A.
The following rules and regulations apply in the unincorporated
areas of the County wherever the County is furnishing water service
to its inhabitants with its County water utility.
B.
These rules and regulations are enacted by the County
pursuant to its authority granted by NMSA §§ 4-36-10,
4-37-1, and 3-26-1 et seq., and by County Resolution Nos. 95-38, 96-36
and 97-27.
C.
These rules and regulations are intended to promote
safe and adequate service to the public and to provide standards for
uniform and reasonable practices. The rules and regulations herein
established shall remain in effect until amended or superseded by
subsequent ordinance or resolution.
D.
Doña Ana County does not assume any responsibility
to serve or extend its water facilities to serve additional customers
located outside the service area boundaries as defined by the County.
Water service for residential, commercial, industrial,
institutional and other purposes will be furnished under conditions
as stated in these rules and regulations. Service to a customer will
be provided at the rates set forth in the applicable rate schedules.[1]
A.
Residential service.
(1)
Residential service shall include water service to
a single house or to a multiple dwelling unit or condominium if separate
piping is installed for each dwelling unit so that water service to
each unit can be metered and billed separately, and provided meters
are grouped and numbered as specified in Rule No. 9.[2]
(2)
Where premises are used for both residential and commercial
purposes, the water service will be billed under the applicable commercial
rate schedule. When separate piping is installed to permit separately
metering the water service to each class of service, billing will
be rendered in accordance with the applicable rate schedule.
(3)
Any establishment acknowledged or advertised as a
business, professional or commercial enterprise will be classified
as nonresidential.
(4)
Each service will be metered and billed separately
or as otherwise agreed.
B.
Commercial service.
(1)
Commercial service shall include water service to
all types of establishments, including multiple-family residential,
not included in the "residential" classification, mobile home parks
served by common service line(s), retail, offices, hotels, motels,
shopping centers, and laundromats, none of which use water in the
manufacturing process.
(2)
Only one premises or business will be served through
one service line, except a group of buildings under one management
and control and provided that each building or service requirement
is an integral part of and necessary to the operation of the establishment
and provided meters are grouped and numbered as specified in Rule
No. 9.[3]
(3)
Each service will be metered and billed separately
or as otherwise agreed.
D.
Institutional service.
(1)
Institutional service shall include water service
to government buildings, hospitals, schools and other facilities that
provide public and quasi-public services.
(2)
Only one premises or business will be served through
one service line, except a group of buildings under one management
and control and provided that each building or service requirement
is an integral part of and necessary to the operation of the establishment
and provided meters are grouped and numbered as specified in Rule
No. 9.[4]
(3)
Each service will be metered and billed separately
or as otherwise agreed.
A.
Responsibility of the County. The County will own,
operate and maintain the complete water system up to the point of
delivery.
B.
Responsibility of the customer.
(1)
The customer shall install, own and maintain all facilities
from the point of delivery and up to and within the connected facility
or unit.
(2)
The customer or property owner must exercise due care
for the protection of the property of the County on the customer's
premises.
(3)
The customer agrees, in accepting service, that only
a County employee shall be allowed to make an internal or external
adjustment of the County meter or any other piece of apparatus that
is the property of the County.
(4)
Facilities or equipment necessary for special requirements
shall be installed and maintained by the customer.
A.
The County shall not be liable for damage to any customer
of a County-owned water system due to stoppage, obstruction, breaks,
failure of supply, interruption of service or any other cause outside
the direct control of the County.
A representative of the County shall have the
right to ingress to and egress from the customer's premises at reasonable
times for the purpose of inspecting, maintaining, testing, reading,
changing, installing, or removing its meters. If such representative,
after showing proper credentials and identification, is refused admittance
or hindered or prevented from performing the above duties, the water
service may be discontinued until free access is given in accordance
with Rule No. 13[1] and/or the customer shall be subject those actions described in § 324-16, Enforcement; penalty.
The County will adhere to the applicable minimum
design and construction standards and technical provisions as established
under state law, federal law and/or County ordinances or standards
for water facilities.
