New Mexico § 70-2-14 - Requirement for financial assurance
Full text of New Mexico New Mexico Statutes Annotated § 70-2-14 — Requirement for financial assurance, with citation guidance and answers to common questions.
§ 70-2-14. Requirement for financial assurance
A. Each person, firm, corporation or association who operates any oil, gas or service
well within the state shall, as a condition precedent to drilling or producing the
well, furnish financial assurance in the form of an irrevocable letter of credit or
a cash or surety bond or a well-specific plugging insurance policy pursuant to the
provisions of this section to the oil conservation division of the energy, minerals
and natural resources department running to the benefit of the state and conditioned
that the well be plugged and abandoned in compliance with the rules of the oil conservation
division. The oil conservation division shall establish categories of financial assurance
after notice and hearing. Such categories shall include a blanket plugging financial assurance, which shall
be set by rule in an amount not to exceed two hundred fifty thousand dollars ($250,000),
a blanket plugging financial assurance for temporarily abandoned status wells, which
shall be set by rule at amounts greater than fifty thousand dollars ($50,000), and
one-well plugging financial assurance in amounts determined sufficient to reasonably
pay the cost of plugging the wells covered by the financial assurance. In establishing categories of financial assurance, the oil conservation division
shall consider the depth of the well involved, the length of time since the well was
produced, the cost of plugging similar wells and such other factors as the oil conservation
division deems relevant. The oil conservation division shall require a one-well financial assurance on any
well that has been held in a temporarily abandoned status for more than two years
or, at the election of the operator, may allow an operator to increase its blanket
plugging financial assurance to cover wells held in temporarily abandoned status. All financial assurance shall remain in force until released by the oil conservation
division. The oil conservation division shall release financial assurance when it is satisfied
the conditions of the financial assurance have been fully performed. B. If any of the requirements of the Oil and Gas Act or the rules promulgated pursuant
to that act have not been complied with, the oil conservation division, after notice
and hearing, may order any well plugged and abandoned by the operator or surety or
both in accordance with division rules. If the order is not complied with in the time period set out in the order, the financial
assurance shall be forfeited. C. When any financial assurance is forfeited pursuant to the provisions of the Oil
and Gas Act or rules promulgated pursuant to that act, the director of the oil conservation
division shall give notice to the attorney general, who shall collect the forfeiture
without delay. D. All forfeitures shall be deposited in the state treasury in the oil and gas reclamation
fund. E. When the financial assurance proves insufficient to cover the cost of plugging
oil and gas wells on land other than federal land and funds must be expended from
the oil and gas reclamation fund to meet the additional expenses, the oil conservation
division is authorized to bring suit against the operator in the district court of
the county in which the well is located for indemnification for all costs incurred
by the oil conservation division in plugging the well. All funds collected pursuant to a judgment in a suit for indemnification brought
under the provisions of this section shall be deposited in the oil and gas reclamation
fund. F. An operator required to file financial assurance for a well pursuant to this section
is considered to have met that requirement if the operator obtains a plugging insurance
policy that includes the specific well and that: (1) is approved by the office of superintendent of insurance; (2) names the state of New Mexico as owner of the policy and contingent beneficiary; (3) names a primary beneficiary who agrees to plug the specified wellbore; (4) is fully prepaid and cannot be canceled or surrendered; (5) provides that the policy continues in effect until the specified wellbore has
been plugged; (6) provides that benefits will be paid when, but not before, the specified wellbore
has been plugged in accordance with rules of the oil conservation division in effect
at the time of plugging; and (7) provides benefits that are not less than an amount equal to the one-well financial
assurance required by oil conservation division rules. G. If, subsequent to an operator obtaining an insurance policy as provided in this
section, the one-well financial assurance requirement applicable to the operator's
well is increased, either because the well is deepened or the rules of the oil conservation
division are amended, the operator is considered to have met the revised requirement
if: (1) the existing policy benefit equals or exceeds the revised requirement; (2) the operator obtains an amendment increasing the policy benefit by the amount
of the increase in the applicable financial assurance requirement; or (3) the operator obtains financial assurance equal to the amount, if any, by which
the revised requirement exceeds the policy benefit.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 70-2-14
What does New Mexico Statutes Annotated § 70-2-14 cover?
Section 70-2-14 ("Requirement for financial assurance") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 70-2-14?
A common citation format is "New Mexico Statutes Annotated § 70-2-14" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 70-2-14 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.