(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CERTIFIED UTILITY. A utility which operates under the conditions of a certificate of convenience and necessity issued by the New Mexico Public Utilities Commission.
COMMUNITY WATER SYSTEM. Any existing or proposed water supply which relies upon surface and/or groundwater diversions other than
wells permitted by the State Engineer under NMSA § 72-12-1, and which consists of common storage and/or distribution facilities operated for the delivery of water to multiple service connections.
MAXIMUM ANNUAL WATER REQUIREMENT. The total annual diversion required from the source to meet the water use requirements of the subdivision, including conveyance losses.
NON-CERTIFIED UTILITY. A utility from mandatory registration with the New Mexico Public Utilities Commission, including special districts, cooperatives, municipal owned and homeowner association owned utilities.
OUTDOOR WATER FEATURES. Refers to any outdoor recreational and architectural uses of water, such as fountains, water gardens and fish ponds.
(B) Water conservation measures. The following water conservation measures shall apply to all subdivisions.
(1) Water-saving fixtures shall be installed in all new residential and non-residential buildings. Water-saving fixtures shall include, but not be limited to, low-flush toilets, low-flow showerheads, low-flow faucets and insulation of hot water pipes.
(2) Low water uses landscaping techniques applying the principles of xeriscaping shall be encouraged in subdivisions outside the valley or not having access to ditch irrigation or irrigation wells.
(3) Water distribution mains shall be pressure rested in accordance with New Mexico Standard Specification for Public Works Construction, § 801.16.
(4) All applicable restrictions on indoor and/or outdoor use prescribed under permits issued by the state engineer, or pursuant to an order issued by a court of a competent jurisdiction, shall be strictly adhered to.
(C) Quantification of annual water requirements. The following procedures shall be used to quantify the maximum allowable subdivision water use per year, for all subdivisions.
(1) As part of the subdivision application, the subdivider shall prepare a detailed water demand analysis using step-by-step computation procedure presented in the relevant State Engineer Technical Report, currently Technical Report 48. The county may approve a report by a licensed professional engineer using alternative computational procedures and methods as certified acceptable by the applicant's engineer.
(2) A detailed water demand analysis shall be prepared for all non-residential subdivisions and all water uses related to residential uses within a mixed development subdivision. Annual water requirements shall be estimated using the relevant state engineer technical report.
(D) Final plat approval requirements.
(1) For subdivisions for which it is not feasible to provide water to the subdivision by individual or shared domestic wells approved by the state engineer pursuant to NMSA § 72-12-1, a valid water right permit issued by the state engineer pursuant to NMSA §§ 72-5-1, 72-5-23, 72-5-24, 72-12-3, or 72-12-7, sufficient in quantity to meet the maximum annual water requirement of the proposed subdivision and authorized for this purpose, shall be provided by the subdivider as a condition of approval of the final subdivision plat.
(2) If the subdivider intends to provide or allow lot purchasers to provide water by individual or shared wells approved by the state engineer pursuant to NMSA § 72-12-1, the subdivision shall provide information as the county may reasonably require to demonstrate that the water requirements of the subdivision will be met by the domestic wells.
(E) Community water system requirements.
(1) A community water system is any existing or proposed water supply system, which relies upon surface and/or groundwater diversions other than wells permitted by the state engineer under NMSA § 72-12-1, and which consists of a common storage and/or distribution facilities operated for the delivery of water to multiple service connections.
(2) If water will be supplied from a community water system, the subdivider shall submit a plat of the proposed subdivision and preliminary plans for the water production, storage and distribution facilities prepared by or under the supervision of a registered professional engineer. The site plans shall show the topography, parcel boundaries, streets, wells and water storage and distribution system, including hydrants. The size or capacity of the water system components should also be included on the site plans. Preliminary well plans shall include casing diameter, total depth, screened interval, and proposed pump setting and the diameter of the distribution mains.
(3) Shared well system, permitted under NMSA § 72-12-1 may be allowed under the condition that the maximum number of parcels served by 1 well shall not exceed 5.
(4) Covenants and land use restrictions shall be adopted strictly prohibiting the drilling or use of individual and/or shared domestic wells for any subdivision, which requires or utilizes a community water system.
(5) If a community water system is proposed or required, the developer should consult the New Mexico Public Utilities Commission regarding the applicability of the Public Utility Act to that community water system.
(6) If a community water system is proposed or required, the developer should consult with the New Mexico Public Utilities Commission regarding the applicability of the Public Utility Act to the community water system.
