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Annual Report 3 - New Mexico - Energy, Minerals and Natural ...

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The division implemented Agreed Compliance Orders which involves working with well operators to negotiate a<br />

plan to bring their violations into compliance, drafting enforceable documents to memorialize the agreements <strong>and</strong><br />

enforcement of the agreements in the case of failure. OCD’s enforcement staff also works with well operators to<br />

ensure compliance through inspections, meetings <strong>and</strong> hearings.<br />

The enforcement team identified ten common compliance issues <strong>and</strong> published a list of basic requirements for well<br />

operators in <strong>New</strong> <strong>Mexico</strong>. These requirements are reviewed with each new well operator as they register to operate<br />

wells. Acknowledgment of the ten basic requirements is also part of the process of transferring wells between<br />

operators.<br />

INACTIVE WELL MANAGEMENT: OCD created a web application that shows each<br />

operator’s inactive wells <strong>and</strong> allows the operator to project future inactive wells. If an operator has a certain number<br />

of inactive wells, based on the total number of wells that the operator operates, some activities may or must be<br />

denied. A well can be removed from the inactive well list by producing or injecting, by being plugged, properly<br />

temporarily ab<strong>and</strong>oned, or placed on an Agreed Compliance Order which provides a schedule for reduction of the<br />

number of inactive wells.<br />

FINANCIAL ASSURANCE: The enforcement rules adopted in 2005 formalized the need for<br />

additional financial assurance for wells that meet certain criteria for inactivity. These inactive well financial assurances<br />

<strong>and</strong> the blanket plugging bonds are forfeited by the well operator if the well must be plugged by the state due to the<br />

operator no longer being financially viable. The amount of the financial assurance is based on the depth <strong>and</strong> location<br />

of the well. Operators can use the Internet to see when additional financial assurance might be or already is required<br />

for each well. OCD currently manages over $31 million in inactive well financial assurances.<br />

ANNUAL REPORT 2010<br />

Photo by:Darold Gray<br />

Drilling activity on<br />

a salt lake near the<br />

potash mines east of<br />

Loving, <strong>New</strong> <strong>Mexico</strong>.<br />

“Offshore drilling” in<br />

<strong>New</strong> <strong>Mexico</strong>!<br />

101

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