Definition & Meaning
The Declaration of a Legal Existing Well as defined by Bernalillo County Ordinance 2005-19 is a formal process and document used to identify and acknowledge wells constructed before December 1987. This process is consistent with specific ordinances enforced by Bernalillo County to ensure that aquifer resources are accounted for and managed following the established regulations. The ordinance aims to regulate and preserve water resources by confirming the legal status of existing wells, ensuring that they comply with local water usage policies. This process involves filing documentation that verifies the construction date of the well, its location, and ownership.
Key Elements of the Declaration Form
Several critical components are included in the declaration form that parties must complete to comply with Bernalillo County Ordinance 2005-19:
- Owner Information: The form requires detailed information about the well owner, including contact details and ownership proof.
- Well Location: Precise location details are necessary, such as GPS coordinates or legal descriptions of the well's site.
- Construction Date: Evidence showing that the well was constructed before December 1987 must be included, typically through well records or construction documents.
- Permit and Documentation: Any relevant permits and construction records are submitted alongside the form to validate the well's compliance with past and current regulations.
Steps to Complete the Declaration Form
- Gather Required Information: Collect all necessary documents, including proof of ownership, well construction records, and permits.
- Complete the Form: Fill in each section of the form accurately with information about the well's location, ownership, and construction date.
- Submit Supporting Documentation: Attach all supporting documents to the completed form, ensuring they are clear and legible.
- Review and Submit: Double-check all entries and documents before submitting the form via the county's preferred method.
How to Obtain the Declaration Form
To acquire the declaration form for a legal existing well, you can contact the Bernalillo County Water Utility Authority directly or visit their official website. Forms are often accessible online, allowing for easy download and completion. In cases where online access isn't viable, forms can typically be requested in person at the relevant county office.
Who Typically Uses This Declaration Form
This form is primarily used by property owners within Bernalillo County who possess wells constructed before December 1987. These individuals are typically responsible for ensuring compliance with local regulations governing water use. Additionally, real estate professionals and legal representatives may use the form when handling transactions or legal matters involving properties with such wells.
Legal Use of the Declaration Form
The legal use of the declaration form extends beyond simple registration. It is a critical component in demonstrating compliance with county water ordinances, which can affect property transactions and utility services. Accurate completion and submission ensure legal acknowledgment of the well, which helps in avoiding potential penalties related to improper water use or non-compliance.
Required Documents
- Well Construction Records: Documentation proving the well's construction date.
- Ownership Proof: Documents verifying the current owner's ties to the well.
- Permits: Any associated permits from the well's construction.
Penalties for Non-Compliance
Failure to submit the declaration or providing incorrect information can lead to penalties. These might include fines, restrictions on water use, or additional legal action by the county. Ensuring accurate and timely submission avoids these complications.
State-Specific Rules and Differences
While this form pertains specifically to Bernalillo County, analogous procedures may exist in other counties or states. Individuals should verify local ordinances that may differ in terms of requirements, documentation, and submission processes. In New Mexico and surrounding areas, regional differences can be significant, necessitating careful attention to local regulations.
Important Terms Related to the Declaration
- Aquifer: Underground layer of water-bearing rock, crucial in assessing the impact of wells on local water resources.
- Ordinance: A local law enforced by a county or city government, such as the 2005-19 ordinance.
- Compliant Well: A well that meets all regulatory and documentation criteria under the law.
Form Submission Methods
The declaration form can usually be submitted via various methods:
- Online: Some counties offer online portals for submission.
- Mail: Physical copies may be mailed to the appropriate county office.
- In-Person: Direct submission at a county office is often available for residents who prefer personal interaction.
