Before approving the final plat for a subdivision containing ten or more parcels, any one of which is two acres or less in size, the board of county commissioners shall require that the subdivider provide proof of a service commitment from a water provider and an opinion from the state engineer that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978 or provide a copy of a permit obtained from the state engineer, issued pursuant to Section 72-5-1, 72-5-23, 72-5-24, 72-12-3 or 72-12-7 NMSA 1978 for the subdivision water use. In acting on the permit application, the state engineer shall determine whether the amount of water permitted is sufficient in quantity to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses. The board of county commissioners shall not approve the final plat unless the state engineer has so issued a permit for the subdivision water use or the subdivider has provided proof of a service commitment from a water provider and the state engineer has provided an opinion that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978. The board of county commissioners shall not approve the final plat based on the use of water from any permit issued pursuant to Section 72-12-1.1 NMSA 1978.
History: Laws 1995, ch. 212, § 13; 2013, ch. 224, § 1.
The 2013 amendment, effective June 14, 2013, required subdividers of land to possess a permit for or proof of access to a sufficient amount of water to meet the needs of a proposed subdivision before final plat approval; in the first sentence, deleted the subsection letter for Subsection A and "Until July 1, 1997"; after "subdivision containing" deleted "twenty" and added "ten", after "require that the subdivider", added "provide proof of a service commitment from a water provider and an opinion from the state engineer that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978", and after "72-5-24", deleted "NMSA 1978, or if the subdivision is located within a declared underground water basin, provide a copy of a permit obtained from the state engineer issued pursuant to those sections or to Section"; in the third sentence, after "subdivision water use", added the remainder of the sentence, and added the fourth sentence; and deleted former Subsection B, which authorized the board of county commissioners to require the subdivider of land containing twenty or more parcels to provide a permit from the state engineer for the subdivision water use and which required the state engineer to determine if the water was sufficient for the subdivision's requirements.
Law reviews. — For article, "Water Supply and Urban Growth in New Mexico: Same Old, Same Old or a New Era," see 43 Nat. Res. J. 803 (2003).
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