NOTICE is hereby given that on September 20, 2021, Jim Embree, 4747 Williams Dr., Georgetown, TX 78633, and Patrick H. and Melba C. Napoleone, Trustees of the Patrick and Melba Napoleone Trust, 5803 Padre Roberto Rd., NW, Los Ranchos, NM 87107, filed with the STATE ENGINEER Application No. SD-09778 for Permit to Change Place of Use and Point of Diversion of Surface Water of the Rio Grande Stream System within the State of New Mexico.
Socorro and Valencia Counties are the Counties 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 El Defensor Chieftain and the Valencia County News-Bulletin.
Under this application, the applicants propose to discontinue the farm delivery requirement of 23.4 acre-feet per annum (AFA), inclusive of a consumptive irrigation requirement of 16.38 AFA from the Lemitar Ditch with a Point of Diversion (POD) located in the SW1/4 NE1/4 NE1/4 of Section 1, Township 1 South, Range 1 West, (projected) NMPM, at the San Acacia Diversion Works, SP-1690-4, of the MRGCD Sevilleta Grant, located at a point where X=326,225 meters, Y=3,792,219 meters, UTM (NAD83), Zone 13N, on land owned by the MRGCD, for the irrigation of 7.8 acres of land owned by Casey and Cindi Cordova described as Property of Trujillo, East Pt. Parcel C. (0.537 acre) and West Pt. Parcel D (7.263 acres), located within Section 12, Township 2 South, Range 1 West, NMPM on MRGCD Map 154, Socorro County, New Mexico. The above-described move-from tracts are located approximately 0.40 miles south of the intersection of Calle de Lemitar and Connell Circle, Lemitar, Socorro County, New Mexico.
The applicants further propose to commence diversion of the above described farm delivery requirement of 23.4 AFA, inclusive of a consumptive irrigation requirement of 16.38 AFA, from the Rincon Acequia and the Belen Riverside Lateral, with a POD located in the NE1/4 NE1/4 SW1/4 of Section 24, Township 8 North, Range 2 East, NMPM, at the Isleta Diversion Works, SP-1690-3, of the MRGCD, located at a point where X=346,037 meters, Y=3,863,880 meters, UTM (NAD83), Zone 13N, on land owned by the Pueblo of Isleta and leased to MRGCD, for the irrigation of 7.8 acres of land owned by Patrick H. and Melba C. Napoleone, Trustees of the Patrick and Melba Napoleone Trust, described as South Part of Tract 48A and North Part of Tract 48B, MRGCD Map 99, located in Section 17, Township 5 North, Range 2 East, NMPM, Valencia County, New Mexico. The above-described move-to tracts are located just north of 900 East River Road, Belen, Valencia County, New Mexico.
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) Detriment; if detriment, 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, January 10, 2022. 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 28, 2021 and November 4 & 11, 2021