New Mexico Register / Volume XXXIII, Issue 16 / August 23, 2022

 

 

This is an amendment to 19.15.7 NMAC, Sections 8, 9 and 16 and repealing Sections 10, 11 and 37, effective 8/23/2022.

 

19.15.7.8               GENERAL:

                A.            [Where to file reports.  Unless otherwise specifically provided for in a division rule or order, the operator shall file forms and reports 19.15.7 NMAC requires with the appropriate division district office as provided in 19.15.2.17 NMAC and 19.15.7.10 NMAC] Development of forms and applications.  The division shall develop standard forms and applications for the purposes required by the commission in any rule.  The division may also develop online forms, applications and other submittal processes to provide standard mechanisms for any other required notices, requests, applications, or reports. All submittal processes for forms and applications shall be available on the division’s website.

                B.            Additional data.  19.15.7 NMAC does not limit or restrict the division’s authority to require the furnishing of additional reports, data or other information relative to the production, transportation, storing, refining, processing or handling of oil, gas or products in the state as may appear to the division to be necessary or desirable, either generally or specifically, for [the prevention of waste and the conservation of the state’s natural resources] compliance with or implementation of the Oil and Gas Act.

                C.            Books and records.  A [producer, injector, transporter, storer, refiner, gasoline or extraction plant operator, treating plant operator and initial purchaser of gas within the state] person subject to the Oil and Gas Act shall make and keep appropriate books and records for a period of not less than five years, covering operations in New Mexico, in order to make and substantiate the reports the division requires.

                D.            Written notices, requests, permits and reports.  A person required to file notices, requests, permits or reports shall use the [forms listed below for the purpose shown in accordance with the instructions printed on the form and the rule covering the form’s use or special order pertaining to its use] division’s website in accordance with the instructions provided on the website or required on a form or in any rule covering a form’s use or special order pertaining to its use.  The following list of forms is intended for informational purposes and does not limit the division’s authority to establish new forms or revise existing forms:

                                (1)           form C-101 - application for permit to drill, deepen or plug back;

                                (2)           form C-102 - well location and acreage dedication plat;

                                (3)           form C-103 - sundry notices and reports on wells;

                                (4)           form C-104 - request for allowable and authorization to transport oil and gas;

                                (5)           form C-105 - well completion or recompletion report and log;

                                (6)           form C-106 - notice of intention to utilize automatic custody transfer equipment;

                                (7)           form C-107 - application for multiple completion;

                                (8)           form C-107-A - application for downhole commingling;

                                (9)           form C-107-B - application for surface commingling (diverse ownership);

                                (10)         form C-108 - application to dispose of [salt] produced water by injection into a porous formation;

                                (11)         form C-109 - application for discovery allowable and creation of a new pool;

                                (12)         form C-111 - gas transporter’s monthly report (sheet 1 and sheet 2);

                                (13)         form C-112 - transporter’s and storer’s monthly report;

                                (14)         form C-112-A - receipts continuation sheet;

                                (15)         form C-112-B - deliveries continuation sheet;

                                (16)         form C-113 - refiner’s monthly report (sheet 1 and sheet 2);

                                (17)         form C-115 - operator’s monthly report;

                                (18)         form C-115B - volume of vented and flared natural gas;

                                (19)         form C-115-EDP - operator’s monthly report (electronic data processing);

                                (20)         form C-116 - gas-oil ratio tests;

                                (21)         form C-117-A - tank cleaning, sediment oil removal, transportation of miscellaneous hydrocarbons and disposal permit;

                                (22)         form C-117-B - monthly sediment oil disposal statement;

                                (23)         form C-118 - treating plant operator’s monthly report (sheet 1 and sheet 2);

                                (24)         form C-120-A - monthly water disposal report;

                                (25)         form C-121 - oil purchaser’s nomination;

                                (26)         form C-121-A - purchaser’s gas nomination;

                                (27)         form C-122 - multi-point and one point back pressure test for gas wells;

                                (28)         form C-122-A - gas well test data sheet-San Juan basin (initial deliverability test, blue paper; annual deliverability test, white);

                                (29)         form C-122-B - initial potential test data sheet;

                                (30)         form C-122-C - deliverability test report;

                                (31)         form C-122-D - worksheet for calculation of static column wellhead pressure (Pw);

                                (32)         form C-122-E - worksheet for stepwise calculation of (surface) (subsurface) pressure (Pc and Pw);

