This chapter shall be known and may be cited
as the "Doña Ana County Amended Water Ordinance."
This chapter is adopted and enacted in accordance
with the authority granted by NMSA §§ 3-27-1 et seq.,
4-36-10, 4-37-1, 72-4-3 and 3-53-1.1, and County Resolution Nos. 95-38,
96-36 and 97-27. The County is the designated management agency as
defined by the United States Environmental Protection Agency and the
New Mexico Environment Department.
This chapter applies to all County designated
service areas within the unincorporated area of the County to be served
by the County's water utility, as designated and established by this
chapter and by subsequent resolutions or ordinances.
The following words, terms, and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
The Safe Drinking Water Act.[1]
A person who applies for County water service.
Is caused by vacuum conditions in the County water system
when normal flow is reversed, allowing possible polluted water or
liquids to enter the County water supply system.
A device approved by the Utilities Director which prevents
possible backflow from system customers.
The Doña Ana County Board of County Commissioners.
Doña Ana County.
The person designated by the County as its Manager or Acting
Manager to supervise the administration of the County's duties, including
the operation of the publicly owned water system, and who is charged
with certain duties and responsibilities by this chapter, or his duly
authorized representative or designee.
Property owned by or maintained by the County, including,
but not limited to, streets, highways, alleys, planes, sidewalks,
plazas, parks, easements, curbs, and drainageways, which constitute
County rights-of-way.
A water system owned, established or authorized by the County
and constructed within a community or region in the unincorporated
area of the County. The County system includes water distribution
and transmission lines, booster stations, and any other facilities
of production and storage but, according to the circumstances of a
particular community or area, may or may not include a well facility.
Any physical connection or arrangement between two otherwise
separate piping systems, one of which contains potable water and the
other of unknown or questionable safety, whereby water may flow from
one system to the other, the direction of the flow depending on the
pressure differential between the two systems.
Any owner or user of a building or facility or other property
that receives water from the County system and/or is responsible for
payment of water services.
The entity which operates, maintains and manages the water
system and which may be the County, another municipality or a private
entity which by contract or other similar agreement performs those
duties.
An intentional cessation of service by the County which was
not requested by a customer.
A registered professional engineer currently licensed by
the State of New Mexico as a civil or environmental engineer.
The United States Environmental Protection Agency or, where
appropriate, the term may also be used as a designation for the administrator
or other duly authorized official of that agency.
A bill for utility service which is not based on an actual
reading of the customer's meter, or other measuring device, for the
period billed.
Include, but are not limited to, plants, works, systems,
improvements and equipment of the County such as pipes, mains, conduits,
wells, hydrants, tanks, water storage, underground lines and meters.
Service provided to apartment complexes, townhomes, mobile
home parks, and other multi-complexes that are served with one meter
with or without individual meters for separate units.
The water system owned, established, or authorized by a municipality
and to which, for the purposes of this chapter, a County system may
be connected for the supply of water.
The State of New Mexico Environment Department or, where
appropriate, the term may also be used as a designation for the director
or other duly authorized official of that department.
Any individual, estate, trust, utility, receiver, association,
cooperative, club, public or private corporation, company, firm, partnership,
joint venture, syndicate, federal, state, or local governmental body
or any other entity.
The point where the facilities of the County connect to the
facilities furnished by the customer.
Any dredged spoil, solid waste, incinerator residue, wastewater,
garbage, wastewater sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal, and agricultural
waste discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
The range of 20 pounds to 125 pounds which can ordinarily
be made available in the area contiguous to existing lines.
A device that maintains a constant water pressure at its
immediate downstream side which is less than the inlet pressure to
the device, unless the pressure on the inlet side is lower than the
pressure setting for the downstream side.
A description of the charges, conditions of services and
other similar information associated with the provision of water service
to a given class or type of customer.
The mailing or personal delivery of a bill by the County.
