§ 69-9-7 — Findings prerequisite to consolidation

The secretary shall order consolidation of an area comprised of small tracts pursuant to application filed under this act [69-9-1 to 69-9-10 NMSA 1978] if he finds that: A. proper notice of said hearing has been given as required by this act; B. mineral development of the small tracts in the area to be consolidated on a separate and individual basis would be uneconomic and impractical; C. the area set out in the application or such other area as determined by the secretary comprises an appropriate unit for the purposes set out herein; D. consolidation of the area is needed to induce mineral exploration and potential mineral development of the area, will avoid waste of natural resources and will protect the correlative rights of all who have interests in the area; E. the proposed operations are feasible and in accord with good industry practices; F. the applicant has made diligent and good faith effort to locate all owners in the area and to obtain mining rights as to their interests but despite the applicant's efforts, there remain owners in the area who are unknown or whose addresses are unknown or from whom applicant has not obtained mining rights; and G. the applicant holds mining rights with respect to interests equal in the aggregate to at least sixty percent of the entire mineral estate (so far as it pertains to ore) in the area.

Legislative History

1953 Comp., § 63-32-7, enacted by Laws 1967, ch. 33, § 7; 1977, ch. 255, §