                                (33)         form C-122-F - worksheet for calculation of wellhead pressures (Pc or Pw) from known bottom hole pressure (Pf or Ps);

                                (34)         form C-122-G - worksheet for calculation of static column pressure at gas liquid interface;

                                (35)         form C-123 - request for the creation of a new pool;

                                (36)         form C-124 - reservoir pressure report;

                                (37)         form C-125 - gas well shut-in pressure report;

                                (38)         form C-126 - permit to transport recovered load oil;

                                (39)         form C-127 - request for allowable change;

                                (40)         form C-129 - report of vented or flared natural gas;

                                (41)         form C-130 - notice of disconnection;

                                (42)         form C-131-A - monthly gas storage report;

                                (43)         form C-131-B - annual LPG storage report;

                                (44)         form C-133 - authorization to move produced water exhibit “A”;

                                (45)         form C-134 - application for exception to division order R-8952, 19.15.18.18 NMAC or 19.15.36 NMAC;

                                (46)         form C-135 - gas well connection, reconnection or disconnection notice;

                                (47)         form C-136 - application for approval to use an alternate gas measurement method;

                                (48)         form C-137 - application for waste management facility;

                                (49)         form C-137-EZ - registration/final closure report for small landfarm;

                                (50)         form C-138 - request for approval to accept solid waste;

                                (51)         form C-139 - application for qualification of production restoration project and certification of approval;

                                (52)         form C-140 - application for qualification of well workover project and certification of approval;

                                (53)         form C-141 - release notification and corrective action;

                                (54)         form C-144 - pit, closed-loop system, below-grade tank or proposed alternative method permit or closure plan application;

                                (55)         form C-145 - change of operator;

                                (56)         form C-146 - change of operator name;

                                (57)         form C-147 - permit or registration for recycling and re-use of produced water, drilling fluids and liquid oil field waste; and

                                (58)         form C-148 - reporting for recycling and re-use of produced water, drilling fluids and liquid oil field waste.

[19.15.7.8 NMAC - Rp, 19.15.13.1100 NMAC, 12/1/2008; A, 5/25/2021; A, 8/23/2022]

 

19.15.7.9               [FORMS UPON REQUEST:  The division’s forms for written notices, requests and reports it requires are available on the division’s website.  The division shall furnish paper copies upon request.] FORM REQUIREMENTS ON FEDERAL OR TRIBAL LANDS OR MINERALS:

                A.            For wells on federal lands, accessing federal minerals or lands or minerals owned by a Native American nation, tribe, pueblo, or individual allottee in New Mexico, an operator shall file the applicable federal forms with the BLM (as may be updated from time to time by the BLM) in lieu of filing the following forms with the division:

                                (1)           applications for permit to drill, deepen or plug back (C-101),

                                (2)           sundry notices and reports on wells (C-103), and

                                (3)           well completion or recompletion reports and logs (C-105).

                B.            For geophysical logs, electrical logs or other testing results obtained from a well on federal lands or minerals and required for the Form C-105, the operator shall submit an electronic copy of the results to the division using the online submittal process.

                C.            All such forms filed with the BLM involving federal lands or minerals are subject to division approval in the same manner and to the same extent as the corresponding division forms. All forms approved or processed to completion by the BLM for wells on federal lands or accessing federal minerals shall be filed with division for approval using the online application process on the division’s website no later than the time period in the rules for the equivalent division form or five business days after the BLM approves or processes to completion if no deadline is provided, except:

                                (1)           for subsequent reports of work performed that are first reported to the BLM on a C-103 or a C-105 equivalent, if within 30 days of submittal, the BLM has not approved or processed to completion such submittal, the operator shall within 10 days file the state equivalent form with the division; and

                                (2)           once the BLM processes to completion or approves the federal submittal, the operator shall file within ten business days the submittal processed to completion or approved by the BLM.

                D.            All such forms filed exclusively for lands or minerals owned by a Native American nation, tribe, pueblo or individual allottee shall be filed with the division using the online application process on the division’s website as soon as is practicable after federal approval or processing to completion. Such forms involving exclusively lands or minerals that a Native American nation, tribe, pueblo or individually allottee owns are not subject to division review or approval unless such review or approval is authorized by a written agreement between the Native American nation, tribe, pueblo and the division.

