The following pre-trial STATEMENTS have been submitted by IPANM, the State Land Office, New Mexico Citizens for Clean Air and Water and OGAP in the upcoming Pit Rule Hearing.

IPANM Prehearing Statement (91 KB pdf)
State Land Office Prehearing Statement (126 KB pdf)
NM Citizens for Clean Air and Water Prehearing Statement (101 KB pdf)
Oil and Gas Accountability Project Prehearing Statement

Also below you will find IPANM’s EXHIBITS for the hearing.

IPANM Exhibit 1: Roswell Daily Record Cartoon (749 KB pdf)
IPANM Exhibit 2: “Energy New Mexico: A Publication of IPANM” (12,351 KB pdf)
IPANM Exhibit 3: EIA NM Energy Profile (458 KB pdf)
IPANM Exhibit 4: NM Production Rankings (218 KB pdf)
IPANM Exhibit 5: Resume of Thomas E. Mullins (468 KB pdf)
IPANM Exhibit 6: Slide Presentation by Thomas E. Mullins (183 KB pdf)
IPANM Exhibit 7: HELP Model Runs 3-05-12 (1,082 KB pdf)
IPANM Exhibit 8: Multimed Model Run 3-05-12 (1,562 KB pdf)
IPANM Exhibit 9: Multimed Model Manual (1,386 KB pdf)
IPANM Exhibit 10: HELP Model Manual (600 KB pdf)
IPANM Exhibit 11: HELP Engineering Manual (1,533 KB pdf)
IPANM Exhibit 12: Climatological Data Sheets (293 KB pdf)
IPANM Exhibit 13: Non-Aqueous Phase Liquid Mobility Limits in Soils (553 KB pdf)
IPANM Exhibit 14: USGS Fact Sheet (312 KB pdf)
IPANM Exhibit 15: Rig Counts in NMSE Counties and Texas 2007-2011 (1,346 KB pdf)

New Mexico’s Pit Rule (pdf 220 kb)

According to IM No. 2011-84, in order for the BLM to consider a Commingling and Allocation approval, a long list of conditions must be met, including that the proposed commingling include production from “only federal leases, units or CAs with 100 federal mineral ownership. In addition, each lease, unit, unit PA or CA of BLM lands or Indian minerals must be capable of production in Paying quantities before commingling is approved. In addition, the BLM now requires that measurement of oil and gas production for all federal and Indian leases must take place on the lease, unit PA or CA.

BLM Instructional Memorandum No. 2011-184.pdf (1 MB)

The Carlsbad Field Office of the BLM has issued new standards as of January 20, 2012, for conducting Cultural Resource Survey and Site Recording on lands involving Federal Undertakings.

If you have any questions, please contact James B Smith, Archeologist at the Carlsbad Field Office at 575-706-6664.

Standards Document (pdf 208 kb)

During the 2012 Legislative Session, SB 212 was passed by both Houses and signed by Governor Martinez. The NM Taxation and Revenue department has come out with two bulletins outlining the changes in the withholding requirements for oil and gas proceeds paid after 1/1/12.

B-200.13_Withholding Tax on Oil and Gas Proceeds 4-12.pdf (42 KB)
B-200.25_Withholding Tax Owners of a Pass Through Entity 4-12.pdf (42 KB

Summary:

a. If you are already required to withhold, continue to use from RPD-41284 Quarterly Oil and Gas Proceeds withholding tax form
b. If the remitee is a NM resident or maintains a principal place of business in NM and the remitter has reasonable cause NOT to withhold, the remitter may rely on the remittee’s NM address on Form 1099 Misc, pro forma 1099 or RPD-41285.
c. If there is no NM address on the Form 1099, the remitter may have the remittee sign Form RPD-41354, Declaration of Principal Place of Business or Residence in NM.
d.. Remitees can enter into an agreement with the remitter to pay the tax required with be withhold by the remitter on Form RPD-41353. This form must be completed and on file with the remitter when it filed annual reports. Note that the remitee remits the tax required to be withheld as a quarterly tax payment.
e. Remitters must file annual statements of withholding for each remittee to the Department.
f. Remitters must provide each remitee annual statements of withholding by 2/15 of the year following the year for which the statement is made.

Please find attached the two guidance documents provided to IPANM by the Tax Department. If you have any questions, please call (505) 827-0825 in Santa Fe, or toll free at (866) 809-2335 and select option 4.