The provisions of the Surface Owners Protection Act apply to all oil and gas operations commenced on or after July 1, 2007 except:
A. maintenance and ongoing production activities related to an oil or gas well producing or capable of producing oil or gas on June 30, 2007 for which the operator has a valid permit from the oil conservation division of the energy, minerals and natural resources department, provided that:
(1) reentries, workovers and other oil or gas operations are subject to that act if the activities disturb additional surface; and
(2) the duty to reclaim, as stated in Subsection C of Section 3[4] [ 70-12-4 NMSA 1978] of that act, is applicable to such a well that is not plugged and abandoned on July 1, 2007; and
B. oil and gas operations conducted within the scope of an agreement, entered into prior to July 1, 2007, between a surface owner and an operator that sets forth the rights and obligations of the parties with respect to surface activities conducted by the operator.