Yeah, community water well is a deal breaker. Can't drill your own well, deal breaker. When it comes to a necessity like water, never be dependent on the generosity of others, they will let you down every time.
New Mexico's government is an absolute disgrace. They're underfunded, and the funds they do have ARE WASTED on REALLY bad things... Like a visiting center in th e middle of nowhere that nobody visits. (It closed down)
you have (conflicting) documents that provide you rights to drill a well -- pursue that and sue the county and developer for enforcing only the methods that are preventing residents ANY rights to water -- either thru the Munez well or thru drilling. If that doesn't work, the home should be declared inhabitable and you should fight to have your mortgage cancelled. Perhaps when the bank risks the mortgages being paid, they will even jump in to help fund the lawsuit against the county. Just get a good lawyer and file a civil suit and a suit for damages - because it's costing you every time you have to drive 50miles to get water and pursue punitive damages for how it's risking your health and well-being to live like you are.
Simple solution.... the developer pays for the drilling of individual wells. With all the conflicting paperwork im sure there are plenry of sympathetic judges who will give at least a partial wlaward to the property owners for reinbursement/contracting of the well.
Depends on who owns the water rights. The developer didn't have the water rights. So who does. I think the county or the state does or even the feds. No judge will touch that. I have homestead water rights. They are primary water rights. We've been sued by the state to take them. Federal judge won't touch that because it would nullify every existing Fed homestead contact of which their are hundreds of thousands.
Yeah, no drilling, but I'll let you use mine, as long as I like you, that is! But who buys a house with no running water, anyway? I wouldn't even think about it!
"Neighbors are now trying to figure out what their next move will be..." Um, sue the developer? It's their fault the residents don't have water access, ignores all attempts to communicate with them, and tho contractually obligated to do so isn't providing water.
Yep, sue them. However there will be very little chance of winning even if the law is on their side. Half of those will be dead before there is any result, if you have enough money you can drag it through the courts for years
state of NM needs to prevet this company from doing business here in NM ever again. Sure wish someone knew where developer lived then could shut off his water see how he likes.
Make developer pay for high end filtering system (contract covers that on having water rights) and developer drill new community wells or hold all payments in court like a renters can (thru court) , bank will side with you to get it done so they can get their money. Please post how this comes out!
Who would object if they drill their own well? Who would file legal objections? If the developer. then how could he defend when he reneged on his promise to make water available. The county could unilaterally decide not to abide by the agreement with the developer and permit the drilling of additional wells.
Quick and simple temporary fix hire someone to haul in a semi tanker of water a couple of times a week and fill everyone's tank. its cheaper then hauling it your self. Truck pulls up every one waits with their tank and the company can come out 1 to 3 times a week or how ever works best but then everyone does not have to drive the 100 miles round trip
My wife and I were looking at moving to AZ/NM/TX areas until I started noticing that the majority of the properties required water the be delivered or you had to buy a water tank on a trailer and go get it filled up. We ended up in ID and couldn’t be happier.
The folks with the rain catchment and swimming pool, that pool just needs a clear dome on it, with a catchment ring on the inside to gather distilled water. Then store that water in a cool dark place. Lots of options, just takes years of research.
@@diannevaldez8670 LOL, I mean it's taken myself years of research. Making a integrated sustainably expanding system with less than 10k a year, has taken forever, fortunately as I learn little things, some of the big things need to be changed, or relocated. I have really only committed to a few things, so my overall plan has changed as I learn about the environment and it's potential and problems. Really though, if you can maintain a healthy supply of fresh water, your all ready ahead of the game compared to anyone relying on utilities services.
@@forcesightknight I don't know what you will think of this but I follow off grid with doug and stacy. They lived without running water in their house, on their land for years until stacy said she was going to go on strike if doug didn't remedy the situation. His procrastination was due to not knowing where to start. Well, he had friends with different systems and have Amish neighbors. He took what he thought was best for them and got to work. Their system is completely rain water fed. It works fabulously. They didn't spend a lot of money back then on anything. There are a lot of other people who have turned deserts into oasis with just a modest amount of rain water. I live in the desert and have been collecting the materials I need and probably have everything I need but I have back issues that have been holding me back. If you want the names of others that have done this let me know. But for now I hope you visit doug and stacy's RU-vid.
