Chapter 13.20
WATER RIGHTS ACQUISITION
Sections:
13.20.030 Time for conveyance or payment.
13.20.040 Miscellaneous matters.
13.20.050 Water rights fees and water rights conveyance based on meter size – August, 2006.
13.20.010 Definitions.
A. “Allotment” means the amount of Rio Grande Project water entitled to be distributed to water righted land inside Elephant Butte Irrigation District in any given year.
B. “Convey” or “conveyance” means:
1. For lands within EBID boundaries, to transfer to the town of Mesilla by signing an EBID approved suspension and transfer form, or by lease of the annual allotment at the EBID lease rate charged to the EBID water right owner; or
2. For lands outside of EBID boundaries, to transfer title to water rights to the town and comply with all administrative requirements of the Office of the State Engineer for changing point of diversion or purpose or place of use of the water right.
C. “Customer classes” means the classification of town water customers based on the size of the customer’s water meter. For residential water customers, the meter size is presumed to be five-eighths inch. For commercial and industrial water customers, the meter sizes are presumed to be one inch or larger.
D. “Development” means the issuance of a building permit for any structure or improvement requiring a permanent town water meter or the issuance of a town water meter to a developed property that was not previously a town water customer. This section also applies to developed properties that have been town water customers and that request larger town water meters.
E. “Elephant Butte Irrigation District” (“EBID”) means that part of the Rio Grande Project within the state of New Mexico including all of its project water rights, irrigated lands, canals, and diversion works.
F. “Non-water righted land” means land to which no surface or ground water rights are appurtenant.
G. “OSE” means the Office of the State Engineer.
H. “Project water rights” means the vested surface water rights allocated by EBID for agricultural use within the Rio Grande Project boundaries together with any supplemental ground water.
I. “Public works director” means the director of the town’s utilities division or his designee.
J. “Water righted land” means land to which surface or ground water rights are appurtenant.
K. “Water rights” means vested rights to appropriate, divert and beneficially use surface and ground water pursuant to the laws of the state of New Mexico. [Ord. 2006-14 § 1; Ord. 2006-08 § 1]
13.20.020 Conveyance of water rights or project water rights or authorized alternative upon development.
A. Conveyance of water rights or project water rights is a prerequisite for development of land. Each landowner or developer shall convey surface or ground water rights or project water rights to the town at the time of development. This conveyance requirement shall be in addition to any other development requirements that may be imposed by the town.
B. Amount of Project Water Rights Required for Conveyance Inside EBID. Conveyance of the project water rights allotment is a prerequisite for development of land inside the EBID boundaries. Each landowner or developer of land to be developed shall convey to the town at the time of development the entire allotment of project water rights appurtenant to the land.
1. If the conveyance amount exceeds an amount equal to the town’s then-current average annual water use for a specific customer class, the town will purchase the difference based on the valuation for project water rights set forth in MTC 13.20.050.
2. If the conveyance amount is less than an amount equal to the town’s then-current average annual water use for a specific customer class, the landowner or developer will pay the town the difference based on the valuation for project water rights set forth in MTC 13.20.050.
C. Amount of Water Rights Required for Conveyance Outside EBID. Each landowner or developer of land to be developed outside EBID shall convey to the town at the time of development water rights in an amount equal to the town’s then-current average annual water use for a specific customer class.
D. Average Annual Water Use. Average annual water use for specific town customer classes shall be computed annually by the public works director. The rates based on average annual water use shall be reviewed annually by the board of trustees.
E. Lease Conveyance Alternative for Project Water Righted Land. If the public works director so authorizes, each landowner or developer of land to be developed who will not use town water service may convey by lease to the town the entire project water rights allotment appurtenant to the land for each allocation year. The lease term shall be for 40 years with two automatic renewal periods not to exceed 99 years. The value of the leased water allotment shall be determined by market value.
