46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO NATURAL RESOURCES; PROVIDING FOR REGULATION AND CONSERVATION OF HELIUM AND OTHER NON-HYDROCARBON GASES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 70-2-34 NMSA 1978 (being Laws 1935, Chapter 72, Section 28, as amended) is amended to read:

"70-2-34. REGULATION, CONSERVATION AND PREVENTION OF WASTE OF CARBON DIOXIDE [GAS], HELIUM AND OTHER NON-HYDROCARBON GASES.--

A. The oil conservation division [is hereby vested with the authority and duty of regulation and conserving] shall adopt and administer rules on the conservation, the production [of and preventing] and the prevention of waste of carbon dioxide [gas within this state], helium and other non-hydrocarbon gases in the same manner [insofar as is practicable] as it regulates, conserves and prevents waste of natural or hydrocarbon gas. Where applicable, the provisions of [this] the Oil and Gas Act relating to gas or natural gas shall also apply to carbon dioxide, [gas insofar as the same are applicable. "Carbon dioxide gas", as used herein shall mean noncombustible gas composed chiefly of carbon dioxide occurring naturally in underground rocks] helium and other non-hydrocarbon gases.

B. The commission shall have concurrent jurisdiction and authority with the oil conservation division to the extent necessary for the commission to perform its duties as required by law.

C. As used in this section:

(1) "carbon dioxide" means a noncombustible gas composed chiefly of carbon dioxide occurring naturally in underground rocks;

(2) "helium" means a gas composed of the elemental gas helium and found in underground rocks, often along with other gases; and

(3) "other non-hydrocarbon gases" means noncombustible gases found in underground rocks, often along with other gases."