N.M. Stat. » Chapter 70 — Oil and Gas
New Mexico Statutes

N.M. Stat. § 70-2-4 (2026)

Oil conservation commission; members; term; officers;

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quorum; power to administer oaths. There is created an "oil conservation commission", hereinafter in the Oil and Gas Act [this article] called the "commission", to be composed of a designee of the commissioner of public lands, a designee of the secretary of energy, minerals and natural resources and the director of the oil conservation division. The designees of the commissioner of public lands and the secretary of energy, minerals and natural resources shall be persons who have expertise in the regulation of petroleum production by virtue of education or training. No salary or compensation shall be paid any member of the commission for his services as a member of the commission. The term of office of each member of the commission shall be concurrent with the other office held by him. The commission shall organize by electing a chairman from its membership. Two members of the commission shall constitute a quorum for all purposes. The commission shall adopt a seal and the seal affixed to any paper signed by the director of the oil conservation division shall be prima facie evidence of due execution. The attorney general shall be the attorney for the commission. Any member of the commission or the director of the oil conservation division or any employee of the commission or division shall have power to administer oaths to any witness in any hearing, investigation or proceeding contemplated by the Oil and Gas Act or by any other law of this state relating to the conservation of oil and gas.

History: Laws 1935, ch. 72, § 3; 1941 Comp., § 69-204; Laws 1949, ch. 168, § 3; 1953 Comp., § 65-3-4; Laws 1975, ch. 289, § 13; 1977, ch. 255, § 39; 1987, ch. 234, § 58.

ANNOTATIONS

The 1987 amendment, effective July 1, 1987, in the first sentence, substituted "a designee of the commissioner of public lands, a designee of the secretary of energy, minerals and natural resources" for "the commissioner of public lands, the state geologist and the director of oil conservation division", inserted the present second sentence, and made minor changes in language and punctuation throughout the section.

Judicial decisions preclusive. — Commission was acting in a judicial capacity when it approved a proposed unitization plan; its decision was therefore entitled to preclusive effect. Amoco Prod. Co. v. Heimann, 904 F.2d 1405 (10th Cir. 1990), cert. denied, 498 U.S. 942, 111 S. Ct. 350, 112 L. Ed. 2d 314 (1990).

Former Oil Conservation Act was not unconstitutional on ground that since legislature had named the members of the commission there had been an invasion of the executive power of appointment in violation of N.M. Const., art. III, § 1. 1951 Op. Att'y Gen. No. 51-5397.

Appointments contemplated in the former Oil Conservation Act were appointments "otherwise provided for" as those words are used in N.M. Const., art. V, § 5, and did not invade governor's power of appointment. 1951 Op. Att'y Gen. No. 51-5397.

Former Oil Conservation Act was not violative of N.M. Const., art. IV, § 16 for failure to have the subject matter expressed clearly in the title. 1951 Op. Att'y Gen. No. 51-5397.

Duties delegated to commission member. — Under laws and constitution of the state, commission, by proper authority, may delegate to member of the commission the duty of holding a hearing and transcribing testimony for submission by proper report to commission for its order based upon evidence and material properly in that record. 1954 Op. Att'y Gen. No. 54-5900.

Quasi-judicial powers of commission are limited to hearing and consideration of evidence and ascertainment of certain facts in performance of its statutory duties. 1951 Op. Att'y Gen. No. 51-5397. Commission has jurisdiction of public domain owned by federal government held merely in proprietary capacity to prevent waste of gas and oil, so far as such regulations do not conflict with congressional enactments. 1935 Op. Att'y Gen. No. 35-1110.

Law reviews. — For article, "Compulsory Pooling of Oil and Gas Interests in New Mexico," see 3 Nat. Res. J. 316 (1963).

For article, "An Administrative Procedure Act for New Mexico," see 8 Nat. Res. J. 114 (1968).

For article, " 'New Mexican Nationalism' and the Evolution of Energy Policy in New Mexico," see 17 Nat. Res. J. 283 (1977).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gas and Oil § 148.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1992–2021 · leading case: Santa Fe Expl. Co. v. Oil Conservation Comm'n, 835 P.2d 819 (N.M. 1992).
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Santa Fe Expl. Co. v. Oil Conservation Comm'n, 835 P.2d 819 (N.M. 1992). · cites it 4× “In the instant case, the resolution and interpretation of such evidence presented requires expertise, technical competence, and specialized knowledge of engineering and geology as possessed by Commission members.”
Marbob Energy Corp. v. New Mexico Oil Conservation Comm'n, 2009-NMSC-013, 206 P.3d 135. · cites it 2× “We reverse and hold that the specific provisions of Section 70-2-28 require the Attorney General to bring an action in court to assess civil penalties for violations of the Act and rules, orders, and regulations issued thereunder.”
Bass Enter. Prod. Co. v. Mosaic Potash Carlsbad Inc., 2010-NMCA-065, 238 P.3d 885. · cites it 4× “We have consolidated the two cases and, after reviewing the record, amicus briefs, and the arguments of the parties, we conclude that there was substantial evidence to support the OCC’s orders, they were in accordance with the law, and they were not arbitrary or capricious.”
NMAC New Mexico Mining Ass'n v. New Mexico Water Quality Control Comm'n, 2007-NMCA-010, 150 P.3d 991. · cites it 2× “See generally NMSA 1978, § 70-2-4 (1987) (providing for the creation of the oil conservation commission); NMSA 1978, § 70-2-6 (1979) (discussing the jurisdiction of the division and the commission).”
Johnson v. New Mexico Oil Conservation Comm'n, 1999-NMSC-021, 978 P.2d 327. “See § 70-2-4. Pursuant to the OGA, the Commission regulates certain aspects of oil and gas operations throughout the state.”
Marker v. N.M. Oil & Conservation (N.M. Ct. App. 2021). · cites it 4× “See § 70-2-4. The third member of the Commission additionally serves as the director of the Division and must be a registered petroleum engineer or “by virtue of education and experience have expertise in the field.”
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