A.
Applications for water service shall be made at the
County offices or designated location. Applications shall be in a
form prescribed by the County, application for water service and user
agreement, and shall include specific terms and conditions for which
water service will be provided. All applicable administrative charges
and one-time charges, as described in Rate Schedules 1 and 2,[1] shall be paid or payment arrangements made prior to approval
by the County. The County shall have a reasonable time to provide
water service, once the application has been accepted.
B.
The cost to physically connect to the water service
line is the responsibility of the customer. The conditions of piping
and character of installation on the premises shall be subject to
inspection and approval by the County, and if such piping and/or installation
is found to be faulty, the County may refuse to provide service until,
and after, such faulty installation has been corrected to the satisfaction
of the County. The County does not assume the responsibility for such
inspections and shall not be held liable for failure of such piping
or installations.
C.
The County reserves the right to limit each customer
to a maximum daily average use.
D.
To enable the County to provide adequate service facilities,
the customer may be required to provide quantity information on new
construction or alterations sufficiently in advance of the date upon
which the customer expects water service to commence.
E.
The County shall supply service within a reasonable
time after the application or agreement is approved, and after any
necessary permits have been obtained. It is the responsibility of
the customer to comply with all applicable codes and to obtain the
necessary permits from governmental authorities. If, due to circumstances
beyond the control of the County, service cannot be furnished within
a reasonable length of time, the customer shall be advised promptly
regarding the delay.
F.
New or additional service will be limited to the available
unreserved capacity in production, transmission and distribution facilities,
and commensurate with the County's available water rights.
A.
Where service connections are available, temporary
service will be furnished under the County's established rules, regulations,
and rates for the type of service required; provided, however, that
the customer shall pay, in addition to the cost of service rendered
under its applicable rate, the cost of installing and removing, or
of connecting and disconnecting the necessary facilities required
to provide such service.
B.
The rate to be charged for temporary water service
will be in accordance with the County's existing applicable rate schedules.[1] Water service for specialized use shall be considered
as a special case when not covered by a specific filed rate schedule.
C.
Where water service is supplied directly to a mobile/manufactured
home or other temporary or portable structure, the County shall require
that the application for service and user agreement be in the name
of the owner of the property on whose land the mobile/manufactured
home or other portable structure is located. In such case, the monthly
bill may be billed to the tenant as may be requested by the property
owner, but the property owner will be held responsible for any unpaid
charges.
D.
Where water service is supplied to an individual mobile/manufactured
homes and other portable structures, the customer shall pay for the
installation and removal cost of providing this service.
E.
The County reserves the right to furnish or not to
furnish water service for any type of temporary or special service
and, further, to define the conditions under which the water will
be provided. Continuous service under normal conditions to existing
customers shall take priority over customers receiving temporary service.
A.
The service connection shall be constructed in accordance with the technical provisions as identified in § 324-9. The cost of the construction is the responsibility of the customer and is subject to inspection by the County.
B.
Operating pressures within the range of 20 pounds
to 125 pounds per square inch can ordinarily be made available in
areas contiguous to existing lines and at the pressures indicated
for normal operations. Where applications for service are received
involving service to elevations either above or below the established
elevation, special engineering and economic studies may be required
that could result in other than normal equipment requirements to provide
such service. All circumstances will be taken into account in determining
the feasibility of rendering water service and, where feasible, extensions
will be made subject to the provisions outlined in Rule No. 24, Line
Extension Policy.[1]
C.
One water service line for each dwelling shall be
installed on the premises except when a building contains more than
one unit requiring separate meters, provided all meters are grouped
adjacent to each other and are individually numbered and identified
according to the units served.
D.
The customer shall install a service line in accordance
with the Uniform Plumbing Code, Mechanical Code or other state or
County requirements.
E.
A cross-connection with any other source of water
is prohibited to be made to a customer's piping which is connected
to the County's lines.
F.
When the operating water pressure is determined by
the customer to be less than required, the customer shall install
a booster pump and pressure storage tank on the customer's yard line.
