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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 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. http://www.ose.state.nm.us/water_info_water_rights.html

 

Also try the New Mexico Attorney General's office: http://www.nmag.gov/

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

 

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


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