Shared well obligation/ New Mexico

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Shared well obligation/ New Mexico

I would like to know if my neighbor has the right to “cut off” our water supply if we do not pay 1/3 of the monthly bill. 1/3 of the bill is not in our favor but that is what they are demanding from us. The well is on their property,but we lived in our house 7 months prior to them moving into theirs. There were no specifications in our closing documents regarding legal aspects of the well, just that we had a shared well. We have been paying what we think is fair for the bill,but they want more and we don’t feel it’s fair since there are 7 people living in their house and 2 in ours.

Asked on May 18, 2009 under Real Estate Law, New Mexico


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Ahh, well law.  Well (forgive the pun) this may be something that requires a declaratory judgment by a local court or something your state may actually regulate directly by statute.

Let's see: It appears shared well regulations may be covered by subdivision rules within your county. 

Review the Water Rights section from the Office of the State Engineer.


Also try the New Mexico Attorney General's office:

Since I don't know the county where these properties are, I cannot locate the specific regulation. 


If none of these sources help, try and look for an attorney.

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