 33 and 34;
(ii) township 15 north, range 10 east,
sections 3, 2, 11 through 13, 24, 25 and 36;
(iii) township 14 north, range 10 east,
sections 1, 2, 11, 10, 15, 22, 21, 16, 9, 8 and 5;
(iv) township 15 north, range 10 east,
sections 32 through 30;
(v)
township 15 north, range 9 east, sections 25, 26, 35, 26, 23, 14, 15, 10, 3 and
2;
(vi) township 16, north, range 9
east, sections 35 and 26;
(b) and then from the north eastern corner of
the surveyed portion of township 16 north, range 9 east, section 26 to the
northwestern corner of the surveyed portion of township 16 north, range 10
east, section 17;
(6)
the un-surveyed area in Santa Fe county bounded by the surveyed portions of:
(a) township 14 north, range 11 east,
sections 19 through 21, 28 and 33;
(b) township 13 north, range 11 east,
sections 4, 9, 16, 21, 28 and 33;
(c) township 12 north, range 11 east,
sections 4, 9, 16, 21, 28, 33, 32, 29 and 31;
(d) township 12 north, range 10 east,
sections 36 through 32, 29 and 20 through 18;
(e) township 12 north, range 9 east, sections
24, 13, 14, 11 and 2;
(f) township
13 north, range 9 east, sections 36, 25, 24, 13, 12, 1 and 2;
(g) township 14 north, range 9 east, sections
35, 36, 25, 30, 29 and 20 through 24;
(7) the un-surveyed area in Santa Fe county
bounded by:
(a) the surveyed portions of:
(i) township 13 north, range 7 east, sections
7 and 6;
(ii) township 14 north,
range 7 east, sections 31, 30, 19 through 16 and 21 through 24;
(iii) township 14 north, range 8 east,
sections 30 through 25 and 36;
(iv)
township 13 north, range 8 east, sections 1, 12 through 14, 23, 26 and
35;
(v) township 12 north, range 8
east, sections 2, 11 and 14 through 16;
(vi) township 12 north, range 8 east,
sections 21 and 22; and
(b) and then from the northwest corner of the
surveyed portion of township 12 north, range 8 east, section 16 to the
northeast corner of the surveyed portion of township 12 north, range 7 east,
and then to the southeast corner of the surveyed portion of township 13 north,
range 7 east, section 7.
B. Application for exploration and development plan. An operator applying for approval of an exploration and development plan shall file two copies of the application with the division's Santa Fe office and file a copy of the application with the appropriate division district office or offices. The application shall include:
(1) the operator's name, address and
telephone number, with an e-mail address and facsimile number if
available;
(2) a legal description
of the area to be covered by the exploration and development plan including at
a minimum the area subject to surface disturbance by the wells or related
facilities the operator proposes to install and the operator's good-faith
estimate of the productive area, which in no case may be smaller than the
applicable spacing unit or units for the proposed wells;
(3) identification of the target zone or
zones;
(4) a topographic map of the
area to be covered by the proposed exploration and development plan and one
half mile beyond the boundary of that area;
(5) a map or maps of the area to be covered
by the proposed exploration and development plan and one half mile beyond the
boundary of that area plotting the following, with global positioning system
coordinates to the sixth decimal point for un-surveyed areas:
(a) state, federal, private or tribal surface
ownership;
(b) municipal and county
boundaries;
(c) farms;
(d) all buildings and infrastructure
including but not limited to highways and roads, railroads, pipelines, power
lines, antennas, wind turbines, solar farms and mines (surface and
subsurface);
(e) watercourses,
sinkholes, playas and unstable areas;
(f) municipal fresh water well fields covered
under a municipal ordinance adopted pursuant to NMSA 1978, Section
3-27-3,
as amended;
(g) water wells and
wellhead protection areas;
(h) all
existing oil and gas wells regardless of status, including inactive wells,
wells that have been plugged and wells that have been plugged and released;
and
(i) the location of proposed
exploratory wells and related facilities, including but not limited to tank
batteries, gathering lines, waste disposal facilities, compressor stations and
access roads;
(6) a
hydrogeologic and site report that provides sufficient information and detail
on the area's topography, soils, geology, surface hydrology and ground water
hydrology to enable the division to evaluate the actual and potential effects
on soils, surface water and ground water;
(7) proposed plans for:
(a) installing monitor wells to determine
depth to water and saturated thickness, obtain baseline water samples and
detect releases;
(b) a drilling
program describing the air drilling program or mud program to be
used;
(c) a mud-logging program,
including submission of a copy of the mud log sheet and a description of the
mud-logger's daily report, which shall include at a minimum information on the