We have a saying in Montana. Whiskey is for drinkin, water is for fighting over. We have 3 Wells and a creek under federal homestead water rights. This doesn't stop out of state and in state people sueing us to get water rights. Costs us thousands of dollars every year in attorney fees. People try to sue so they can sell them to someone else. People are evil.
The last contract filed with the county - which states the property owners must provide their own water (i.e. drill their own wells) - should take precedent. After drilling, they should all collectively sue the developer for breach of contract.
I would drill a water well and sue the developer for the cost of it. And I don’t care what the county says if you can or cannot drill a well on your property.
Simple. Tear up the document stating they can't drill thier own wells and give them a property tax credit in the amount it costs to drill a well. Additionally, hold the developer accountable for a reasonable monetary amount for guaranteeing contracts they couldn't guarantee. The slap on the wrist and fines will keep them from doing it again. The exact amounts to each participant in the case can be worked out by the courts. If New Mexico's state and local governments weren't such a shit show, this could all be fixed in about a week.
Just drill your own well. Force them to take you to court, I they don’t your problem is solved. If they do then file a counter suite fo contract violations for not providing the water. The court will either allow you to drill for the water or enforce the contract that they provide the water.
An army of armed property owners will solve that problem overnight. The well owner will have a bigger concern than theft and property damage. Faster resolution than years of court litigation. You can bet that if the gov't was denied access, the problem would go away overnight.
There must be a bunch of information missing from this. From what is presented here, it seems that the Developer owned the land the well is on, then sold that land to Muniz , while retaining the right (transferable) to access the well on the property that Muniz now owns. If the developer owned the right to access the well, and transferred that right of access to the homeowners in the subdivision, then it seems like the homeowners have a legal right to access the well. There must be more to the story.
They purchased land with no water rights doesn't matter if the developer was shady you can't drill for water legally without water rights when you buy property in New Mexico.
@@sandysamuelman9205 The county documents indicated they have water rights, but the developer's deeds indicated none. I'd say the county documents trump all.
@@unclesmrgol probably because the developer either leased or sold the water rights to someone other than the people who bought the land. The man who locked the gate had water rights others had access to his well.
My husband and I get phone calls regularly for our pre 1902 water rights for our house we have owned for almost 40 years usually someone like Intel is trying to buy more water in our area. Sad to think you can own the land but maybe not the water. Makes no sense if you don't have an alternative water source.
This is why you never buy property with any covenant restrictions such as a homeowners association property. Number 2, Always have all of your paperwork and closing documents gone over by an attorney.
its an easy fix, after they refuse one time you get it in writing then then get tougher with your neighbors to dig your own well then sew the developer and the land owner for the cost of the new well. Its far better to take actions into your own hands as a "no drilling" contract gets thrown out the moment they stopped holding up there own end of the contract.
Why dont you contact Mike Reynolds in Taos on water collection and filtration systems. You can catch 400 gallons a year with this process. And you can make distilled water with his water and solar oven sysrem. Happy off grid living to you all.
If it says "no drilling" then its time to start digging. It's not against the law to dig a hole. I got no water rights, and the people up stream divert all the water in the summer. It's ok, the water table wasn't that deep, near the creek.
@@LM-wz9yw that is a deep hole for sure. I would still be digging. When I sighted my land though, I used my desert survival training to spot the place to dig, North slope, bottom of a sand dune with trees already present. It doesn't hurt that the creek is forced to work it's way around a finger of sandstone as it finds its way downstream, in a way creating it's own water table in my valley.
They can drink the rain water if they run it through Berkey Filters! OR they can build their own filtration system. It wouldn't be that big a deal to me to survive up there with all that water in the swimming pool. Only $120 investment in 2 filters that would clean and purify about 6,000 gals of water. Definitely more affordable than trying to drill a well. You could tap pipes into the earth, but at 70 years old, that would be near impossible. I offer these filters on my website. It's not our main focus, but we are all about water and "Water Is Life... Every Drop Counts!" www.TheDropOfWater.com
I smell a class action lawsuit coming. Or if there isn't an HOA, form one and try to use it to pressure the neighbor to let them have access to the well.
Joe Hess unless the HOA power is limited to comunity property (pool park roads etc), or every "home" is timeshare condo etc where multiple people own most units or buildings and almost no individual lives there year round... There is no reason for an HOA.
