§ 440-25. Provision of municipal water services to nonmunicipal users.
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A.Requirements for municipal water services. Any person, firm, corporation or association, hereinafter referred to as "user," who resides or whose business is located outside of the City limits of the City of Las Vegas, New Mexico, and who shall request municipal water services shall hereafter be required to transfer water rights or a water supply payment to the City of Las Vegas in exchange for such services under the conditions contained herein and in the amounts which shall be determined by the governing body of the City of Las Vegas, New Mexico, by resolution duly adopted from time to time.B.Conditions.(1)No new municipal water service connection outside of the City limits shall be approved by the City of Las Vegas, New Mexico, for any user until there has been completed a transfer to the City of Las Vegas water rights or water supply payment as shall be required by the governing body of the City of Las Vegas, New Mexico, when it is determined by the Water Director that water is available, according to the annual water allotment schedule based on annual average consumption for like-established enterprises.(2)The requirements stated herein for transfer of water rights shall be restricted to new municipal water service connections outside of the City limits as opposed to reconnection or renewal of terminated services, unless the type or establishment changes to a higher use in which case the difference between the previous use and higher use must be transferred.(3)The water right amounts required to be transferred under the schedule of terms shall be on a acre/foot consumptive use basis and contingent on approval for transfer to the City of Las Vegas under the rules, regulations and procedures required in compliance with the state water law; all costs in connection with such transfer shall be provided by transferor.(4)There will be no new municipal water service connections outside of the City limits approved by the City until there has been a completed transfer to the City of water rights to meet a minimum requirement or schedule based on annual consumption, and there may be situations wherein the proposed water service connection cannot furnish the required water right and a money amount shall be established in lieu of the required water rights. Therefore, water rights shall be established based on the following annual water allotment schedule:Category of Establishments/EnterpriseAnnual Water Allotment Average Acre/Feet of WaterResidential0.4 each connectionApartment/condominium complex0.2 each unitMotels**0.3 each unitMobile trailer homes0.3 each unitService stations**0.5 each establishmentCar washes**5 each establishmentLaundromats0.3 each machineDrive-in (eating establishments)1.5 each establishmentRestaurants**2.0 each establishmentNOTES:** Average annual usage particularly for these category items may vary by specific establishments depending on size, type and complexity of operation. For example, motels with restaurants, bar and other facilities may use more water on a per unit basis then one without such facilities. Adjustments on an individual basis shall be made for any establishment which may deviate significantly from the average period.(5)Other categories not included, such as hospitals, retail stores, business offices, etc., shall be determined on an individual basis by the City Council.(6)In the event that required water rights cannot be transferred to the City and if the City has sufficient water rights available, the City may allow the proposed water service connection upon payment in cash of $1,500 per acre/foot of water needed on a consumptive basis. Nothing in this chapter shall require the City to sell any of the water rights it may own.(7)All future annexations will be considered upon submittal of a water plan consistent with this chapter and approved only after water rights or water supply payment have been transferred to the City of Las Vegas in the amounts determined necessary to provide municipal water services in the said area to be annexed.(8)Transfer of water rights, where applicable, will be required for any parcel of land on which building permits are issued.(9)The transfer of water rights, wherever applicable, in no way abolishes the requirement of tapping fees, extension fees or other costs or requirements of the City of Las Vegas regarding the provision of water.
Amended 4-16-1987 by Ord. No. 75-49