The design for any such installation, including an approved backflow
preventer, shall be prepared and submitted by an engineer to the County
for approval; such approval must be received prior to construction.
G.
When the operating water pressure is determined by
the customer to be greater than required, the customer shall install
an adjustable pressure-regulating device in the customer's yard line
approved by the County.
H.
Piping and plumbing installations made by the customer
or under responsibility of the customer shall conform with the Uniform
Plumbing Code, Mechanical Code or other state or County requirements.
I.
In the case of multiple dwelling units or condominiums, service can be rendered by a single connection or by individual meters for each dwelling unit, provided the meters are grouped and numbered in accordance with Subsection C.
J.
A backflow prevention device may be required as determined
by the Utilities Director to be installed on the customer side of
the service connection. The requirement for a backflow device shall
be decided by the Utilities Director on a case-by-case basis and shall
conform to the Uniform Plumbing Code, Mechanical Code or other state
and County requirements. If required by the Utilities Director, the
device shall be tested for proper operation annually and the results
submitted to the County within 10 days of the required date of testing.
Any malfunction found in the device will be corrected within three
working days of the test.
[Amended 9-27-2011 by Ord. No. 235-2011]
The County will specify the meter location and
point of delivery to any premises, at the curb, property line or alley,
and the customer shall contact the County for exact information locating
the point of delivery before any piping of customer's system has been
started.
A.
Water service provided by the County to any customer shall be used only in connection with such customer's residence, dwelling, or building to which the County has authorized a water service connection and for which a customer account exists. The customer connection must comply with technical provisions identified in § 324-9, be properly permitted and be successfully inspected by the County Utility and other local inspection authority.
B.
Additional facilities shall not be connected to the
existing service nor shall service be piped from one residence, dwelling,
or building to another residence, dwelling or building without first
obtaining a written permit, authorization and/or statement of requirements
from the County, and without first complying with any such requirements.
C.
Should a connection be completed in violation of the
previous Subsections A and B, the connection will be considered unauthorized
and the following actions shall be taken by the County Utility:
A.
The County will strive to furnish adequate, efficient
and reasonable service. The customer should report interruption or
any problems of service promptly to the County. The County will endeavor
to restore or repair service within a reasonable time.
B.
The County will use reasonable diligence to furnish
a regular and uninterrupted water service; however, interruptions
or problems may occur or service may be curtailed or fail as a result
of circumstances beyond the control of the County, including but not
limited to those caused by public enemies, accidents, strikes, legal
processes, or damages, repairs or changes in the County's transmission
or distribution facilities. The County will endeavor to give reasonable
notice in advance of any planned effort.
C.
Customers whose service requirements exceed those
normally provided should advise the County and contract for additional
facilities as may be required.
A.
Customers who intend to move from premises or discontinue
the use of water services or in any way terminate their liability
shall give the County or its designated agent reasonable notice of
such intentions. The customer will be liable for water service charges
for the premises until such notice is given and the County has conducted
the final meter reading. Upon receipt of such notice, the County will
read the meter within a reasonable period of time or within approximately
five working days. The owner of the premises will be subject to the
minimum fixed charge up to the time of the final meter reading.
B.
The County reserves the right to interrupt service
for a reasonable period for maintenance and repairs to its property
or equipment.
C.
The County may discontinue water service to a customer
without prior notice:
(1)
In the event of a condition determined by the County
to be hazardous.
(2)
In the event of customer use of equipment in such
a manner as to adversely affect the County's equipment or the County's
service to others.
(3)
In the event of customer's tampering with, damaging,
or destroying the equipment furnished and owned by the County.
(4)
In the event of unauthorized use of service.
D.
The County may discontinue water service to a customer
with prior notice for:
(1)
Nonpayment of a delinquent account.
(2)
Failure to comply with the terms and conditions of
a settlement agreement.
(3)
Refusal to grant access at reasonable times to equipment
installed upon the premises of the customer for the purpose of inspection,
maintenance or replacement.
