New Mexico Supreme Court June 5, 2004, 28,231 (Kysar v. Amoco Production Co.)

OPINION

MINZNER, Justice.

{1} In this opinion, we discuss the surface access rights of a mineral lessee by virtue of a communitization agreement, which the lessee was authorized to execute by a prior owner of the fee. We do so in order to answer two questions certified by the United States Court of Appeals for the Tenth Circuit.