total depth reached, the footage drilled in the preceding 24 hours, oil and gas
intervals, fresh water zones and mud parameters including mud weight,
chlorides, funnel viscosity and filtrate properties;
(d) addressing wastes generated during the
drilling and production processes;
(e) minimizing pad size and consolidating
facilities; and
(f) developing the
area if the exploratory wells are productive, including the operator's estimate
of the number and location of development wells and related
facilities;
(8) a
written contingency plan for all releases, with no exclusion for de minimus
amounts, which shall include:
(a) best
management practices for the prevention and detection of releases and
procedures for early detection of releases;
(b) instructions for notifying appropriate
responders, with a contact list including current names, telephone numbers,
e-mail addresses, facsimile numbers and addresses;
(c) identification of applicable equipment,
materials and supplies available locally or regionally to respond to releases,
with advance arrangements for acquiring the equipment, materials and supplies;
and
(d) response plans based on the
severity and nature of the release;
(9) if cultural resources listed in either
the national register of historic places or the state register of cultural
properties, known cemeteries or unmarked human burials are located in the area
included in the proposed exploration and development plan or within one half
mile of the area included in the exploration and development plan, the
information in 4.10.7.9 NMAC including a description of the effects the
proposed operations may have on these sites and proposed mitigation
measures;
(10) any proposed
exceptions to the requirements set out in Subsection B of 19.15.39.10 NMAC and
evidence that operating in accordance with the proposed exceptions will prevent
waste, protect correlative rights, protect fresh water and protect human health
and the environment;
(11) a
proposed legal notice complying with Subsection F of 19.15.39.9 NMAC;
(12) other information that the division may
require to demonstrate that the exploration and development plan will prevent
waste, protect correlative rights, protect fresh water, protect human health
and the environment, and will assure the division that operation of the
exploration and development plan will comply with division rules and division
or commission orders; and
(13)
certification by the operator that the information submitted in the application
is true, accurate and complete to the best of the operator's knowledge, after
reasonable inquiry.
C. Amendments to exploration and development plans. An operator shall obtain an approved amendment to its exploration and development plan prior to expanding the area covered by the plan, increasing the number or changing the locations of proposed wells or related facilities or changing the terms of the proposed exploration and development plan. An operator applying for an amendment to an exploration and development plan shall file two copies of the application with the division's Santa Fe office and file a copy of the application with the appropriate division district office or offices. The application shall:
(1) describe the proposed amendment or
amendments;
(2) update the
information provided in the original application pursuant to Subsection B of
19.15.39.9 NMAC; and
(3) provide a
proposed legal notice complying with Subsection F of 19.15.39.9 NMAC.
D. Renewals of exploration and development plans.
(1) An operator applying
for renewal of its exploration and development plan shall file two copies of
the application with the division's Santa Fe office and file a copy of the
application with the appropriate division district office or offices. The
application shall:
(a) update the information
provided pursuant to Subsection B of 19.15.39.9 NMAC; and
(b) provide a proposed legal notice complying
with Subsection F of 19.15.39.9 NMAC.
(2) The operator may combine an application
to renew its exploration and development plan with an application to amend the
exploration and development plan.
E. Replacement of an exploration and development plan with a special pool order.
(1) An operator who has operated wells under
an approved exploration and development plan may apply for approval to replace
the exploration and development plan with a special pool order. The operator
shall demonstrate to the division's satisfaction that the hydrology, geology
and reservoir characteristics within the area that the exploration and
development plan covers have been sufficiently defined to protect fresh water,
human health and the environment.
(2) A special pool order replacing an
approved exploration and development plan shall designate a pool applying to a
specific producing formation or formations within the area included in the
approved exploration and development plan it replaces.
