N.M. Stat. § 70-2-18
Spacing or proration unit with divided mineral ownership.
A. Whenever the operator of any oil or gas well shall dedicate lands comprising a
standard spacing or proration unit to an oil or gas well, it shall be the obligation of the
operator, if two or more separately owned tracts of land are embraced within the
spacing or proration unit, or where there are owners of royalty interests or undivided
interests in oil or gas minerals which are separately owned or any combination thereof,
embraced within such spacing or proration unit, to obtain voluntary agreements pooling
said lands or interests or an order of the division pooling said lands, which agreement or
order shall be effective from the first production. Any division order that increases the
size of a standard spacing or proration unit for a pool, or extends the boundaries of such
a pool, shall require dedication of acreage to existing wells in the pool in accordance
with the acreage dedication requirements for said pool, and all interests in the spacing
or proration units that are dedicated to the affected wells shall share in production from
the effective date of the said order.
B. Any operator failing to obtain voluntary pooling agreements, or failing to apply for
an order of the division pooling the lands dedicated to the spacing or proration unit as
required by this section, shall nevertheless be liable to account to and pay each owner
of minerals or leasehold interest, including owners of overriding royalty interests and
other payments out of production, either the amount to which each interest would be
entitled if pooling had occurred or the amount to which each interest is entitled in the
absence of pooling, whichever is greater.
C. Nonstandard spacing or proration units may be established by the division and all
mineral and leasehold interests in any such nonstandard unit shall share in production
from that unit from the date of the order establishing the said nonstandard unit.