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Last updated: General New Mexico oil and gas bond information — confirm current requirements with the licensing authority.
Eric Drummond, Licensed Surety Producer
Reviewed by
Eric Drummond, Licensed Surety Producer

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Oil Conservation Division · 19.15.8.9 NMAC

New Mexico Oil & Gas Well Bond

New Mexico's new bonding rule took effect September 22, 2026. Active-well bonds are now $150,000 per well or a flat $250,000 blanket.

Rules as of Sep 29, 2026

What changed on September 22, 2026

The Oil Conservation Commission adopted the new financial assurance rule in Case 24683 on July 1, 2026. It was published in the New Mexico Register, Vol. XXXVII, Issue 18, on September 22, 2026 (pp. 1312-1314). The rule amends 19.15.8.9 NMAC. Here is how the amounts compare.

Well typeOld requirementNew requirement (from Sep 22, 2026)
Active, one-well bond$25,000 + $2 per foot$150,000
Active, blanket bond$50,000 (1-10 wells); $75,000 (11-50); $125,000 (51-100); $250,000 (100+)A flat $250,000 covering all of the operator's active wells
Inactive wells, temporarily abandoned (TA) over 2 years, or expired TABlanket tiers of $150,000 / $300,000 / $500,000 / $1,000,000Either $150,000 per well, or a blanket averaging $150,000 per well

For operators with 1-10 active wells, the blanket amount rose from $50,000 to $250,000. Operators with more than 100 active wells stay at $250,000.

The same rule adds requirements for surety bonds. The surety must be a corporate surety authorized by the New Mexico Office of the Superintendent of Insurance and listed on U.S. Department of the Treasury Circular 570 (19.15.8.10 NMAC).

Rules as of Sep 29, 2026. Sources: NM Register, Vol. XXXVII, Issue 18 and the Register PDF, pp. 1312-1314.

Low-producing wells: two deadlines

The rule defines a "low producing well" as an oil or gas well that produced less than 180 days and less than 1,000 barrels of oil equivalent within a consecutive 12-month period. Low-producing wells carry their own requirements, with two dates to plan around.

  • From September 22, 2026: a transferee operator must provide a $150,000 one-well plugging financial assurance for each low-producing well before the transfer. The exception is a well already covered by a one-well assurance under other parts of the rule.
  • From May 1, 2029: an operator must provide a one-well assurance for each low-producing well not already covered by one. Operators with low-producing wells review their well count each year and update the assurance by May 1.

Variance. An operator of a low-producing well may request a variance from the $150,000 requirement. The rule ties it to a physical impediment limiting the well's midstream takeaway capacity, or interference from nearby operations. The request must include an operator certification that describes the constraint, explains why it is outside the operator's control, lists the alternatives explored, and gives an estimated date the constraint will be corrected. It must also include the notification from the midstream operator required by 19.15.28.8 NMAC.

The OCD has 60 days to accept or deny a written variance request. If it does not act within that time, the request is deemed denied. If the OCD denies it, the operator has 30 days to request a hearing under 19.15.4 NMAC.

Buying wells? Tell us on the form. We can start your quote before the transfer.

Rules as of Sep 29, 2026. Source: Register PDF, pp. 1312-1313.

Operators with 20% or more inactive wells

The rule sets a separate requirement for operators with 20% or more of their wells in inactive status, approved temporarily abandoned status, or expired temporarily abandoned status (or a combination). From May 1, 2029, these operators must post a $150,000 one-well assurance for each registered well not already covered by a one-well assurance. This applies until the share of such wells drops below 20%. These operators review their well statuses each year and update the assurance by May 1.

If you are near that line, a quick review of your well list now can show where you stand before 2029.

Rules as of Sep 29, 2026. Source: Register PDF, p. 1313.

Other changes in the same rulemaking

Sections 19.15.2, 19.15.5, 19.15.9 (new-operator compliance certification) and 19.15.25 NMAC were amended on the same date. The division may also adjust the amounts by CPI starting January 1, 2032, no more often than every 3 years.

How to get your New Mexico bond

  1. Tell us about your wells. Send the short form: bond type, whether you are new, updating or acquiring, and how to reach you.
  2. We review your options. We look at your wells against the OCD rule and work on a bond quote, subject to underwriting and approval by the surety. If you are unsure, pick "Not sure" and we will help.
  3. The bond goes to the OCD. Once the bond is executed, it is furnished to the Oil Conservation Division as your financial assurance. Filing is done with the OCD under the rule, and we will tell you what the OCD needs.
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Need other bonds in the state? See our New Mexico surety bonds page. For the full picture across states, see oil and gas bonds.

What does a New Mexico oil and gas bond cost?

The premium is typically a small percentage of the bond amount per year; the carrier sets the final price.

We work with carriers that write challenged credit; the carrier decides.

Federal leases in New Mexico

Wells on federal (BLM) leases can also carry a separate federal bonding requirement. See our BLM lease bond page for the current requirements and sources.

FAQ

How much is a New Mexico oil and gas bond now?

For active wells, $150,000 per well or a flat $250,000 blanket covering all active wells. For inactive wells, TA over 2 years, or expired TA, it is either $150,000 per well or a blanket averaging $150,000 per well. Rules as of Sep 29, 2026. Source: New Mexico Register, Vol. XXXVII, Issue 18, pp. 1312-1314.

When did the new rule take effect?

September 22, 2026, when it was published in the New Mexico Register (Vol. XXXVII, Issue 18). The Oil Conservation Commission adopted it on July 1, 2026 in Case 24683. Rules as of Sep 29, 2026.

Do I need a new bond to buy wells?

For low-producing wells, yes. From September 22, 2026, a transferee operator must provide a $150,000 one-well assurance for each low-producing well before the transfer, unless the well is already covered by a one-well assurance. Rules as of Sep 29, 2026. Source: New Mexico Register, Vol. XXXVII, Issue 18, p. 1313.

What happens in 2029?

From May 1, 2029, operators need a one-well assurance ($150,000) for each low-producing well not already covered, updated every May 1. Operators with 20% or more of their wells in inactive or TA statuses must also post a $150,000 one-well assurance for each well not already covered, until their share drops below 20%. Rules as of Sep 29, 2026. Source: New Mexico Register, Vol. XXXVII, Issue 18, p. 1313.

Is a blanket bond cheaper than per-well bonds?

We can’t say either is cheaper. The difference is coverage. A one-well bond covers the single well it names. The $250,000 active-well blanket covers all of an operator’s active wells under one bond. Tell us your well count and we will explain which fits.

Sources (rules as of Sep 29, 2026)