71-9-5. General duties, jurisdiction and authority of the division.
333 words·~2 min read·
/nm/chapter-71-energy-and-minerals/article-9-geothermal-resources-development/71-9-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The division shall regulate the exploration, development and production of geothermal resources on public and private land for the purposes of conservation; protection of correlative rights; protection of life, health, property, natural resources, the environment and the public welfare; and encouraging maximum economic recovery of the geothermal resources. The division may require persons seeking to explore, develop or produce geothermal resources to obtain permits from the division.
B. The division has jurisdiction over all matters relating to the exploration, development and production of geothermal resources. It has jurisdiction, authority and control of all persons, matters and things necessary or proper to enforce effectively the provisions of the Geothermal Resources Development Act, including making investigations and inspections of geothermal projects, facilities and wells.
C. The division may limit and allocate production of geothermal resources as needed to prevent waste whenever the total amount of geothermal resources that may be produced from a geothermal reservoir is limited. The division shall allocate and distribute the allowable production, insofar as is practicable, to afford each ownership or lease interest in a geothermal reservoir the opportunity to produce its just and equitable share of the geothermal resources in the reservoir.
D. The division shall have exclusive authority to regulate injection into geothermal wells pursuant to the Geothermal Resources Development Act and shall have exclusive authority over matters related to the protection of natural resources, property, health and public welfare as they relate to geothermal injection wells.
E. The division shall:
(1)administer laws and rules relating to geothermal resources, except those laws specifically administered by another authority;
(2)administer the geothermal projects development fund and geothermal projects revolving loan fund and ensure that all applicable state economic development incentive programs are used for grants and loans from those funds;
(3)apply for federal grants related to geothermal resources development; and
(4)foster the growth of geothermal resources in New Mexico.
History: Laws 2016, ch. 71, § 5; 2016, ch. 78, § 5; 2024, ch. 55, § 3.