NOTICE is hereby given that on May 14, 2021, and further amended on June 23, 2021, August 11, 2021 and September 4, 2021, co-applicants Nicholas Torres, 5 Davila Road, Los Lunas, NM 87031, and Taylor R. Ortiz, P. O. Box 1855, Belen, NM, 87002, Agent: WaterBank, 610 Gold Ave. SW, Ste. 111, Albuquerque, NM 87102, filed Application No. SD-07346-A into RG-13361 POD2 with the STATE ENGINEER for Permit to Change Point of Diversion, Purpose of Use and Place of Use of Surface Water within the Rio Grande Underground Basin 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.

The co-applicants propose to discontinue the diversion of 6.30 acre-feet per annum farm delivery requirement with a consumptive use amount of 4.41 acre-feet per annum from the New Belen Acequia, with a point of diversion on the Rio Grande at the Isleta Diversion Dam located at a point where X=346,037 meters, Y=3,863,880 meters, UTM Zone 13N, NAD83, on land owned by the Pueblo of Isleta, for the irrigation of 2.10 acres owned by the applicant, located on Tract 8A, Lands of Molly Davila, MRGCD Map 69, NMPM. The above-described move-from tract is located approximately west of the intersection of Davila Road and NM State Highway 314 in Los Lunas, Valencia County, New Mexico.

The co-applicants further propose to commence consumptive use amount of 4.41 acre-feet per annum from their domestic well RG-13361 POD2, located at a point where X = 339,179 meters and Y = 3,844,917 meters for irrigation, commercial and greenhouse use on a total of 4.104 acres of land, being Tract 12B2A1 (1.71 acres) and Tract C (2.4 acres) described as Lands of Robert M. and Irene J. Lee, on MRGCD Map 87, NMPM, owned by the applicant. The above-described move-to tracts are generally located approximately 0.2 miles west of the intersection of NM State Highway 314 and Guinea Road, Los Lunas, Valencia County, New Mexico.

This Application is filed with an Emergency Authorization request under New Mexico Statute Section 72-5-25 NMSA, however the emergency request was denied on September 30, 2021.

To view the application and supporting documentation contact the Office of the State Engineer District Office to arrange a date and time for an appointment at 5550 San Antonio Dr. NE, Albuquerque, NM 87109-4127.

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 December 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
October 14, 21, 28, 2021

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