(3) An operator may drill wells within the
horizontal and vertical limits of the pool designated by the special pool order
and conduct oil and gas operations within the horizontal limits of that pool
without obtaining an approved exploration and development plan that would
otherwise be required by 19.15.39.9 NMAC. The operator shall comply with the
terms of the special pool order and obtain any permits required for its
operations required by law.
(4) A
well drilled outside the horizontal limits of the pool designated by the
special pool order shall not be classified as a development well for the pool
designated by the special pool order pursuant to 19.15.15.8 NMAC and is subject
to the requirements of 19.15.39.9 NMAC.
(5) An operator applying for approval to
replace the exploration and development plan with a special pool order shall
file two copies of the application with the division's Santa Fe office and file
a copy of the application with the appropriate division district office or
offices. The application shall:
(a) describe
provisions to be included in the special pool order to protect fresh water and
to protect human health and the environment;
(b) update the information provided pursuant
to Subsection B of 19.15.39.9 NMAC; and
(c) provide a proposed legal notice complying
with Subsection F of 19.15.39.9 NMAC.
F. Legal notice. Legal notice of an application for a proposed exploration and development plan or an application to amend, renew or replace an existing exploration and development plan shall be written in English and Spanish and shall include:
(1) the operator's name, address and
telephone number, and an e-mail address and facsimile number if
available;
(2) a legal and a common
description of the area that the exploration and development plan
covers;
(3) in the case of an
application for an exploration or development plan, a summary of the proposed
plan including the number and location of proposed exploratory and development
wells and related facilities;
(4)
in the case of an application to amend an existing exploration and development
plan, a summary of the existing exploration and development plan and a summary
of the proposed amendment;
(5) in
the case of an application to renew an existing exploration and development
plan, a summary of the existing exploration and development plan;
(6) in the case of an application to replace
an existing exploration and development plan, a summary of the provisions to be
included in the special pool order to protect fresh water and protect human
health and the environment;
(7)
instructions for viewing the application on the division's website or at the
appropriate division district office or offices;
(8) instructions for filing written public
comments on the application with the division clerk in the division's Santa Fe
office;
(9) if the application has
been set for hearing, the date, time and location of the public hearing;
and
(10) instructions for being
placed on a division contact list to receive notice of future applications and
legal notices related to the exploration and development
plan.
G. Application completeness.
(1) Within 60 days of receiving
an application for an exploration and development plan or an application to
amend, renew or replace an existing exploration and development plan, the
division shall notify the operator in writing of its determination on whether
the application is complete. An application is complete if it contains all the
information required by 19.15.39.9 NMAC.
(2) If the division determines that the
application is complete, the division shall:
(a) notify the operator in writing that the
application is complete;
(b)
provide the operator with an approved legal notice;
(c) provide the operator with a copy of the
current contact list of individuals and entities requesting notice of actions
related to the exploration and development plan;
(d) distribute notice of the application with
its next division or commission docket;
(e) post the approved legal notice and the
application on the division's website, with information that is confidential
under NMSA 1978, Section
18-6-11.1
redacted from the application; and
(f) provide a copy of the complete
application to the state historic preservation officer with a request for
review and comment.
(3)
If the division determines that the application is not complete, the division's
written notification to the operator shall identify the deficiencies.
(4) The operator may re-submit an
application to correct deficiencies, correct errors or add information. The
division's receipt of a re-submittal triggers a new 30 day period for the
division to notify the operator of the division's determination on
completeness.
H. Public notice. Within 20 days of receiving an approved legal notice and the division's determination that an application is complete, the operator shall:
(1) publish the approved legal notice in
English and Spanish in a display advertisement in a newspaper of general
circulation in the affected county or counties;
(2) mail the approved notice by certified
mail, return receipt requested, to:
(a)
holders of mineral interests in the area covered by the exploration and
development plan and the area within one half mile of the boundary of the
exploration and development plan if they have not already agreed to participate
in the exploration and development plan;
(b) surface interest owners in the area
covered by the exploration and development plan and the area within one half
mile of the boundary of the exploration and development plan;
(c) the governor, chairperson or president of
each tribe, pueblo and nation located in or partially located in New
Mexico;
(d) the governments of
counties and municipalities located within or partially located within the area
covered by the exploration and development plan or the area within one half
mile of the boundary of the exploration and development plan;
(e) the state historic preservation officer;
and
(f) the department of game and
fish; and
(3) mail the
approved notice of hearing by first class mail or transmit the notice of
hearing by electronic mail to those individuals and entities on the division's
contact list for the exploration and development plan.