                E.            For other reports on wells on federal land or minerals, the operators shall file the applicable state forms with the division, including forms C-104 and C-115.

[19.15.7.9 NMAC - Rp, 19.15.1.16 NMAC, 12/1/2008; 19.15.7.9 NMAC - Rp, 19.15.7.9 NMAC, 8/23/2022]

 

19.15.7.10             [WHERE TO FILE REPORTS AND FORMS:  A person required to file a report or form shall file the report or form with the division in the number and at the time specified on the form or report or by the applicable section in 19.15.7 NMAC.  An operator shall file plugging bonds directly with the division’s Santa Fe office.] [RESERVED]

[19.15.7.10 NMAC - Rp, 19.15.15.1302 NMAC, 12/1/2008; Repealed, 8/23/2022]

 

19.15.7.11             [UNITED STATES GOVERNMENT LEASES:  For wells located on land that the United States or a native American nation, tribe or pueblo owns, an operator shall file applications for permit to drill, deepen or plug back, BLM form no. 3160-3; sundry notices and reports on wells, BLM form no. 3160-5; and well completion or recompletion report and log, BLM form no. 3160-4 with the BLM in lieu of filing the corresponding division forms with the division.  All such forms are, however, subject to division approval in the same manner and to the same extent as the corresponding division forms.] [RESERVED]

[19.15.7.11 NMAC - Rp, 19.15.1.14 NMAC, 12/1/2008; Repealed, 8/23/2022]

 

19.15.7.16             WELL COMPLETION OR RECOMPLETION REPORT AND LOG (Form C-105):

                A.            Within 45 days following the completion or recompletion of a well, the operator shall file form C-105 with the [appropriate] division [district office] accompanied by a summary of special tests conducted on the well, including drill stem tests.  In addition, the operator shall file a copy of electrical and radio-activity logs run on the well with form C-105.  If the division does not receive form C-105 with attached logs and summaries within the specified 45-day period, the division shall withhold the allowable for the well or suspend injection authority, as appropriate, until the operator has complied with 19.15.7.16 NMAC.

                B.            In the case of a dry hole, a complete record of the well on form C-105 with the attachments listed in Subsection A of 19.15.7.16 NMAC shall accompany the notice of intention to plug the well, unless previously filed.  The division shall not approve the plugging report or release the bond the operator has complied with 19.15.7.16 NMAC.

                C.            The division shall not keep form C-105 and accompanying attachments confidential unless the well’s owner requests in writing that the division keep it confidential.  Upon such request, the division shall keep these data confidential for 90 days from the date of the well’s completion, provided, however, that the report, logs and other attached data may, when pertinent, be introduced in a public hearing before division examiners, the commission or in a court of law, regardless of the request that they be kept confidential.

[19.15.7.16 NMAC - Rp, 19.15.13.1105 NMAC, 12/1/2008; A, 9/26/2017; A, 8/23/2022]

 

19.15.7.37             [FORMS REQUIRED ON FEDERAL LAND:

                A.            An operator shall use federal forms in lieu of state forms when filing application for permit to drill, deepen or plug back and sundry notices and reports on wells and well completion or recompletion report and log for wells on federal lands in New Mexico.  However, the operator shall submit two extra copies of each of the forms to the BLM, which, upon approval, will transmit the forms to the division.  An operator of a well on federal land shall use the following BLM forms in lieu of division forms:

BLM Form No.

Title of Form (Same for both agencies)

Form No.

3160-3 (Nov. 1993)

Application for Permit to Drill, Deepen or Plug Back

C-101

3160-5 (Nov. 1983)

Sundry Notices and Reports on Wells

C-103

3160-4 (Nov. 1983)

Well Completion or Recompletion Report and Log

C-105

                B.            The above forms as the BLM may revise are the only forms that an operator may file in place of division forms.

                C.            After a well is completed and ready for pipeline connection, the operator shall file form C-104 along with a copy of form C-105 or BLM form No. 3160-4, whichever is applicable, with the division on wells drilled in the state, regardless of land status.  Further, the operator shall file production reports using division forms; the division will not accept federal forms for reporting production.

                D.            An operator’s failure to comply with 19.15.7.36 NMAC shall result in the division’s cancellation of form C-104 for the affected well or wells.] [RESERVED]

[19.15.7.37 NMAC – Rn, 19.15.7.36 NMAC, 5/25/2021; Repealed, 8/23/2022]