HOUSE AGRICULTURE, ACEQUIAS AND WATER RESOURCES

COMMITTEE SUBSTITUTE FOR

HOUSE BILL 34

57th legislature - STATE OF NEW MEXICO - first session, 2025

AN ACT

RELATING TO THE ENVIRONMENT; REQUIRING THE OIL CONSERVATION DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT AND THE OIL CONSERVATION COMMISSION TO IMPLEMENT THE OIL AND GAS ACT IN A MANNER THAT PROTECTS PUBLIC HEALTH AND THE ENVIRONMENT.

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

     SECTION 1. Section 70-2-11 NMSA 1978 (being Laws 1935, Chapter 72, Section 9, as amended) is amended to read:

     "70-2-11. POWER OF COMMISSION AND DIVISION TO PREVENT WASTE AND PROTECT CORRELATIVE RIGHTS.--

          A. The division is hereby empowered and it is its duty to prevent waste prohibited by [this] the Oil and Gas Act, [and to] protect correlative rights as [in this act] provided in that act and implement that act in a manner that protects public health and the environment. To that end, the division [is empowered to] may make and enforce rules, regulations and orders and [to] do whatever may be reasonably necessary to carry out the purpose of [this] that act, whether or not indicated or specified in any section [hereof] of that act.

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

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