I. Public hearings.
(1) The division shall set all applications
for approval of exploration and development plans for public hearing, with the
public hearing to be set no sooner than 60 days after the operator serves
public notice.
(2) The division may
hold a public hearing on an application to amend, renew or replace an existing
exploration and development plan. The division may approve the amendment,
renewal or replacement administratively unless the director determines that the
amendment, renewal or replacement is sufficiently substantial that public
notice and public participation are appropriate.
(3) If the division acts administratively to
deny an application to amend, renew or replace an existing exploration and
development plan, or acts administratively to approve an amendment, renewal or
replacement of an existing exploration and development plan with conditions or
terms, the operator may, within 30 days of receipt of the administrative order,
file an application for hearing on the application. The division shall set the
application for public hearing.
(4)
If the division sets for public hearing an application to amend, renew or
replace an existing exploration or development plan, the operator shall submit
to the division's Santa Fe office for approval a notice of hearing containing
the information required by Subsection F of 19.15.39.9 NMAC and, at least 30
days prior to the hearing date:
(a) publish
the approved notice of hearing in a newspaper of general circulation in the
county or counties in the area that the exploration and development plan covers
and within one half mile of the boundary of the area that the exploration and
development plan covers;
(b) mail
the approved notice of hearing by to those persons and entities entitled to
public notice under Paragraph (2) of Subsection H of 19.15.39.9 NMAC;
and
(c) mail the approved notice of
hearing by first class mail or transmit the notice of hearing by electronic
mail to those individuals and entities on the division's contact list for the
exploration and development plan.
J. Plan approvals, conditions, denials, amendments, revocations, renewals, transfers and replacements.
(1) The division may approve an exploration
and development plan for a period not to exceed five years. The division may
renew an exploration and development plan for additional periods not to exceed
five years.
(2) The division may
approve an application for an exploration and development plan or an
application to amend, renew or replace an existing exploration and development
plan if the operator proves that:
(a) the
operator is in compliance with Subsection A of 19.15.5.9 NMAC;
(b) the application provides the information
required by 19.15.39.9 NMAC;
(c)
the operator has provided the notice required by 19.15.39.9 NMAC; and
(d) approval of the application will prevent
waste, protect correlative rights, protect fresh water and protect human health
and the environment.
(3)
The division may impose conditions on its approval of an application for an
exploration and development plan or an amendment or renewal of an exploration
and development plan if the division determines that the conditions are
necessary to prevent waste, protect correlative rights, protect fresh water and
protect human health or the environment.
(4) The division may include provisions in a
special pool order that replaces an exploration and development plan if the
division determines that the provisions are necessary to prevent waste, protect
correlative rights, protect fresh water or protect human health and the
environment.
(5) After notice to
the operator and hearing, the division may revoke approval of an exploration
and development plan and require wells that the exploration and development
plan covers to be shut-in if the operator is out of compliance with the
exploration and development plan or is out of compliance with Subsection A of
19.15.5.9 NMAC.
(6) If an
exploration and development plan expires and the operator has not filed an
application to renew the exploration and development plan, the operator shall
shut-in the wells that the exploration and development plan covers. If the
operator has filed an application to renew the exploration and development plan
prior to its expiration, the operator may continue to operate wells that the
exploration and development plan covers until a final order is issued on the
application for renewal.
(7) The
exploration and development plan shall remain in effect until revoked, amended
or replaced pursuant to 19.15.39.9 NMAC.
(8) In the event another operator becomes
operator of record of wells subject to the exploration and development plan,
the new operator shall be bound by the terms of the applicable approved
exploration and development plan or special pool order.
(9) Approval of an exploration and
development plan or an application to amend, renew or replace an exploration
and development plan does not relieve an operator of responsibility for
complying with any other applicable federal, state or local statutes, rules or
regulations or ordinances.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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