New Mexico Statutes Chapter 74. Environmental Improvement § 74-14-2. Definitions

A. “carbon dioxide” means carbon dioxide produced by anthropogenic sources or captured from the atmosphere, including qualified carbon oxide as defined pursuant to applicable federal law and carbon dioxide stream as may be defined in federal law and regulations pertaining to class 6 carbon dioxide injection wells;

B. “division” means the oil conservation division of the energy, minerals and natural resources department;

C. “geologic sequestration” means the long- or short-term underground sequestration of carbon dioxide within a geologic stratum, formation, aquifer, cavity or void, whether naturally or artificially created, including deep saline aquifers, oil and gas reservoirs and unminable coal seams, such that injected carbon dioxide does not escape to the atmosphere;

D. “operator” means a person who has the right to inject carbon dioxide for geologic sequestration into a sequestration facility, whether for the person's own account or for the account of others;

E. “pore space” means the empty space between rock grains, fractures and voids in the earth's subsurface;  “pore space” is the available space within, and contained by, geologic formations;

F. “sequestration facility” means carbon dioxide injection wells, monitoring wells and devices, science wells, but excluding stratigraphic and similar wells for assessing the nature of the subsurface, and other wells used for the injection of carbon dioxide in subsurface geologic formations, including the underground equipment, pipelines and surface equipment and buildings used for the purpose of geologic sequestration of carbon dioxide.  “Sequestration facility” includes a facility that injects carbon dioxide for secure geologic sequestration pursuant to applicable federal laws, including a geologic sequestration project as may be defined in federal regulations pertaining to federal environmental protection agency class 6 underground injection control wells for carbon dioxide injection wells;  and

G. “sequestration unit” means the geologic formation or formations proposed for the injection of carbon dioxide for geologic sequestration and the lands to be included within the unit.  “Sequestration unit” does not include oil and gas units where carbon dioxide is injected for purposes of enhancing oil and gas production.