Statutes > New Mexico Statutes > Chapter 71 - Energy and Minerals. > Article 5 - Geothermal Resources Conservation, 71-5-1 through 71-5-24. > Section 71-5-2.1 - Exclusion; incidental loss or extraction of heat.

Section 71-5-2.1 - Exclusion; incidental loss or extraction of heat.

71-5-2.1. Exclusion; incidental loss or extraction of heat.

When the application of potable water to a beneficial use involves the incidental loss or extraction of heat, and the water is 250 degrees Fahrenheit or less, then that heat is not a geothermal resource for which a royalty is due. In such a case, the use is not governed by laws related to geothermal resources but is simply governed by Chapter 72 NMSA 1978.