NOTICE is hereby given that on September 2, 2021, Jared De La Cruz & George De La Cruz, 36 Tome Vista Dr., Los Lunas, NM 87031, and the City of Belen, Andrew Salas (contact, City of Belen Manager), 100 South Main Street, Belen, NM 87002, filed with the STATE ENGINEER Application No. (SP-2847-M into RG-41698)-T for Permit to Temporarily Change Point of Diversion and Change Place and Purpose of Use from Surface Water to Groundwater within the Rio Grande Stream System of the State of New Mexico under Water Use Lease, NMSA 1978 72-6-1 through 72-6-7.
Valencia County is the County affected by the diversion and in which the water has been or will be put to beneficial use. This notice is ordered to be published in the Valencia County News Bulletin
Under this application, per lease agreement under NMSA 1978 Section 76-6-1, the applicants propose to temporarily discontinue, for a period of 10 years, the consumptive use irrigation requirement of 1.15 acre-feet per annum from the Heron Reservoir, owned by the United States of America, located in Section 7 Township 30 North, Range 7 West, NMPM, also located at a Point of Diversion (POD) Number SP-2847 of the San Juan Chama Project, located at a point where X=347,493 and Y=4,059,153 meters, UTM NAD83, ZN 13N. The current municipal purpose of use and amount of water is allowed under Contract No. 0-07-40-R1070 between the City of Belen and the United States Bureau of Reclamation. The co-applicants propose to offset diversions by release of San Juan Chama Project water leased from the City of Belen. The City of Belen has agreed to lease up to 5 acre-feet per annum to offset river depletions resulting from the pumping of well RG-41698; however, the consumptive use permitted to the applicants is not to exceed 1.15 acre-feet per annum of groundwater from well RG-41698.
The applicants further propose to temporarily commence, for a period of 10 years, the consumptive use of 1.15 acre-feet per annum of groundwater from well RG-41698, located at a point where X=341,158 and Y=3,842,234 meters, UTM NAD83, ZN 13N, on land owned by George De La Cruz, described as Lot 28 (0.5485 acre), Block 1 within the Los Ranchitos Subdivision, on MRGCD Map 93, within Section 33 Township 6 North, Range 2 East, NMPM, Valencia County for commercial and/or irrigation use, beginning January 1, 2022 and ending December 31, 2031.
This Application is filed under the Water-Use Leasing Act, NMSA 1978, Sections 72-6-1 through 72-6-7.
Application is made for a permit that, if granted, would expire on December 31, 2031. Upon termination or expiration of the desired permit, the subject water right will automatically revert to the move-from place of use pursuant to the applicable provisions in that permit.
To view the application and supporting documentation contact the State Engineer District 1 Office to arrange a date and time for an appointment at (505) 383-4000 located at 5550 San Antonio Drive NE, Albuquerque, NM, 87109.
Any person, firm or corporation or other entity asserting standing to file objections or protests shall do so in writing (objection must be legible, signed, and include the writer’s complete name, phone number, email address, and mailing address). If the protest does not include the complete name, phone number, email address, and mailing address, it may be deemed invalid and not accepted for filing unless Protestant provides with the protest an affidavit stating that it does not have one of the above-listed elements/requirements (phone number, mailing address, email address, etc.). The objection to the approval of the application must be based on: (1) Impairment; if impairment, you must specifically identify your water rights; and/or (2) Public Welfare/Conservation of Water; if public welfare or conservation of water within the state of New Mexico, you shall be required to provide evidence showing how you will be substantially and specifically affected. The written protest must be filed, in triplicate, with the State Engineer, 5550 San Antonio Drive NE, Albuquerque, NM 87109, on or before Monday, December 20, 2021. Facsimiles (faxes) will be accepted as a valid protest if the hard copy is hand-delivered or mailed and postmarked within 24-hours of the facsimile. Mailing postmark will be used to validate the 24-hour period. Protests can be faxed to the Office of the State Engineer, (505) 383-4030. If no valid protest or objection is filed, the State Engineer will evaluate the application in accordance with the provisions of Chapter 72 NMSA 1978.
Published in the Valencia County News Bulletin on October 7, 14 & 21, 2021
The Valencia County News-Bulletin is a locally owned and operated community newspaper, dedicated to serving Valencia County since 1910 through the highest journalistic and professional business standards. The VCNB is published weekly on Thursdays, including holidays both in print and online.
138
April 18, 2024
