A. Any
person who applies for municipal water services shall be required
to transfer consumptive water rights to the town in quantities sufficient
to meet the water demand of the project, or new service connection,
including any line loss. The applicant may meet the water rights transfer
requirements of this chapter if water is available from the town.
B. No
new municipal water service connection or increase in water use shall
be approved or made by the town until an application for service has
been signed and completed by the property owner and there has been
a completed transfer to the town of water rights or the water rights
transfer requirements of this chapter have been met.
1. A
complete transfer includes conveyance of the water right to the town,
a deed showing ownership of the water right(s), an approved application
to the office of the state engineer (OSE) for transfer of ownership,
and a full or partial change in the place of use and purpose of use
and point of diversion which is approved by the OSE.
2. The
applicant shall bear the costs associated with the transfer of ownership.
3. The
applicant shall pay a one-time five hundred dollar ($500.00) fee for
the town to perform its due diligence as to the validity of the water
right(s) that the applicant proposes to transfer.
4. The
town has the exclusive discretion to approve or disapprove any proposed
water rights transfer to the town.
C. The
requirements of this section for transfers of water rights shall be
restricted to new municipal water service connections and to water
service which has been terminated for more than two (2) years. Such
requirements do not apply to reconnection or renewal of service which
has been terminated for less than two (2) years, or to water rights
which have been previously purchased by or transferred to the town
water system and approved by the office of the state engineer. If
the active service increases the use of water, the increase in water
usage between the previous use and the increased use must be transferred.
Increased use is determined by first computing the average water use
of the current user for the past two (2) years based on water bills
with the town. That average is then compared to the calculated new
use based on the water allotment schedule. The difference between
these two (2) values shall be the additional consumptive water rights,
if any, to be transferred to the town or water purchased from the
town.
D. The
amount of water rights which shall be required to be transferred under
this section shall be calculated on an acre-foot consumptive use basis,
plus an additional ten percent (10%) of the consumptive use amount
to compensate the town for line losses associated with each connection.
Completion of such transfers shall be contingent on the approval for
such transfer to the town under the rules, regulations and procedures
of, and in compliance with, the state water laws and town ordinance.
All costs incurred in connection with any such transfer shall be borne
by the applicant.
(Ordinance 03-04, sec. 1, adopted 2003)
All new subdivisions must include in their disclosure statements
to prospective buyers the amount of water rights to which each lot
is limited according to the amount of water purchased from the town
or the amount of water rights transferred to the town by the subdivider.
(Ordinance 03-04, sec. 1, adopted 2003)
A. In
order to evaluate the impact on the town’s water supply, all
property owner initiated annexations will be considered upon submittal
of a water plan submitted by the property owner(s) requesting annexation.
Annexations to the town may be approved only after the town has evaluated
the impact of the proposed annexation on the pumping and distribution
system and on the availability of water rights.
B. The
town may determine that a property or area to be annexed will not
have an impact to the town’s water supply if such property or
area has its own public or private water supply, or such property
or area is beyond the service area of the municipal water supply and
can be served through the future installation of a public or private
water supply.
(Ordinance 03-04, sec. 1, adopted 2003)
A. The
town shall not issue a building permit to any applicant for a building
permit until all water and water rights requirements of this chapter
are satisfied.
B. This
restriction shall not apply to building permits issued by the town
which do not require a water service connection, or an increase in
water use for existing water service connections.
(Ordinance 03-04, sec. 1, adopted 2003)
The transfer of any water rights to the town, wherever applicable,
in no way abolishes any requirement of connection fees, impact fees,
or any other requirements of the town regarding the water system.
(Ordinance 03-04, sec. 1, adopted 2003)
All owners of water rights within the town and its service area
shall be encouraged to continue to use any and all irrigation rights
beneficially. In those cases where such rights are not being used
or are unlikely to be used in the future such owners shall be encouraged
to place them in trust with the town.
(Ordinance 03-04, sec. 1, adopted 2003)
A. Water
consumption.
It is unlawful for any person to divert
and/or consume more water than allowed by the person’s water
service agreement with the town without first purchasing sufficient
water from the town and/or transferring to the town additional water
rights in an amount sufficient to meet the person’s water demands.
(Ordinance 03-04, sec. 1, adopted 2003)
A. A person
may request approval from the town council to transfer water rights
to the town to be placed in trust. The transfer, if authorized by
the council, is subject to review and approval by the office of the
state engineer. Water rights in trust remain under the ownership of
the water rights owner until they are sold or put into use by the
owner through an approved water service connection with the town.
In the interim, water rights in trust with the town may be used by
the town to allow for the continued beneficial use of said rights.
The party placing water rights in trust to the town shall be the beneficiary
of the trust.
B. The
costs incurred by the water rights owner(s) in the transfer of water
rights to the town will be the sole responsibility of the water rights
owner. The water rights owner is required to provide to the town copies
of all documents and correspondence relating to the transfer of water
rights, prior to submittal to the office of the state engineer.