F. Payment In Lieu of Conveyance. Upon application to the public works department and upon approval by the board of trustees, each landowner or developer requesting a permanent town water meter pursuant to MTC 13.20.010 may, in lieu of conveying water rights or project water rights to the town, pay to the town a sum of money which will enable the town to acquire water rights or project water rights. The amount of the payment in lieu of conveyance shall be based on the size of the town water meter or meters to be placed on the land. [Ord. 2006-14 § 2; Ord. 2006-08 § 1]
13.20.030 Time for conveyance or payment.
Conveyance or payment in lieu of conveyance shall be made prior to development. [Ord. 2006-08 § 1]
13.20.040 Miscellaneous matters.
A. The board of trustees shall determine the acceptability and method of conveyance of all water rights or project water rights.
B. The board of trustees shall give preferences to the acceptance of perfected ground water rights in the Mesilla Bolson portion of the Lower Rio Grande Basin with priorities earlier than 1960.
C. All contracts or agreements executed under Ordinance No. 1986-04 shall remain in full force and effect for the developed land subject to the contract or agreement unless the contract or agreement has been fully performed or has been modified by board of trustee action. All contracts and agreements executed under Ordinance No. 1986-04 shall be of no effect for the undeveloped land subject to the contract and agreement. The planning, zoning and historical appropriateness commission may deny subdivision plat approval or building permits to developers or to the principals of corporate developers or to landowners who have failed to comply with prior contracts or agreements executed under Ordinance No. 1986-04 for other lands which have since developed.
D. This chapter shall not apply to any land for which water rights or payment in lieu of conveyance have been previously conveyed or paid to the town.
E. All conveyances of water rights or allotments provided for herein shall comply with the applicable water laws of the state of New Mexico and the rules, regulations and permit or license conditions of the OSE.
F. If the developer or landowner cannot meet the requirements of conveyance, then the landowner or developer shall pay to the town a payment in lieu of conveyance. [Ord. 2006-08 § 1]
13.20.050 Water rights fees and water rights conveyance based on meter size – August, 2006.
A. Water Rights Fees Based on Meter Size – August, 2006.
|
Meter Size |
Water Right Fee1 |
or |
Water Right Fee2 |
|
5/8-inch |
$383.00 |
$766.00 |
|
|
1-inch |
$1,208.00 |
$2,416.00 |
|
|
1.5-inch |
$2,416.00 |
$4,832.00 |
|
|
2-inch |
$3,866.00 |
$7,731.00 |
|
|
3-inch |
$8,456.00 |
$16,912.00 |
|
|
4-inch |
$24,160.00 |
$48,320.00 |
|
|
6-inch |
$48,320.00 |
$96,640.00 |
|
|
8-inch |
$90,600.00 |
$181,200.00 |
B. Water Rights Conveyance Based on Meter Size – August, 2006.
|
Meter Size |
Water Right1 |
or |
Water Right2 |
|---|---|---|---|
|
5/8-inch |
0.239 |
0.479 |
|
|
1-inch |
0.755 |
1.510 |
|
|
1.5-inch |
1.510 |
3.020 |
|
|
2-inch |
2.416 |
4.832 |
|
|
3-inch |
5.285 |
10.570 |
|
|
4-inch |
15.100 |
30.200 |
|
|
6-inch |
30.200 |
60.400 |
|
|
8-inch |
56.625 |
131.250 |
1 Consumptive use at 50 percent return flow (household meters).
2 Consumptive use at zero percent return flow (irrigation/landscape meters).
Notes:
Fees based on ground water right value of $1,600 per acre-foot.
Surface water rights valued at $333.00 per acre-foot to a maximum of $1,000 per acre-foot.
Residential meter size (five-eighths inch) fee based on 13,000 gallons per month average.
Commercial base meter size (one inch) fee based on 41,000 gallons per month average.
Larger meter fees based on meter capacity relative to one-inch meter.
Commercial installation of low water use may use a single five-eighths-inch meter. [Ord. 2006-08 § 1]