N.M. Stat. § 71-9A-4
Well repurposed for energy storage; beneficial use.
A. An oil or gas well that is authorized by the energy, minerals and natural
resources department pursuant to the Well Repurposing Act to be used for energy
storage and that is actively operated for energy storage shall not be considered an
inactive or abandoned well and shall be considered a well that is being used for
beneficial purposes.
B. If an oil or gas well authorized for energy storage ceases storage operations for
twelve months or longer, the well shall be plugged and abandoned pursuant to state law
and rules issued by the oil conservation division of the energy, minerals and natural
resources department.