@C Not true. Jesus IS God's Son and worshipping Jesus/GOd is the ONLY true faith. But yes, all other religions are secretly worshipping Lucifer. If you knew the bible book, Daniel, you'd know that eventually EVEN Babylonian King Nebuchadnezzar accepted the One True God, rejecting his pagan gods and is now in Heaven.
They should seek advice as to the validity of the restriction on building personal wells now the company isn't honouring the provision of water. It may well be possible to have the restriction legally lifted, or the current well owners forced to pay to pipe water to a location outside of his property.
Shared wells are fairly common. The land owner who locked the gate has that right. This is all about the developer and the county. Bad deal for those people
Sounds like the land owner was ok with it at first. They were getting water from the well for 2 years. Then someone started stealing his stuff so he locked the gate.
They are not that uncommon, my girlfriend owns a house in a subdivision with a community well. When the subdivision was developed (1980's) it was just a little beyond the extent of city Sewer and water, so it was built with a community well and a community septic system. The Septic system failed before she bought her house, and the property owners had to pay to have city sewer extended to the subdivision. The community well continued in service for a while, but eventually the city extends municipal water service to the subdivision.
Plenty. Water rights are serious business in the west. If they don't have the legal right to drill a well, and they drill anyway, whomever owns the rights to that water *will* object.
Cut the lock and chain...with bolt cutters.. this is New Mexico for ya... Water shortages.. people move here from Florida or what?!? Insect issues In Florida .. flooding issues in Florida... Water issues in New Mexico..no insect issues.. gotta understand the issues and prepare for the state you live.. also Montana and Wyoming.. much more water out there than New Mexico as well..
Sure, as long as you don't have a problem with a neighbor turning his property into a junk yard or deciding to raise swine, all of which would be permissible in any unincorporated area in New Mexico.
@@davmar9923i think the guy that has the water wants their land and cheap. the HOA said no drilling wells because water was being supplied. but now its not so that should cancel everything HOA out. then i would have built a big junk yard even if i never sold a single part.
@@MadsWorld34 Uninformed speculation on the matter is of no value to anyone. This is clearly an issue that can only be solved by a court. In theory, the HOA would bear the cost of legal action, which would in turn be born by all members of the HOA equally.
1st because the breach of contract from the company i would just drill my own well and say fuck it if they can break the law why shouldn't i there trying to force them off there land
Learn to pick locks. Take the lock to a locksmith and have keys made. Make sure everyone has a key. Be sure to put the lock back in place after you're done.
Wow I feel lucky that in my country access to clean and treated drinking water from your tap is a basic human right and every house must be connected to the system and under no circumstances can the water ever be turned off.
oh, theyll turn our water off without thought. electricty? natural gas in the middle of winter? oh yeah, in a heartbeat theyll throw that switch. the wealthiest third world nation in the history of this earth.
+Litigious Society Where i live we have the water rights and it just comes out the ground. When it rained and filled up the Laguna some people from the state came and sucked the water out.
heres what i gather someone else owns the land the water is on that over the company that sold them the land there prolly tired of people on his land the comnpany made claims they didnt own meaning you can have water here... but its owned by someone else... cant do that.. the owner of those wells a normal man not that company that stated this and that.. prolly the land owner was tired of people on his land and wells can dry up he was seeing people take take take more than they need etc and sick of it this is why he locked it see once you let people go an inch they go a mile or forever..
Owner sells a 20 by 20 feet land to the neighbors for a $1 and the neighbors to them and drill a water well original contract out the window on that no drilling for a well. But still have to pay for the drilling.
You can't sell something they don't own. they don't own the right to drill a well on property they own. If they don't own the right to drill a well, they can't sell the right to drill a well to someone else.
The Problem here is "fair usage" I doubt even the owner of the property the well sets on owns the well on his land... this sound like a territorial/tribal kind of a thing... "my property"... soon one would get the notion that the well belongs to "Him"... /// ... plaintiffs have stated they cannot afford to have a well... drilled... it might be cheaper to buy a drilling platform & drill the well themselves... by far this would be the cheapest way... I prefer this method... /// ... or sort it out in the Courts... & then drill the well...
If i owned the land i would dig a well if i had to do the digging myself.having the rite to search for and or find all life giving water on your land is a basic human right.
Why don't they all pool their money and drill another community well. Obviously one of them did something to piss off the landowner/waterowner that he suddenly locks the gate after 2 years.
well then put in a pipeline from the next avalible watersource and simply send the bill to Timberlands... really simple... if They dont pay they go bankrupt....
