N.M. Admin. Code § 19.2.7.15
A prior application, if submitted in accordance with these rules and if in proper form, shall ordinarily be given a preference right to lease; provided, however, that neither this provision nor any other provision or combination of provisions contained in these rules shall ever be construed to limit the power of the commissioner to withhold at any time any tract or tracts from leasing for geothermal resources purposes, if in the commissioner's opinion the best interests of the trust, or the state agency involved would be served by so doing, and no such provision or provisions shall ever be construed so as to prohibit the commissioner from rejecting any application at any time prior to approval and issuance of lease, and to offer said tract or tracts for lease at public auction as provided in 19.2.7.21 NMAC through 19.2.7.26 NMAC, inclusive.
N.M. Admin. Code § 19.2.7.15