(4)
Failure to comply with conditions specified by the
County and/or the application for service and user agreement required
to obtain County water services.
(5)
Violation of and/or noncompliance with the County's
rules on file with the office of the County Clerk and approved by
the governing body.
(6)
Failure of the customer to fulfill contractual obligations
for utility service and/or facilities other than settlement agreements.
E.
The notice of discontinuance required by this rule
shall Include the following:
(1)
A statement of the reason(s) why the County has issued
notice to discontinue water service.
(2)
The title(s), address, telephone number(s) and working
hours of the personnel at the County responsible for carrying out
the rights herein prescribed.
(3)
Notice that the customer may obtain a review by County
personnel to address the reasons for the discontinuance of service.
(4)
Notice that a complaint may be filed with the Utilities
Director if the customer disagrees with the County's determination
of the facts on which the proposed discontinuance is based. If the
customer requests a review by the County, discontinuance of service
shall be stayed during the review.
[Amended 9-27-2011 by Ord. No. 235-2011]
(5)
The amount owed and the date by which the customer
must either pay the amount due or make other arrangements with the
County concerning payment of the charges, including arrangements for
a settlement agreement. The service period over which said amount
was incurred, the date, and the amount of the last payment shall be
available upon request.
(6)
Notice that the County will not discontinue service
to any residence where, upon adequate proof, the County determines
a seriously ill person or person whose life may be endangered by discontinuance
of service resides.
F.
The County shall not discontinue service for:
(1)
Failure of a customer to pay for special services.
(2)
Failure of a customer to pay for service received
at a separate water service point, residence or location. However,
in the event of discontinuance or termination of service at a separate
water service point, residence or location, the County may transfer
any unpaid balance due to any other service account of the customer.
(3)
Nonpayment of the disputed amount of a bill.
(4)
Delinquency in payment for service to a previous occupant
of the same premises unless a court has found the new customer is
legally liable for the debt of the previous occupant.
(5)
Failure of a customer to pay the bill of another customer
as guarantor thereof.
G.
Any customer whose service is involuntarily disconnected
may be required to pay a reconnection charge in addition to all charges
before being reconnected to the County's utility systems.
H.
The County employee sent to discontinue utility service
shall be empowered to receive full payment, by check or money order,
of delinquent bills and, upon receipt of the full payment in a form
acceptable to the County, said employee shall be empowered to cancel
the discontinuance order.
I.
When a customer has indicated to the County an inability
to pay utility charges, has not been chronically delinquent, and can
provide some evidence and/or documentation of hardship such as medical
or other extenuating circumstances, the County shall attempt to arrange
an installment plan for the payment of past-due utility charges. While
an installment plan is being negotiated, the County shall not discontinue
service to such customer. In the event that either negotiation of
the installment plan is discontinued or progress in its negotiation
is stalled, the County may proceed with discontinuance of service.
J.
Utility service to a customer may be discontinued
only during the hours from 8:00 a.m. to 3:00 p.m. on Monday through
Thursday and may not be discontinued less than 24 hours prior to a
holiday or weekend unless the County's designated business office
is open for receipt of payment of past-due charges and County personnel
are available to restore such service upon payment during said holiday
or weekend.
Notice by the County to the customer may be
given verbally, in person or by telephone, or in writing. A mailed
written notice will be deemed received three business days after mailing
to the customer's billing address. Hand-delivered written notice shall
be deemed effective immediately upon delivery to the service address.
A.
Inquiries or complaints concerning the application
or interpretation of rates, charges and regulations may be made to
the County Utilities Department or designated agent by telephone,
in person, and/or in writing. The inquiry or complaint shall be documented
as received in the County's Customer Inquiry Log. County staff or
the designated agent will make every attempt to investigate, respond,
and resolve the issue in a timely manner.
[Amended 9-27-2011 by Ord. No. 235-2011]
B.
