N.M. Stat. § 70-6-8
Ownership of injected gas.
All natural gas which has previously been reduced to possession, and which is
subsequently injected into underground storage in any strata or formation shall at all
times be deemed the property of the injector, his heirs, successors or assigns; and in no
event shall such gas be subject to the right of the owner of the surface of said lands or
of any mineral interest therein, under which said strata or formation lie, or of any person
other than the injector, his heirs, successors and assigns, to produce, take, reduce to
possession, waste or otherwise interfere with or exercise any control thereover,
provided that the injector, his heirs, successors and assigns shall have no right to gas in
any stratum, formation or portion thereof, in which storage rights have not been
acquired pursuant to this act [70-6-1 to 70-6-8 NMSA 1978], or otherwise purchased.