The previous operator sold his interest to a new operator in June 2023. The new operator did not send out royalty payments until October 2023 and after that, they have been sporadic at best. Production has always been substantial each month. Currently, the operator owes for August and September of 2024 based on New Mexico Statutes that state that once production is paid, the operator has up to forty-five days after the end of the calendar month within which payment is received to pay out to royalty owners. July 2024 check was received in December 2024 as an example. Should I look into collecting interest on these late payments from June 2023?
In general, you probably need to contact an oil and gas attorney to determine whether the state statutes permit the receipt of interest on late payments, and if so then what is the legal procedure for making a demand for the interest. The delay in payment to the operator for production will depend on whether the well is producing oil or gas. The delay in payment to the royalty owners could be caused by a delay in payment to the operator.