In the event that the customer is not satisfied with
the action of such County representative, the customer may direct
a written complaint to the Utilities Director. Such written complaints
shall be fully investigated, and the Utilities Director shall provide
a written decision in an effort to resolve or satisfy the inquiry
or complaint of the customer. Any customer who does not file a written
complaint with the Utilities Director within 30 days of the decision
or action of the County representative, which is the subject of the
complaint, shall waive any right to contest such decision or action.
C.
Any customer who is dissatisfied with the Utilities
Director's written decision may, within 30 days of the date of said
written decision, file an appeal to the Board, which shall hold a
public hearing to review the Utilities Director's decision. The Board
may uphold, reverse or modify the Utilities Director's decision.
[Amended 9-27-2011 by Ord. No. 235-2011]
The rates and charges to be paid to the County
for water service will be the rates and charges legally in effect,
approved by and on file with the office of the County Clerk. Complete
schedules of all rates and charges legally in effect will be kept
at all times at the County Utilities Department, where they will be
available for public inspection. Attached hereto are Rate Schedules
1 through 5, which shall be in effect with the effective date of this
chapter.[1]
A.
The County may require a security deposit or other
guarantee of payment as condition of new or continued service to a
residential customer, specifically in the case of service:
(1)
To a residential customer, who has not previously
had utility service with the County;
(2)
To a chronically delinquent residential customer of
the County;
(3)
To a residential customer who is being reconnected
following discontinuance of service by the County; and
(4)
To a residential customer who, without authority,
has interfered with or connected to the County water system.
B.
Commercial and industrial customers shall be required
to make a deposit.
C.
Institutional customers may be required to make a
deposit if determined necessary by the County.
E.
Customers who have not been delinquent for the twelve-month
period from the date of deposit or guarantee will receive a credit
to their account. If the customer fails to qualify for a refund of
the deposit on the first anniversary date of the deposit, that account
may be reviewed on each subsequent anniversary date of the deposit.
The amount of the deposit shall be credited if the customer has not
been delinquent during the preceding 12 months.
F.
Each customer posting a security deposit shall receive
in writing at the time of tender of deposit a receipt as evidence
thereof. The receipt shall contain the following minimum information:
G.
The County shall maintain records of deposits and
issue receipts of deposits in accordance with applicable requirements
of state law and regulations.
B.
When billing for multiple services at a residence,
the use and charge attributable to each service shall be clearly set
forth on the bill. Utility service to multiple locations billed to
a single residential customer shall be separately stated for each
location.
C.
All bills for water service are due when rendered,
and are payable within 30 days from the date of the bill, and if not
so paid the bill shall be considered delinquent.
D.
E.
If the last day for payment of a bill falls on a Saturday,
Sunday, legal holiday, or any other day when the offices of the County
regularly used for the payment of customer bills are not open to the
general public, the final payment date shall be extended through the
end of the next business day.
F.
The terms "month" and "regular billing period" as
used herein and in the rate schedules are hereby defined as a thirty-day
period or the elapsed time between two successive meter readings approximately
30 days apart.
G.
For calculating variable charges and in the event
of the stoppage of, or the failure by any meter to register the full
amount of water consumed, or of the inaccessibility of the meter,
the customer will be billed for such period on an estimated consumption
based upon use of water in a similar period of like use.
A.
Conditions.
(1)
The County shall not render a bill based on estimated
water use to a customer unless:
(a)
The utility is unable to obtain access to the
customer's premises through no fault of its own for the purpose of
reading the meter.
(b)
A meter is defective or has been evidently tampered
with or bypassed.
(c)
Weather conditions prohibit meter readings or
where other force majeure conditions exist.
(2)
If the County is unable to obtain an actual meter
reading for these reasons, the County shall attempt to contact the
customer and obtain access to the premises.
B.
If the County underestimates a customer's water use
and subsequently seeks to correct the bill, the customer shall be
given an opportunity to participate in an installment plan with regard
to the underestimated amount.
C.
Meters will be read at regular intervals; however,
if a meter reading is missed, the County may bill the customer on
an estimated consumption, and the difference shall be adjusted when
the meter is again read. The basis for this estimate shall be the
normal consumption for corresponding periods in the preceding year
and/or normal consumption of preceding months.
