NMSA 1978, § 7-29B-2 — Definitions

As used in the Natural Gas and Crude Oil Production Incentive Act:

# A.

"average annual taxable value" means the average of the taxable value per
barrel, determined pursuant to Section 7-31-5 NMSA 1978, of all oil produced in New
Mexico for the specified calendar year as determined by the department;

# B.

"average daily production" means, for any crude oil or natural gas property
assigned a single production number by the department, the number derived by dividing
the total volume of crude oil or natural gas production from the property reported to the
division during a calendar year by the sum of the number of days each eligible well
within the property produced or injected during that calendar year;

# C.

"department" means the taxation and revenue department;

# D.

"division" means the oil conservation division of the energy, minerals and natural
resources department;

# E.

"eligible well" means a crude oil or natural gas well that produces or an injection
well that injects and is integral to production for any period of time during the preceding
calendar year;

# F.

"natural gas" means any combustible vapor composed chiefly of hydrocarbons
occurring naturally;

# G.

"operator" means the person responsible for the actual physical operation of a
natural gas or oil well;

# H.

"person" means any individual or other legal entity, including any group or
combination of individuals or other legal entities acting as a unit;

# I.

"production restoration incentive tax exemption" means the tax exemption set
forth in Subsection B of Section 7-29-4 NMSA 1978 for natural gas or oil produced from
a production restoration project;

# J.

"production restoration project" means the use of any process for returning to
production a natural gas or oil well that had thirty days or less of production in any
period of twenty-four consecutive months beginning on or after January 1, 1993 as
approved and certified by the division;

# K.

"severance" means the taking from the soil of any product in any manner
whatsoever;

# L.

"stripper well property" means a crude oil or natural gas producing property that
is assigned a single production unit number by the department and:
(1) if a crude oil producing property, produced an average daily production of
less than ten barrels of oil per eligible well per day for the preceding calendar year;
(2) if a natural gas producing property, produced an average daily production
of less than sixty thousand cubic feet of natural gas per eligible well per day during the
preceding calendar year; or
(3) if a property with wells that produce both crude oil and natural gas,
produced an average daily production of less than ten barrels of oil per eligible well per
day for the preceding calendar year, as determined by converting the volume of natural
gas produced by the well to barrels of oil by using a ratio of six thousand cubic feet to
one barrel of oil;

# M.

"stripper well incentive tax rates" means the tax rates set forth in Paragraphs (6)
through (9) of Subsection A of Section 7-29-4 NMSA 1978 and in Paragraphs (4)
through (7) of Subsection A of Section 7-31-4 NMSA 1978 for natural gas or oil
produced from a well within a stripper well property;

# N.

"well workover incentive tax rate" means the tax rate set forth in Paragraphs (4)
and (5) of Subsection A of Section 7-29-4 NMSA 1978 on the natural gas or oil
produced from a well workover project; and

# O.

"well workover project" means any procedure undertaken by the operator of a
natural gas or oil well that is intended to increase the production from the well and that
has been approved and certified by the division.