In an action brought pursuant to the Surface Owners Protection Act, if the court finds that compensation is owed under Section 3 of the Surface Owners Protection Act [70-12-4 NMSA 1978] the court may also award the prevailing party:
A. attorney fees and costs if:
(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 [70-12-5 NMSA 1978];
(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 [70-12-6 NMSA 1978];
(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
B. attorney fees, costs and treble damages if the court finds, by clear and convincing evidence, that:
(1) the operator willfully and knowingly entered upon the premises for the purpose of commencing the drilling of a well:
(a) without giving notice of the entry as required by Subsection B of Section 4 of the Surface Owners Protection Act; or
(b) without a surface use and compensation agreement with the surface owner and before depositing a bond or other surety pursuant to Section 5 of the Surface Owners Protection Act; or
(2) either the surface owner or the operator willfully and knowingly violated the surface use and compensation agreement.
In an action brought pursuant to the Surface Owners Protection Act, if the court finds that compensation is owed under Section 3 of the Surface Owners Protection Act [70-12-4 NMSA 1978] the court may also award the prevailing party:
A. attorney fees and costs if:
(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 [70-12-5 NMSA 1978];
(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 [70-12-6 NMSA 1978];
(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
B. attorney fees, costs and treble damages if the court finds, by clear and convincing evidence, that:
(1) the operator willfully and knowingly entered upon the premises for the purpose of commencing the drilling of a well:
(a) without giving notice of the entry as required by Subsection B of Section 4 of the Surface Owners Protection Act; or
(b) without a surface use and compensation agreement with the surface owner and before depositing a bond or other surety pursuant to Section 5 of the Surface Owners Protection Act; or
(2) either the surface owner or the operator willfully and knowingly violated the surface use and compensation agreement.
In an action brought pursuant to the Surface Owners Protection Act, if the court finds that compensation is owed under Section 3 of the Surface Owners Protection Act [70-12-4 NMSA 1978] the court may also award the prevailing party:
A. attorney fees and costs if:
(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 [70-12-5 NMSA 1978];
(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 [70-12-6 NMSA 1978];
(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
B. attorney fees, costs and treble damages if the court finds, by clear and convincing evidence, that:
(1) the operator willfully and knowingly entered upon the premises for the purpose of commencing the drilling of a well:
(a) without giving notice of the entry as required by Subsection B of Section 4 of the Surface Owners Protection Act; or
(b) without a surface use and compensation agreement with the surface owner and before depositing a bond or other surety pursuant to Section 5 of the Surface Owners Protection Act; or
(2) either the surface owner or the operator willfully and knowingly violated the surface use and compensation agreement.