(F) Water availability assessment for all Type 1, Type 2 and Type 4 subdivisions and all Type 3 and Type 5 subdivisions containing 6 or more parcels.
(1) If the subdivision is being served by an existing public utility, the subdivider shall provide a water availability statement from the approved utility.
(2) A water availability assessment shall be submitted by the subdivider:
(a) As a condition of preliminary subdivision plat approval for all Type 1, Type 2 and Type 4 subdivisions and Type 3 subdivisions containing 6 or more parcels; and
(b) As a condition of final subdivision plat approval for Type 5 subdivisions containing 6 or more parcels.
(3) The requirements of the water availability assessment are dependent on the source of water supply so that:
(a) For subdivisions where the surface water will be a new groundwater diversion and community system permitted pursuant to NMSA §§ 72-12-3 and 72-12-7, the subdivider shall demonstrate a 50 year supply, and shall submit a geohydrologic report in;
(b) For subdivision where the source of supply will be a new surface water diversion and community system permitted pursuant to NMSA §§ 72-5-1, 72-5-23, and 72-5-24, the subdivider shall submit a hydrologic report;
(c) For subdivisions where the source of supply will be an existing community or municipal water supply system permitted pursuant to NMSA §§ 72-5-1, 72-5-23, 72-5-24, 72-12-1, or 72-12-3, the subdivider shall submit a water utility plan in accordance with § 151.160(F)(7); and
(d) For subdivisions where the source of water will be individual domestic wells, or shared wells permitted pursuant to NMSA § 72-12-1, the subdivider shall demonstrate a 50 year supply and submit a geohydrologic report.
(4) For new community wells and water systems, the subdivider shall submit a water supply plan and geohydrologic report, which meets the following requirements.
(a) Geohydrologic reports shall demonstrate that groundwater is sufficient to meet the maximum annual water requirement of the subdivision is physically available and be practically recovered to sustain the development for a continuous period of 50 years. This analysis shall take into account the production of existing wells and shall demonstrate that the subdivision wells, as proposed or as designed, will be capable of producing the full annual demand for at least 50 years.
(b) The subdivider shall drill sufficient exploratory wells within the boundaries of the proposed subdivision to adequately characterize the aquifer, unless the subdivider can demonstrate that existing wells in the area are representative of general aquifer conditions within the subdivision. Where existing are not adequate to demonstrate the availability of water should be obtained from aquifer tests, performed on-site, which are adequate for predicting long-term water availability or from retests conducted on nearby wells. Alternate tests can be conducted on nearby off-site wells if the subdivider can demonstrate that these wells are representative of general aquifer conditions within the subdivision.
(c) The assessment shall include a calculated schedule of effects on the proposed subdivision's production well(s), which may result from existing demands and from the increase of groundwater withdrawals for the subdivision. Analyses shall be performed to assess whether future water level declines will be within the limits of allowable draw down in the subdivision production wells. Predicted draw downs shall be calculated in a conservative manner (which estimates maximum draw down). These calculations shall include estimates of future water uses.
(d) The subdivider shall calculate the lowest practical pumping water level in the proposed subdivision pumping wells by any of the following methods as appropriate, provided there shall be no presumption made as to additional available water below the bottom of the proposed production well and further provided that the total available draw down shall be reduced by a factor of 20% as a margin of well efficiency over time and peak production requirements. By using the results of acceptable on-site aquifer pump tests, the lowest allowable pumping level may be lowest water level reached during the test.
(5) By setting the level at the top of the uppermost screened interval in wells completed in fractured aquifers, the lowest practical pumping water level may be above the top of the facture zone. In wells completed in alluvial aquifers, the lowest practical pumping water level may be defined by a maximum allowable draw down equal to 70% of the initial water column. The geological report should present all hydrological information pertinent to the study area including that available from post geohydrologic studies. All sources of information used in the report should be identified including basic data collected by the consultant who prepared the report. The report shall contain maps and cross-sections showing geology, depth to the water bearing formation, water level contours and estimated thickness of saturation in the aquifer. Basic data for the immediate area of the subdivision must be current, with the date of collection noted and the location identified on a map. The report on the investigation should be in the form of a technical narrative; spreadsheets, tables, graphs, maps and cross-sections shall be included.
(6) For new surface water diversions and community water systems using surface water the subdivider shall submit a hydrologic report, which meets the following requirements:
(a) The hydrologic report shall demonstrate that surface water is sufficient to meet the maximum annual water requirement of the subdivision is physically available.
