By Hibu Websites
•
November 5, 2019
New Mexico’s 2 natural beauty and rich cultural traditions hold an observer’s gaze such that the State’s motto becomes self- evident: The Land of Enchantment. She is world famous for the Wild Wes 3 and her hatch chile peppers, 4 while her origin stretches back beyond recorded history into the myths and legends of her native people. “Conquered” by Spain and subsequently ruled by Mexico, her civil law heritage continues to shape the contour of the legal landscape today. As a result, the lands of New Mexico are divided between sovereign Indian nations, the United States, the State of New Mexico, and private owners. The past, then, is very much present in New Mexico. The purpose of this article is to orient the uninitiated to the complexities of New Mexico oil and gas law and to provide a helpful guide to additional resources available to the oil and gas practitioner. To this end, familiarity with the footnotes is highly recommended as they contain a wealth of hyperlinks to critical information resources. Section I and Section II of the article trace New Mexico’s development from pre-history to statehood in 1915, with particular focus on the genesis of land titles. Section III discusses the attributes of the fee mineral estate, the oil and gas lease, and provides a brief introduction to the New Mexico Oil Conservation Division. Section IV and Section V detail New Mexico’s unique community property, and descent and distribution regimes, including important historical variances. The final two sections of the article provide an overview of federal oil and gas leasing and lease maintenance with the Bureau of Land Management (Section VI), and state oil and gas leasing and lease maintenance with the State Land Office (Section VII).