A rule, regulation or other decision adopted and enacted
by the Board, under the authority of this chapter for the purpose
of carrying out the policies, terms and conditions of this chapter.
The area of land within the unincorporated area of the County
that the County from time to time designates as the service area to
be provided water service by the County's water utility.
The pipe connection from a distribution water main to the
water meter.
The region delineated by exterior boundaries as shown on
the service area maps for which planning and development may effect
a County-designated service area.
A service provided to a customer by the County, which may
not be included in a rate schedule.
The customer or other person who connects to the County's
water system or otherwise uses County-supplied water.
The person designated by the County to administer this chapter
and the resolutions adopted, enacted and promulgated thereunder.
A utility service, including water, wastewater, electric,
and/or gas services.
The gauge pressure of water within a pipe measured in pounds
per square inch above atmospheric pressure and abbreviated herein
as "pounds."
The general term for furnishing the user with water.
[1]
Editor's Note: See 42 U.S.C. § 300f et seq.
A.
The County water system will serve the unincorporated
areas of the County, except those areas where a lawfully established
water system exists and is presently operating in its lawful service
area.
B.
From time to time the County will designate as County
water service areas those geographical areas where the County has
in place water system infrastructure capable of serving existing and
new development or has the ability to expand its water system to provide
service to new development in the area, pursuant to this chapter and
its rules and regulations, within a reasonable time.
C.
The County hereby identifies and designates the following
as County water service areas:
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Exhibit 1
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Southern Region
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Santa Teresa-border area
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D.
The water service area map is attached hereto as Exhibit
1, which is incorporated herein and made a part hereof.[1] These designated service areas and/or maps may be changed
by the County by subsequent ordinance or resolution, as the need requires,
consistent with expansions of or other modifications of the County's
water system as a result of new construction, operations, contracts,
public or private development or plans therefor.
[1]
Editor's Note: Exhibit 1 is on file in the Doña Ana
County Utilities Department offices.
E.
Mediation.
(1)
If a lawfully established water system ("competing
system") believes that the County, in designating a geographical area
as an area to which the County will provide service, is or will be
intruding upon that competing system's lawful service area, it may
seek to attempt to resolve the service area dispute with the County
by nonbinding mediation prior to filing any litigation against the
County over the dispute. The filing of a mediation request and the
mediation procedures shall be in accordance with the New Mexico Public
Works Mediation Act (NMSA §§ 13-4C-1 through 13-4C-11).
(2)
Nothing in this section requires the competing system
to seek mediation as a precondition to filing any litigation. The
County shall offer the nonbinding mediation process to the competing
system prior to the County's filing of litigation against the competing
system over a service area dispute.
(3)
Though the mediation is nonbinding, both the County
and the competing system shall mediate in good faith in an attempt
to resolve the dispute.
A.
Consistent with NMSA § 3-53-1.1, it shall be mandatory for new development and all new structures constructed in the County's designated service area or existing structures without an existing water supply to take water service from and connect to the County water system. Upon completion, acquisition or authorization of a new County system described in § 324-7, Grandfather clause. Further, where an existing structure in the County's designated service area is being served by an existing well on the property, it shall be mandatory for the property owner to connect to the system in the event that the existing well fails and needs to be redrilled. The owner of the existing well may use the existing well for outside water needs, but must use the County water system connection for the indoor needs of the structure. The two systems (existing well and County connection) must be physically separated from each other and have no means of cross-connection.
[Amended 9-27-2011 by Ord. No. 235-2011]
Any person in the designated water service area
who presently is providing water to his residence, building or other
structure by an existing and operating well, constructed and in place
prior to the effective date of County Ordinance No. 202-02,[1] is exempted from the obligation to connect to the County's water system; however, should the well fail, requiring it to be redrilled, the person will be subject to the mandatory connection provisions of this chapter (see § 324-6), as well as the other provisions of this chapter.
[1]
Editor's Note: The effective date of Ord. No. 202-02 was 7-9-2002.
