New Mexico § 70-2-39 - Fees; appropriation

§ 70-2-39. Fees; appropriation

A. The following fees are required to be paid to the oil conservation division of

the energy, minerals and natural resources department: (1) with each application for a non-federal and non-Indian permit to drill, deepen,

plug back or reenter a well, the applicant shall submit to the division a nonrefundable

fee of five hundred dollars ($500); (2) with each individual application for administrative approval of a non-standard

location, downhole commingle, surface commingle, off-lease measurement, release notification

and corrective action, change of operator, application for modification to surface

waste management facility, request for the creation of a new pool, proposed alternative

method permit or closure plan application or authorization to move produced water,

the applicant shall submit to the division a nonrefundable fee of one hundred fifty

dollars ($150); (3) with each application for a fluid injection well permit, the applicant shall submit

to the division a nonrefundable fee of five hundred dollars ($500) per well; (4) with each application for a permit for a commercial surface waste management facility,

landfill or landfarm, the applicant shall submit to the division a nonrefundable fee

of ten thousand dollars ($10,000) per facility; (5) with each application for an administrative hearing, re-hearing or de novo hearing

before the division or commission, the applicant shall submit to the division a nonrefundable

fee of five hundred dollars ($500) per application; and (6) with each application for a continuance of an administrative hearing, re-hearing

or de novo hearing before the division or commission, the applicant shall submit to

the division a nonrefundable fee of one hundred fifty dollars ($150) per application. B. An application for an administrative hearing, re-hearing or de novo hearing before

the oil conservation division or commission will be considered to be materially amended

if the amendment is made for a purpose other than to correct: (1) typographical errors; or (2) clerical errors. C. The “oil conservation division systems and hearings fund” is created in the state

treasury as a nonreverting fund. All funds received by the oil conservation division from fees imposed pursuant to

Subsection A of this section shall be delivered to the state treasurer and deposited

in the fund. Disbursements from the fund shall be made upon warrants drawn by the secretary of

finance and administration pursuant to vouchers signed by the secretary of energy,

minerals and natural resources or the secretary's authorized representative. Money in the fund is subject to appropriation by the legislature to the division

to develop and modernize the division's online application processing system, online

case management system and online case file system and for other technological upgrades

and hearing administration costs. Any unexpended or unencumbered balance remaining in the fund at the end of a fiscal

year shall not revert to the general fund. Money in the fund in fiscal year 2020 may be expended by the division for the purposes

of the fund.