Legal Notices-Non-government

Valencia County and Bernalillo County 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 Valencia County News-Bulletin and Albuquerque Journal. The applicants propose to discontinue the Farm Delivery Requirement (FDR) of 9.84 acre-feet per annum (afa) of surface water, inclusive of a Consumptive Use Irrigation Requirement (CIR) of 6.888 afa from the Los Chavez Ditch, with a point of diversion on the Rio Grande at the Isleta Diversion Dam (SP-1690-3), on land owned by Pueblo of Isleta, at a point where X=346,037 meters and Y=3,863,880 meters, UTM Zone 13N, NAD1983, from its current place of use on land described as 3.28 acres of Tract A1, MRGCD Map 86 within Section 17, Township 6 North, Range 2 East, N.M.P.M owned by Walter and Karen Barela. SD-09600 was reserved from a Warranty Deed between Grantors Lola Marlene Wright, Ronald L. Hieronymus, and Rhydonia J. Hieronymus and Grantees Walter and Karen Barela in March 2021.

The applicants further propose to transfer 6.888 afa (CIR) to permitted Sanitary in Conjunction with Commercial Use well RG-44140, complete with a 5½ inch casing to the depth of 131 feet, located within NW ¼ NE ¼ of Section 31, Township 9 North, Range 3 East, of the NMPM at a point described as Latitude=34°58’14.42″ and Longitude=106°39’41.94″ West Longitude intersect, WGS84, on land owned by Jim Payne, described as Payne Industrial Park Lot A-3 and Lot B within Section 31, Township 9 North, Range 3 East, NMPM. This new place of use is also described as 601 Paragon Road SE, Albuquerque, NM and Lot B. Applicants propose to add commercial use to declared use of irrigation in order to use 4.2 afa within the commercial building located on the aforementioned land for five hydroponic growing rooms at a rate of 750 gallons per day per room and the remaining 2.688 afa to drip irrigate a greenhouse to be located west of the hydroponic facility.

To view the application and supporting documentation contact the State Engineer District Office to arrange a date and time for an appointment located 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 Dr NE, Albuquerque, NM 87109-4127, on or before December 24, 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.