A. Abandonment Of Wells And Connection To City Water System: All premises within the City boundaries utilizing private wells for domestic, commercial, industrial, and sanitary purposes (except for nonpotable usage not entering the City sewer system) shall abandon such private water system and connect to the City water system (except for those premises which are annexed which shall be governed under subsections B and C as set forth below) under one of the following conditions, whichever first occurs:
1. Such systems on property having a boundary abutting on or within one hundred fifty feet (150') of public right of way containing a City water line must be abandoned and the service line be connected to the City water line. No private water system can be utilized to provide water for domestic, commercial, industrial, sanitary or other purposes where the City system is so available; or
2. Such systems on property having a boundary further than one hundred fifty feet (150') from a public right of way containing a City water line may continue to be used until such time as the City Council determines that the use thereof is detrimental to the health, safety, and public welfare of occupiers of the area under the jurisdiction of the City, or that the use thereof violates regulations administrated by the New Mexico Environmental Improvement Division (EID). After such determination is made, the owner, agent or occupant of the property served by the private water system shall have a reasonable time, not to exceed six (6) months, within which to connect with the City system. The owner, agent or occupant shall pay a proportionate share of the cost of the City system extensions which may be required.
B. Annexed Land: Owners of land outside the City desiring to annex their land voluntarily into the City or owners of land outside the City which land is involuntarily annexed into the City may contract with the City to retain their private water supply at their own expense if the City Council authorizes such or if the Municipal Boundary Commission or Board of Arbitration so rules. In that event, functioning private water systems which exist on annexed premises shall be permitted to continue in use so long as such system is approved by, and continues to be approved by, the EID or any successor-in=interest to the EID and the owner of such system shall not be required to connect with the City water system unless the City Council determines that the use thereof is detrimental to the health, safety, and public welfare of occupiers of the area under the jurisdiction of the City, or that the use thereof violates regulations administrated by the New Mexico Environmental Improvement Division (EID). After such determination is made, the owner, agent or occupant of the property served by the private water system shall have a reasonable time, not to exceed six (6) months, within which to connect with the City system. The owner, agent or occupant shall pay a proportionate share of the cost of the City system extensions which may be required.
C. City Line Extensions: Whenever an extension of the City water line is required to serve a subdivider as defined in the City Subdivision Ordinance or an applicant, or group of applicants, extension will be made under the following terms and conditions by and at the expense of the applicant. (Ord. 1985-01, 3-5-1985)
1. Sizing; Costs: All line extensions shall be sized to provide adequate domestic and fire protection service, to meet requirements for fire protection. In the event that the City's Water Master Plan requires a larger line size than is required to serve the applicant's needs, the applicant will not be required to absorb the difference in investment between the applicant's required line size and the line size required by the plan; but in no event shall the extension costs to applicant be based on lines smaller than those needed for applicant's domestic and fire service requirements. Normal minimum distribution line size for adequate fire protection is eight inch (8") diameter. The cost of distribution facilities to be charged to the applicant shall be those for eight inch (8") diameter facilities or that size which is required to serve domestic and fire needs whichever is greater. The City shall be the sole judge of proper line sizing in any new construction and shall be the sole judge of the line size cost to the applicant. (Ord. 1987-15, 8-4-1987)
2. Payment In Advance: The investment in the line extension required to serve the applicant's domestic and fire protection requirements as specified by subsection C1 of this Section will be paid in total in advance by the applicant requesting the line extension.
3. Rights Of Way And Easements: All lines will be constructed in existing public roads, streets, City-owned land, alleys, or easements. The applicant shall furnish such rights of way as are in the form of a duly executed easement without charge to the City over property owned by said applicant and shall assist the City in securing other rights of way necessary to provide service over property not owned by said applicant.
4. Special Conditions; Additional Cost: Special conditions which affect the furnishing of water service to an applicant or group of applicants such as elevation, terrain, volume of water available in existing main, and other conditions resulting in increased costs to the City in providing water service shall be taken into consideration by the City and the cost thereof shall be added to the tapping fee. (Ord. 1985-01, 3-5-1985)