The governing body has determined that it is in the best interests
of the health, safety, and welfare of the community that all drilling
of new private domestic wells and new private commercial wells is
specifically prohibited when a water user’s property line is
within three hundred feet (300') of a serviceable water line unless
the water user is excepted from this requirement.
A. New
domestic wells within town limits prohibited.
After the
effective date hereof, no person within town limits may drill a new
domestic well if the property line of the place of use of the water
is within three hundred feet (300') of a serviceable water distribution
line, and the town has the capability and capacity to provide water
service to the subject property. For the purpose of this section,
“capability” means the town has sufficient water rights
to provide water to the property; “capacity” shall mean
the ability of the town’s wells and other points of diversion
have sufficient capacity to produce the water and sufficient space
in the storage distribution system to provide water to the property.
If the property line is located more than three hundred feet
(300') from a serviceable water line and the property owner drills
a new domestic well, the well shall be drilled and completed to comply
with the well construction standards set forth in article V of this
chapter and the total amount of water diverted from the well shall
not exceed 0.33 acre-foot per year. The well shall be equipped with
a totalizing flow meter installed on the discharge line and meter
readings shall be submitted to the planning department in January
of each year.
This section is subject to appeal to the town council for hardship
determination. “Hardship” for the purpose of this section
shall mean that the town does not have the capability of capacity
to provide water to service to properties within three hundred feet
(300') of a water line; or if the cost of connecting to the town’s
service is greater than the cost of drilling a new domestic well as
required by section 3-53-1.1 New Mexico Statutes Annotated.
B. Existing
water wells within town limits; requirements.
Any well
in existence within the town limits on or before the effective date
hereof is exempted from the well construction requirements set forth
in article V of this chapter, until such time as such well needs to
be replaced.
(Ordinance 03-04, sec. 1, adopted 2003)
A. Permit fees for any newly constructed or installed private domestic well shall be as set forth in the fee schedule in appendix
A of this code.
B. Fees
for each additional inspection for approval and evaluation purposes
shall be as set forth in the fee schedule.
(Ordinance 03-04, sec. 1, adopted 2003; Ordinance adopting 2023 Code)