(b) These analyses shall include the following.
1. Narrative and analytical demonstration that the surface water will be physically available or the proposed use given short-term and long-term fluctuations (based-flow analysis) due to climatic cycles or other factors such as induced recharge due to groundwater diversions, analyses of relevant historical runoff records, and projected water supply available for the subdivision requirements. Applicable legal or water right constraints on water availability shall be considered.
2. If the analysis of the historical runoff record indicates possible shortages in the projected water supply available for the subdivision requirements the subdivider shall provide for either storage or a supplemental groundwater supply sufficient to meet the storage.
3. If supplemental groundwater supply is proposed the subdivider shall prepare a geohydrologic assessment.
(7) For community water systems in which an existing company is proposed as the source of water supply, the subdivider shall submit a water supply plan, which meets the following requirements:
(a) For all existing water utilities:
2. Letter of intent from the utility that they are ready willing and able to provide the maximum annual water requirements for the subdivision for at least 50 years; and
3. The letter must also state any requirements for the subdivider to provide water rights.
(b) For all new water utilities other than municipal owned water utilities and at the discretion of the county, existing utilities: documentation showing the quantity of water presently produced annually, quantity of water supply commitments to date and proof of sufficient water rights to meet both existing commitments and the requirements of the proposed subdivision.
(c) 1. For New Mexico Public Utilities Commission (PUC) certified utilities a copy of the most recent annual report submitted to the PUC; plans for the existing water system to which the proposed system will tie.
2. The plans shall show diversion point locations, and water storage and distribution systems.
3. The size and capacity of the water system components should also be indicated on the plans, and any other information, including any or all of the requirements of § 151.159(E) required by the Board of County Commissioners to make a determination that the utility has the capability to meet the water requirements of the proposed subdivision.
(d) For subdivisions where the source of water will be individual domestic wells, or shared wells, permitted under NMSA § 72-12-1, the subdivider shall submit a water supply plan and geohydrologic report which meets the following requirements.
1. The geohydrologic report shall also include a calculated schedule of off-site effects (draw downs) and an evaluation of stream depletion effects (if applicable), which may result from the increase of groundwater withdrawals fro the subdivision.
2. These calculations shall include estimates of future water uses.
3. The report shall identify by ownership and location all existing wells which will either go dry, experience dewatering of 50% of their water column or more, or experience an average annual rate of water decline of 1 foot or more as a consequence of the proposed subdivision's groundwater conversions.
4. The report shall identify by name and location of all springs, streams, acequias (ditches), canals and drains, the flows of which will be diminished by the proposed surface or groundwater diversions. All natural or manmade ponds, lakes, reservoirs or wetlands that will be impacted shall also be identified.
(G) Water availability assessment for Type 3 and Type 4 subdivisions containing less than 6 parcels.
(1) If the source of water supply will be an existing community water system or municipal water system, the subdivider shall submit a water availability assessment containing the following information:
(a) Name of utility proposed as the source of supply; and
(b) Letter of intent from the utility that they are ready, willing and able to provide the maximum annual water requirements for the subdivision.
(2) If the subdivider proposes that the source of water shall be individual domestic wells or shared wells to be approved by the state engineer pursuant to NMSA § 72-12-1, the subdivider shall submit a water availability assessment containing the following information.
(a) At least 1 well log from an on-site well or from an existing nearby well completed in geologic conditions representative of the conditions within the proposed subdivision.
(b) A description of the water bearing formation including a statement of the maximum and minimum depths to water in the subdivision and the basis for these statements.
(c) A statement of the estimated yield of wells in gallons per minute based upon well logs from existing nearby wells.
(d) Any additional information which is required by the Board of County Commissioners that will enable them to determine whether or not the subdivider can fulfill the proposals contained in his or her disclosure statement.
(3) If the subdivider proposed to provide new wells or surface diversion for a community water system, the requirements of, whichever is applicable, shall apply.
(H) Liquid waste disposal documentation.
(1) Subdivider shall document conformance with the liquid waste disposal requirements of this chapter and the New Mexico Subdivision Act, a liquid waste disposal documentation package shall accompany the preliminary plat submittal.
(2) The liquid waste disposal documentation package shall:
(a) State the subdivider's name and mailing address;
(b) State the date the package was completed;
(c) State the subdivider's proposal for meeting the liquid waste disposal requirements of these regulations; and
(d) Be accompanied by a copy of the subdivider's disclosure statement on liquid waste disposal.
(Ord. passed 5-1-2000) Penalty, see § 151.999