A.
The County agrees to promptly investigate any question
as to accuracy of bills for service rendered. If the bill is in error,
the County shall submit a corrected bill, which reflects an increase
to the customer as promptly as circumstances permit, or give credit
on a subsequent bill rendered to the customer in the amount of any
overcharge. The County will use its best efforts to explain the error
to the customer.
B.
An equitable adjustment of the charges may be made
in the event of an unforeseen or extraordinary circumstance not occasioned
by the customer.
A.
Settlement agreements shall be in writing and at the
discretion of the County. When the County and a customer settle a
dispute or when a customer does not dispute liability for an outstanding
bill or bills but demonstrates an inability to pay the outstanding
bill or bills when due, the County and the customer shall enter into
a settlement agreement to pay the amount of the bill. The County is
not required to enter into a settlement agreement with a chronically
delinquent customer. However, if a chronically delinquent customer
can demonstrate to the County that the customer does not have adequate
financial resources to pay the outstanding bill without participation
in the settlement agreement and because the customer has a low income
and is elderly, disabled, or subject to other special considerations,
the County shall give special consideration to such a customer in
determining whether to extend a settlement agreement to that customer.
B.
Every settlement agreement, involving an inability
to pay an outstanding bill in full when payable according to Rule
No. 18,[1] shall provide that service will not be discontinued if
the customer pays a reasonable portion of the outstanding bill upon
signing the settlement agreement and agrees to pay the remaining outstanding
balance in reasonable installments until the bill is paid. For purposes
of determining reasonableness, the parties shall consider:
C.
A settlement agreement to pay an outstanding past-due
balance on a bill does not relieve a customer from the obligation
to pay future bills on a current basis.
D.
If the customer has entered into an installment plan
pursuant to a settlement agreement, the customer shall receive a statement
of:
E.
If a customer fails to comply with a settlement agreement,
the County may discontinue service after notifying the customer by
delivery of written notice that the customer is in default of the
settlement agreement, stating the nature of the default and that unless
a payment which brings the settlement agreement current is made within
seven days from the date of notice, the County will discontinue service
on a specified date.
F.
The County and a customer may renegotiate the terms
of a settlement agreement.
A.
Ownership of meters. All meters used in connection
with metered service shall be furnished and installed by certified
personnel or by the County at the expense of the customer, all of
which are maintained and owned by the County.
B.
Meter testing. Upon request by a customer, the County
shall make a test of the meter. A report of the results of the test
shall be made to the customer within a reasonable time after completion
of the test, and a record of the report, together with a complete
record of each test, shall be kept on file at the County.
D.
Fast meters. When a meter is found to be fast, in
excess of 2% as a weighted average of the total volume of flow at
all test rates, the customer shall be issued a credit to its account
for charges reflected by the incorrect reading for previous months
as determined affected by the County Utilities Director.
[Amended 9-27-2011 by Ord. No. 235-2011]
E.
The County reserves the right to test meters at any
time during business hours and to enter the premises of a customer
if necessary for that purpose.
A.
If an existing customer is planning further development,
which will use unusually large quantities of water, the County shall
be consulted in advance for its approval of such additional service
and for the terms and advice as to conditions under which the water
will be supplied to the premises of the customer.
B.
Resale of water service or the furnishing of water
service to others by customers will not be permitted except where
such resale or furnishing of service is provided for in the applicable
rate schedule and in a written agreement between the customer and
the County.
C.
The County reserves the right to limit the size of
service connections and to prohibit the customer's waste or the flow
of excessive quantities of water that exceed or strain the capacity
of the County facilities. Noncompliance of this rule by a customer
shall constitute grounds for discontinuing service in accordance with
Rule No. 13, Discontinuance and Denial of Restoration of Service.[1]
D.
The County reserves the right to impose restrictions
or limitations on water services should an outside governing or regulatory
body impose similar restrictions on the County.