[Amended 9-27-2011 by Ord. No. 235-2011]
The Board of County Commissioners shall have
the authority to set or to modify by subsequent resolution, rule,
regulation, or ordinance such standards, specifications and policies,
additional service areas, rates, expansion, line extension, line sizes
and water rights acquisition and other charges, conditions of service
and/or other matters, as may be deemed necessary, or deemed to be
in the County's best interests, for the establishment, construction,
expansion and maintenance and operation of the County water systems.
Attached hereto and titled Doña Ana County Water Rules and
Regulations is the present set of such rules and regulations, which
is incorporated herein, made a part of this chapter and shall be effective
with the effective date of this chapter.[1]
Any service furnished as a result of this chapter
shall be in accordance with and in compliance with all applicable
technical provisions of County, state and federal laws, rules and
regulations, as well as this chapter.
No user of the County water utility shall be
allowed to resell or redeliver for profit any water supplied from
the County system, without the proper written approval of the County.
A.
The rates and charges for the use of the County water
system and services furnished are fixed as set forth in the rate schedules,
attached hereto.[1] The rates and charges shall be sufficient to provide for
the cost of service, capital improvement and debt service of the County
system. In addition, the Board may assess, by subsequent ordinance
or resolution, a surcharge to said utility rates to provide for repairs,
replacement and/or expansions to any County system.
B.
All customers of the County system shall pay all user
rates, fees, and other charges as set by the Board in the manner established
by the County.
C.
Fees, charges and user rates may be different depending
on type of use, i.e., residential, commercial, industrial or institutional,
and/or by region served.
D.
The rates and charges fixed herein may be changed
or modified by the Board by subsequent ordinance or resolution, as
the need requires or as deemed in the County's best interests.
Utility billing and collection under the authority
of this chapter will be performed by the County or its designated
agent.
Utility operations and maintenance under the
authority of this chapter will be performed by the County or its designated
agent.
[Amended 9-27-2011 by Ord. No. 235-2011]
This chapter shall be administered by the Utilities
Director subject to the supervision and direction of the County Manager
and Board approvals and enforced by the County Utilities Director
and his or her department with the assistance of Codes Enforcement
and/or the Sheriff's Department. Applications for service or questions
concerning service should be directed to the Utilities Department.
[Amended 9-27-2011 by Ord. No. 235-2011]
Pursuant to NMSA § 4-37-3, a violation of this chapter or of any resolution adopted and enacted under its authority is punishable as set forth in Chapter 1, General Provisions, Article III, General Penalty. In addition, the County may in its sole discretion pursue other legal and equitable remedies allowed by law, including injunctive relief, in cases of unauthorized use of the County's water system services by any person. In the alternative, where applicable, the County may resort to its enforcement authority under § 324-12 of this chapter.
The Board expressly reserves the option, right
and duty to adopt from time to time, in addition to the provisions
herein contained, such resolutions and other ordinances as the Board
may deem reasonably necessary in the exercise of its police power
for the protection of the health, safety and welfare of its citizens
and their properties.
All notices required to be delivered to the
County pursuant to this chapter shall be sent, certified mail, to
the following:
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County Manager
Doña Ana County
845 North Motel Boulevard
Las Cruces, NM 88007
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and
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County Utilities Director
Doña Ana County
845 North Motel Boulevard
Las Cruces, NM 88007
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In the event the terms and/or the conditions in this chapter
conflict with those found in any other County or local ordinance or
state or federal statute or regulation, the more stringent terms and/or
conditions shall apply.
Any waiver by the County of a violation by a
person of any term or condition of this chapter shall not be deemed
or considered as a continuing waiver and shall not operate to bar
or prevent County from enforcing any succeeding violation either of
the same term or condition or another. All remedies afforded in this
chapter shall be taken and construed as cumulative, that is, in addition
to every other remedy provided herein or by law.
