A. A municipality may, by ordinance, restrict the drilling of new domestic water wells, except for property zoned agricultural, if the property line of the applicant is within three hundred feet of the municipal water distribution lines and the property is located within the exterior boundaries of the municipality.
B. No municipality may deny authorization for a new domestic water well permit to an applicant if the total cost to the applicant of extending the municipal water distribution line, meter and hook-up to the applicant's residence exceeds the cost of drilling a new domestic water well.
C. A municipality that fails to authorize the drilling of a new domestic water well shall provide domestic water service within ninety days to the property owner under the municipal water provider's usual and customary charges and rate schedules.
D. A municipality shall file with the state engineer its municipal ordinance restricting the drilling of new domestic water wells.
E. An applicant for a domestic water well located within the exterior boundaries of a municipality with a new domestic water well drilling ordinance shall obtain a permit to drill the well from the municipality subsequent to the state engineer's approval.
F. A municipality with a domestic water well drilling ordinance shall act upon a new domestic water well permit application within thirty days of receipt of the request.
G. A municipality shall notify the state engineer of all municipal permit denials for domestic well authorization.
H. An applicant may appeal the decision of the municipality to the district court in the county of the municipality.
I. Nothing in this section shall limit the authority of the state engineer to administer water rights as provided by law.
J. The state engineer shall not be liable for actions taken in accordance with a municipal ordinance authorizing restriction of domestic well drilling within the exterior boundaries of a qualified municipality.
History: Laws 2001, ch. 207, § 1.
ANNOTATIONSCross references. — For state engineer, see 72-2-1 NMSA 1978 et seq.
Effective dates. — Laws 2001, ch. 207 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
Strict compliance required. — Municipalities must strictly comply with the requirement that they file ordinances restricting the drilling of domestic water wells with the office of the state engineer. Providing notice of the ordinance and its content and substance to the office of the state engineer is insufficient to satisfy 3-53-1.1 NMSA 1978. Stennis v. City of Santa Fe, 2010-NMCA-108, 149 N.M. 92, 244 P.3d 787.
A municipal ordinance regulating domestic wells is not effective until it is filed with the state engineer and does not have to track the language of this section. Stennis v. City of Santa Fe, 2008-NMSC-008, 143 N.M. 320, 176 P.3d 309.