The purpose of this section is to define the
terms and conditions for a County water line extension to serve an
applicant. Applicants for subdivision development shall refer to and
comply with Chapter 300, Subdivision of Land,[1] as well as this chapter.
A.
Application.
(1)
The applicant requesting water service requiring a
line extension must request such service in writing. The request shall
describe the following:
(2)
The County Utilities Director shall review the application
and make a recommendation to the Board for Board consideration and
approval as to the availability and feasibility of providing such
service. The terms and conditions shall be set forth in a line extension
agreement to be executed by the County and the applicant.
[Amended 9-27-2011 by Ord. No. 235-2011]
B.
Conditions of a line extension.
(1)
The County may extend or approve the line extension
in the streets, alleys, and/or easements, within the service areas,
in order to permit connections by an applicant seeking water service.
The extension will be made from the nearest adequately sized water
line.
(2)
All line extensions shall be installed to the farthest
property line of the lot or parcel to be developed or connected. All
meters shall be installed in a manner approved by the County.
(3)
The size and capacity of the line extension shall
be determined by the capacity needs to meet the projected development.
In the event the County requires a larger line size than is required
to serve the applicant's needs, the County may absorb the difference
in investment between the applicant's required line size and the line
size required by the County. In no event shall the line extension
be based on lines smaller than those needed for the applicant's fire
service requirements. The minimum distribution line size for adequate
fire protection is eight inches' diameter. The County shall be the
sole judge of proper line sizing.
(4)
All lines will be constructed in existing public roads,
streets, County-owned land, alleys, or easements. The applicant shall
furnish such rights-of-way as are required without charge to the County
within property owned by said applicant and shall assist the County
in securing other rights-of-way necessary to provide service through
property not owned by said applicant.
(5)
The County shall review, approve and inspect all design
and construction of proposed line extensions. All line extensions
shall be in accordance with and in compliance with all applicable
technical provisions of County, state and federal laws. Where the
water system is connected to a municipal system, water and sanitation
district, or other system not owned by the County, the line extension
will additionally be in accord with and will comply with applicable
municipal codes, ordinances and regulation of that municipality, the
water and sanitation district, or other system.
C.
The total cost for the line extension as set forth
shall be paid by the applicant. The costs shall be subject to future
refunds to that applicant, if water service is provided to a new customer,
under the following terms and conditions:
(1)
Connection is within 10 years from the date of the
original line extension agreement between the County and applicant.
(2)
The new customer's property abuts applicant's line
extension (other than at the end of applicant's line extension where
the new customer's line extension is to begin).
(3)
The County connects the line extension for said new
customer's water service to applicant's line extension.
(4)
The applicant's line extension is necessary for domestic
or fire flow service to a new customer.
(5)
The refund amount to the applicant shall be determined
based on a front-foot basis for individual lots or on an acreage basis
for undeveloped tracts. The amount shall be calculated as a percentage
of the footage and/or acreage for the total parcels already connected
and to be connected to applicant's line extension.
(6)
Refunds made under this provision shall not exceed
the amount of applicant's contribution to construction less that portion
needed to serve applicant.
D.
The determination of whether the line extension for
a new customer's water service should be connected to an existing
line extension shall be made by the County at its discretion based
on engineering considerations and the County's plans for the development
of its water system.
E.
Where extenuating circumstances exist and at the sole
option of the County, an extension may be made under a special long-term
contract, provided the contract terms are such that no adverse effects
will be imposed on the County's existing customers.
F.
Special conditions which affect the furnishing of
water service to an applicant, such as elevation, terrain, capacity
and other conditions resulting in increased costs to the County in
providing water service, shall be taken into consideration by the
County, and the cost thereof shall be included in estimating the cost
of providing service.
H.
The County shall not under any condition be required
to make an extension that would be unprofitable and thereby cause
undue hardship to existing customers.
I.
The provisions of this rule apply to connections to
line extensions already in existence and line extensions installed
after the effective date of this chapter.
