N.M. Admin. Code § 19.2.5.11 - USE OF NECESSARILY DISTURBED CALICHE FROM OIL AND GAS LEASE ACREAGE
The commissioner shall make no charge for caliche necessarily moved within the roadbed or within the perimeter of a specific well pad while in the process of developing oil and natural gas under a state oil and gas lease, subject to the following conditions:
A. Only caliche derived from the cellar and
reserve pit or cut and fill, which is necessarily disturbed in the process of
building an access road and/or that oil and gas well location, may be used
without charge.
B. Caliche
necessarily disturbed during construction must remain within the boundaries of
the oil and gas lease. If excess caliche exists from a necessary disturbance,
that caliche may only be moved from that location to another well site within
the lease once an operator or lessee of record obtains a permit and compensates
the commissioner pursuant to the terms of a community caliche pit
permit.
C. Only caliche excavated
during cut and fill construction of a well pad or roads built to 19.2.20 NMAC
standards will be considered necessarily disturbed.
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