As used in the Surface Owners Protection Act:
A. "oil and gas operations" means all activities affecting the surface owner's land that are associated with exploration, drilling or production of oil or gas, through final reclamation of the affected surface;
B. "operator" means a person with the legal right to conduct oil and gas operations and includes the agents, employees and contractors of that person;
C. "reclaim" means to substantially restore the surface affected by oil and gas operations to the condition that existed prior to oil and gas operations, or as otherwise agreed to in writing by the operator and surface owner;
D. "surface owner" means a person who holds legal or equitable title, as shown in the records of the county clerk, to the surface of the real property on which the operator has the legal right to conduct oil and gas operations;
E. "surface use and compensation agreement" means an agreement between an operator and a surface owner specifying the rights and obligations of the surface owner and the operator concerning oil and gas operations; and
F. "tenant" means a person who occupies land or premises belonging to another in subordination to the owner's title and with the owner's assent, express or implied.
History: Laws 2007, ch. 5, § 3.
ANNOTATIONSEffective dates. — Laws 2007, ch. 5, § 11 made the act effective July 1, 2007.
A geophysical seismic survey falls within the definition of an oil and gas operation. — A geophysical seismic survey is an exploratory activity and is therefore an oil and gas operation under the Surface Owners Protection Act. Woody Inv., LLC v. Sovereign Eagle, LLC, 2015-NMCA-111, cert. denied, 2015-NMCERT-010.
Where plaintiffs brought claims under the Surface Owners Protection Act (SOPA), 70-12-1 to -10 NMSA 1978, after defendants conducted geophysical seismic surveys on land owned or leased by plaintiffs in order to evaluate potential future oil and gas operations, the district court erred in granting defendants' motion for summary judgment on the ground that defendants' geophysical survey is a non-surface disturbing activity and therefore not an oil and gas operation as defined in SOPA. A geophysical survey is an exploratory activity, whether it disturbs the surface or not, and is therefore a part of oil and gas exploration. Woody Inv., LLC v. Sovereign Eagle, LLC, 2015-NMCA-111, cert. denied, 2015-NMCERT-010.