New Mexico Statutes Chapter 70. Oil and Gas § 70-12-7. Damages

(1) the operator conducted oil and gas operations without providing notice as required by Subsection B of Section 4 of the Surface Owners Protection Act;

(2) the operator conducted oil and gas operations without a surface use and compensation agreement and before depositing a bond or other surety as required by Section 5 of the Surface Owners Protection Act;

(3) the operator conducted oil and gas operations outside the scope of a surface use and compensation agreement and, when entering into the agreement, knew or should have known that oil and gas operations would be conducted outside the scope of the agreement; or

(4) the surface owner failed to exercise good faith in complying with the provisions of the Surface Owners Protection Act or the terms of a surface use and compensation agreement; or

(1) the operator willfully and knowingly entered upon the premises for the purpose of commencing the drilling of a well:

(2) either the surface owner or the operator willfully and knowingly violated the surface use and compensation agreement.