N.M. Admin. Code § 19.14.82.8 - RATABLE TAKE
A. Any person
now or hereafter engaged in purchasing geothermal resources from one or more
producers within a single geothermal reservoir shall be a common purchaser
within that geothermal reservoir, and shall purchase geothermal resources of
like quality, quantity and pressure lawfully produced from that geothermal
reservoir and tendered to such common purchaser at a reasonable point. Such
purchase shall be made without reasonable discrimination in favor of one
producer against another in the price paid, quantities taken, the bases of
measurement or the facilities offered.
B. In the event such purchaser is also a
producer, he is prohibited to the same extent from discriminating in favor of
himself with respect to geothermal resource wells in which he has an interest,
direct or indirect, as against other geothermal resource wells in the same
geothermal reservoir.
C. For the
purposes of this rule, reasonable differences in prices paid or facilities
afforded, or both, shall not constitute unreasonable discrimination if such
differences bear a fair relationship to difference in quality, quantity, or
pressure of the geothermal resource available or to the relative lengths of
time during which such geothermal resources will be available to the
purchaser.
D. Any common purchaser
taking geothermal resources produced from wells within a geothermal reservoir
shall take ratably under such rules, regulations and orders, concerning
quantity, as may be promulgated by the division after due notice and public
hearing. The division, in promulgating such rules, regulations and orders may
consider the quality and the quantity of the geothermal resources available,
the pressure and temperature of the product at the point of delivery, acreage
attributable to the well, market requirements and other pertinent
factors.
E. Nothing in this Rule
shall be construed or applied to require, directly or indirectly, any person to
purchase geothermal resources of a quality or under a pressure or under any
other condition by reason of which such geothermal resource cannot be
economically and satisfactorily used by such purchaser by means of his
geothermal utilization facilities then in service.
Notes
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