The purpose of this section is to define the
County policy for accepting ownership and operation and maintenance
of water infrastructure and facilities constructed by a developer
or other person or entity after an approved development or building
process as outlined in Chapter 250, Land Use and Zoning, Chapter 300,
Subdivision of Land,[1] and the building permit process.[2]
A.
All infrastructure to be transferred will be agreed
upon prior to approvals as set forth in this section. Acceptance of
the infrastructure and facilities shall be at the County's sole discretion.
B.
C.
After final inspection and final certification by
the County, the developer will provide as-built drawings, hard-copy
and electronic versions, for the infrastructure to be transferred.
D.
The developer will provide easements and title documents
to the County on forms provided by the County or approved by the County.
A.
It is the County's policy to acquire water rights
in sufficient quantity to properly and legally provide water service
to existing and new development within the unincorporated areas of
the County as served by the County Utility.
B.
Water rights may be acquired by requiring developers
to provide a sufficient quantity and quality of water rights necessary
to supply their subdivisions and developments with water over a forty-year
period. This acquisition of water rights may occur in phases as the
development is approved and built out.
C.
In the case of a subdivision or other land division,
as defined in Chapter 250, Land Use and Zoning, Chapter 300, Subdivision
of Land,[1] or the building permit process, the County Water Utility
will provide water service under the following terms and conditions:
(1)
Prior to the approvals required in Subsection C above, the developer will meet with the County Utilities Department to determine if and under what terms and conditions water service can be provided. The Utilities Director will make a recommendation to the Board for consideration and approval if service should be provided and under what terms and conditions. These terms and conditions will include the County's line extension policy,[2] water rights acquisition policy, infrastructure transfer
policy,[3] rate schedules, standards for construction, and any other
issues determined to be applicable at the time, including related
water service issues.
(2)
If the County determines that it can provide the water
service to the development within a reasonable time frame, and under
terms and conditions acceptable to the developer and the County, the
developer will quantify the proposed development's water requirements
according to Chapter 300, Subdivision of Land, § 300-48,
Water supply guidelines.[4] The quantifications required in § 300-48 will
be used as the basis for determining infrastructure size and configuration,
supply requirements, operating pressure requirements, and water rights
acquisition requirements.
(4)
Upon final approval by the County and prior to commencement
of construction, the developer will provide the following items:
(a)
Evidence that all easements identified have
been provided to the County.
(b)
Electronic versions of all engineering drawings.
(c)
Evidence of water rights acquisition, transfer
and approval by the Office of the State Engineer, for bona fide consumptive
use water rights for the forty-year period described in Chapter 300,
Subdivision of Land,[5] and legal transfer of said water rights to Doña
Ana County. All water rights offered to the County must be acceptable
to the County and completed in accordance with the Office of the State
Engineer requirements.
(5)
At the County's sole discretion, the developer may
provide payment in lieu of water rights at the rate of the current
market value.
(6)
Where extraordinary circumstances exist and at the sole discretion of the County, the developer may provide financial instruments in lieu of the requirements set forth in Subsection C(5) above, including cash, bond, or other form of instrument acceptable to the County, such that no adverse effects will be imposed on the County.
A.
A customer desiring private fire protection service,
in addition to regular water service, shall request the service in
writing to the County prior to construction of the fire protection
service.
B.
If water main facilities are available for such service
as determined by the County, the customer shall install, at the customer's
expense, a complete and separate piping system approved by the County
extending and connecting to the County's facilities. This may include
a meter box of sufficient size to house the necessary valves, meters,
piping, etc., all of which shall be as specified by the County. The
location of this pit will be determined by the County.
A.
The County may restrict the drilling of new domestic water wells within its designated service areas as provided for in NMSA § 3-53-1.1 and in accordance with the mandatory connection requirements set forth in § 324-6 of this chapter.
B.
Similarly, where an existing structure, subject to
mandatory connection requirements, is being served by an existing
well on the property and if the existing well fails, the County may
restrict redrilling of the well for domestic use, consistent with
NMSA § 3-53-1.1.