C. In
the event water rights are placed in trust with the town, the beneficiary
of the trust must obtain prior approval from the town before subsequent
use or sale of said water rights. Approval by the town is required
to ensure that the town has the capability and capacity to provide
such water to the water user at the time of use. In the event the
town does not have the capability or capacity to produce the water
associated with the subject water rights, the beneficiary of the trust
or the new owner of the water rights shall reimburse the town for
the costs and fees associated with the drilling, completion and connection
of any necessary wells to the town water system.
D. In
the event that the town is required to incur additional costs in developing
a water source and/or delivery system in order for the water user
to sell and/or use the water rights in trust, that additional cost
shall be paid by the water user.
(Ordinance 03-04, sec. 1, adopted 2003)
As additional water rights become available to the town, the
following policies shall apply:
A. Sixty
percent (60%) of town water rights will be allocated to residential
and public users per year, with forty percent (40%) allocated to commercial
and industrial development within the town’s corporate limits.
B. Commercial developers can purchase up to ten (10) consumptive acre-feet of water plus line loss per development, subject to the provisions of subsection
A of this section. Any additional water rights needed by the developer must be transferred to the town as required by section
13.04.040 of this chapter or may be acquired from the town if such additional quantity is available, and with the approval of the town council.
C. The
town will reserve twenty (20) consumptive acre-feet of water rights
per year for projects which are clearly for the health, safety, and
welfare of the residents of the town.
(Ordinance 03-04, sec. 1, adopted 2003)
A. In
the event that the town should have additional water rights available
from the San Juan Chama water project, from the town’s well
field, or other sources, the town may offer the water for sale to
residents of the town for residential and commercial use subject to
the provisions of subsection 13.04.110.A of this article.
B. Water offered for sale by the town may be used to meet the water rights transfer requirements set forth in section
13.04.040 of this article. A water service connection will be provided upon payment per consumptive acre-foot of water rights as determined by resolution of the town council. Water allotments that result in portions of an acre-foot are prorated against the cost per acre-foot. The town retains ownership of the water rights and will provide to the water user a water service agreement in accordance with the provisions of this chapter.
C. Nothing
in this section shall require the town to sell any of the water rights
or water it owns, or to accept any water rights transferred if they
are less than the water required for the project and/or less than
the amount stated in the application.
D. Charges
and fees collected pursuant to this section shall be deposited by
the town in a separate fund for the payment of fees and investment
associated with the San Juan Chama water contract, and for the purchase
of additional water rights for the town.
E. The
payment of the charges and fees stated herein shall be paid prior
to receiving a water service connection by the town, unless other
terms acceptable to the town have been negotiated in writing.
(Ordinance 03-04, sec. 1, adopted 2003)
A. When
there is a change to an existing water or sewer service, the property
owner is responsible for providing the town with a completed application
for water and sewer service. The town, at its sole discretion, shall
make the final determination as to whether or not the change in use
constitutes a new connection according to the following criteria:
1. When
a new residential or commercial structure is to be connected to an
existing water or sewer line, the town will review the licensed plumber’s
or licensed engineer’s determination as to whether or not the
existing line is capable of servicing the increased flow. If the increased
flow does not warrant a separate meter/line or change to the existing
service, this does not constitute a new service connection;
2. When
the increased flow necessitates a separate meter or line or change
to the existing active service, this constitutes a new service connection;
or
3. When
the change provides service to an additional owner, this constitutes
a new service connection.
B. Whenever
an existing meter must be replaced as a result of damage caused by
the property owner, the owner shall be responsible for all costs associated
with such replacement. Such replacement shall be performed by a licensed
plumber and inspected by the town public works department.
C. If the increased flow necessitates a change in service, the applicant is responsible for transferring to the town water rights in sufficient quantities to meet the owner’s increased water demand or purchasing from the town the necessary additional water in accordance with sections
13.04.040 and
13.04.120 of this article.
(Ordinance 03-04, sec. 1, adopted 2003)
All persons requesting a new municipal water service connection,
change in use, or increase in use shall complete an application for
service prior to receiving building permit approval. The code administrator
shall calculate the quantity of water and water rights required according
to the annual water allotment schedule, prior to issuing a building
permit or business license. If additional water and water rights are
available from the town, the water required will be allocated to the
project. After the building permit is approved, the applicant shall
pay all applicable water and sewer fees prior to receiving a connection.
If additional water is not available for purchase from the town, the
building permit application will not be reviewed until all required
water rights are transferred to the town.
(Ordinance 03-04, sec. 1, adopted 2003)
A. The governing body has determined that it is in the best interests of the health, safety and welfare of the community that all property owners whose property line is within three hundred feet (300') of a serviceable water line connect to the town’s water supply system and/or transfer or acquire the water and/or water rights based on the annual water allotment schedule (section
13.04.110 of this article), and pay all applicable monthly fees.
B. No
new municipal water service connection shall be approved by the town
until there has been a completed transfer to or an acquisition from
the town of water rights as set forth in the annual water allotment
schedule as determined by resolution of the town council.
C. Cross
connections, in which it is possible for nonpotable, used, unclean
or polluted water or any other substances to enter into the town water
supply, are prohibited.
D. All
costs incurred by the property owner in extending or constructing
a water service line between the serviceable water line and the owner’s
property shall be paid by the property owner.
(Ordinance 03-04, sec. 1, adopted 2003)