A Water Service Availability Report is required to analyze the availability of adequate potable water for a proposed project. WSARs may include the use of groundwater supplies for water availability and additional review factors such as more detailed analysis of the basin or basins involved, the outcome of any adjudication of the resource, any State Engineer, USGS or other agency reports or analysis on record on the source and an analysis of the sufficiency of the groundwater source to meet the projected water demand from the proposed project.
Applications required to submit a WSAR shall be analyzed with respect to the availability of adequate potable water.
The WSAR shall contain a detailed analysis of the following matters: existing system capacity of the public water or wastewater supply proposed for use; capacity of a well field (as applicable), stream, spring, or other source of raw water supply (as applicable); historical average use of potable water; and historical peak use of potable water; the number of hook-ups and the estimated potable water demand per hook-up; and the number of hook-ups for which contractual commitments have been made or previous development orders have been approved. Applications requiring use of the County system or a public water or wastewater system, as described on
Table 7-17.1,
Table 7-17.2, Table 7-18.1 and
Table 17-18.2 and the accompanying text, need only supply the letter from the relevant supplier agreeing to provide services.
The development order shall provide findings based on substantial evidence that the project is within its designated service area and that it has the capacity to serve the project as proposed. If the ability of a public or private utility or service provider to serve a proposed development is contingent upon planned facility expansion in accordance with a CIP, details regarding such planned improvements shall be submitted.
The WSAR shall include:
If the proposed development will rely on groundwater, the WSAR shall also include but not be limited to, the following:
1. all applicable requirements of
§ 7.13: WATER SUPPLY, WASTEWATER AND WATER CONSERVATION;
2. a copy of the latest Sanitary Survey from the New Mexico Environment Department conducted pursuant to 20.7.10 NMAC (2013) (“Wastewater and Water Supply Facilities”) or, if a new system is proposed, a Preliminary Engineering Report consistent with the “Recommended Standards for Water Facilities,” 2006, as amended;
3. in the case of a proposed final plat approval, a copy of the water permit issued by the State Engineer;
4. an assessment of whether the water supplies available during normal, single-dry and multiple-dry water years over the 99 year projection will be sufficient to meet the projected water demand of the proposed project, taking into account existing and projected future planned use from the identified water supplies;
5. an assessment of the ability of the proposed system to meet annual and peak demands; and
6. identification of, and request to, any public or private water utility, system or company that has the capacity to supply water for the project for an assessment from each. The governing body of the water supplier shall approve the assessment at a regular or special meeting. The water supplier shall provide the assessment not later than thirty (30) days after receiving the request from the applicant or the Administrator.
The WSAR shall identify relevant, existing water supply entitlements, water rights, or water service contracts, and describe the quantities of water received in prior years. The identification shall be demonstrated by the applicant providing information related to all of the following:
1. written contracts or other proof of entitlement to an identified water supply, including proof of a service commitment from a water provider and an opinion from OSE or an OSE permit to appropriate groundwater or surface water under any one of several statutes except NMSA 1978, §§ 72-12-1 and 72-12-1.1 if irrigation water rights that are appurtenant to the land at issue have been severed;
2. copies of a capital outlay program for financing the delivery of a water supply that has been adopted by the public water system;
3. federal, state, and local permits for construction of necessary infrastructure associated with delivering the water supply;
4. any necessary regulatory approvals that are required in order to be able to convey or deliver the water supply; and
5. lists of all supply wells, production rates, and storage capacity of all water sources.
If no water has been received in prior years under an existing entitlement, right, or contract, the assessment shall identify other public water systems, water companies, or water service contract holders that receive a water supply or have existing entitlements, rights, or contracts, to the same source of water.
Supplies to Remedy Insufficiency.
If the public water system’s total projected water supplies available during a 99-year projection are insufficient, then the applicant shall identify plans to acquire additional supplies that may include, but are not limited to:
1. The estimated total costs, and the proposed method of financing the costs, associated with acquiring the additional water supplies for the development project;
2. All federal, state, and local permits, approvals, or entitlements that are anticipated to be required in order to acquire and develop the additional water supplies; and
3. The estimated timeframes within which the public water system or water company expects to be able to acquire additional water supplies.
County’s Ability to Override Public Water Agency’s Determination.
An evaluation of water quality, quantity and potential pollution of surface or underground water assessments shall be included in the EIR and in the WSAR. The County shall determine, based on the entire record, whether projected water supplies will be sufficient to satisfy the demands of the project, in addition to existing and planned future uses. If the County determines that water supplies will not be sufficient, the County shall include that determination in its findings for the WSAR.
See
§ 6.558 Exceptions.
Water Quality.
The applicant shall provide:
1. a water quality analysis of all aquifers to be used by the project;
2. an analysis of all contaminant pathways leading from the project site to the aquifers, including saturated sandy units within the aquifers and unsaturated or vadose zone map;
3. an unsaturated or vadose zone map; and
4. an analysis of baseline water quality relating to existing water wells.
