NOTICE is hereby given that on June 15, 2021, T. Scott Edeal and Patricia A. Welk, T. Scott Edeal (contact), 147-A Edeal Road, Los Lunas, NM 87031, and Mountain State Constructors, Inc., David Otoski (contact), 3601 Pan American Freeway NE, #111, Albuquerque, NM 87107, filed with the STATE ENGINEER Application No. SD-08574 into RG-96399 for Permit to 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.

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 the applicants propose to discontinue the diversion of 24.4707 acre-feet per annum (afa) of surface water inclusive of a consumptive use irrigation requirement of 17.12949 afa from the Sausal Acequia with a point of diversion 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 8.1569 acres of land owned by T. Scott Edeal and Patricia A. Welk, described as Tract 112-A on MRGCD Map 95 and located within Section 5, Township 5 North, Range 2 East, NMPM, located approximately 0.1 mile north of the intersection of Padilla Road and Acequia Road, Belen, Valencia County, NM.

The applicants further propose to commence the consumptive use of 17.12949 afa of groundwater from well RG-96399 POD1, located at a point where Latitude=34°48’41.9″N and Longitude=106°52’58.4″W, WGS84, on land owned by Rock and Rail, LLC, for sand and gravel washing, dust abatement, and related uses at a gravel pit located within W½ (163± acres) of projected Section 18 and the N½ NW¼ (80± acres) of projected Section 19, Township 7 North, Range 1 East, NMPM, being a portion of Parcel A, Lands of Huning Limited Liability Partnership, within the San Clemente Grant as said Parcel is shown on plat recorded in the Office of the Valencia County Clerk on February 29, 2016, in Cabinet M, Page 305, Valencia County, located approximately 0.3 miles northwest of the intersection of NM Highway 6 and Quintana Road in Valencia County, NM.

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 Friday, September 10, 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
July 15, 22,& 29, 2021.

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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.