Legal Notices-Non-government

Sandoval, Valencia, and Socorro 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 Albuquerque Journal, Valencia County News-Bulletin, and El Defensor Chieftain.

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 5.15 acre-feet per annum (afa) from six groundwater Points of Diversion (PODs) located throughout the Town of Bernalillo Water Service Area under the permit SD-06651 into RG-2478 et al., on land owned by various owners, for municipal use. Using UTM (NAD83), Zone 13N, the well locations, owned by the Town of Bernalillo, are described as:

RG-2478, located at a point where X=358,618.7, Y=3,907,774.9 meters,
RG-2478-S, located at a point where X=358,644.8, Y=3,907,744.3 meters,
RG-2478-S2, located at a point where X=360,258.3, Y=3,907,698.3 meters,
RG-2478-S3, located at a point where X=361,018.6, Y=3,909,692.8 meters,
RG-2478-S4, located at a point where X=351,161.6, Y=3,911,578.6 meters, and
RG-2478-S5, located at a point where X=356,771.3, Y=3,909,622.7 meters.

The Town of Bernalillo has agreed to lease the consumptive use irrigation requirement of 5.25 afa; however, the consumptive use permitted to the applicants is not to exceed 5.15 afa of groundwater from well RG-99671.

The applicants further propose to temporarily commence, for a period of 10 years, the consumptive use of 5.15 afa of groundwater from well RG-99671, located at a point where X=333,915, Y=3,816,893 meters, UTM (NAD83), Zone 13N, for the irrigation of 2.45 acres described as Tract 75, MRGCD Map 124, located in projected Section 14 and 23, Township 3 North, Range 1 East, NMPM, in the Belen Land Grant, for commercial irrigation of indoor greenhouses, beginning January 1, 2022 and ending December 31, 2031. The well and land are owned by Richard Abeyta. The above-described move-to tract is bounded on the west by Federal Aid Highway Project 125-c and bounded on the east by Sabinal Lateral No. 1.

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 at (505) 383-4000 and 5550 San Antonio Drive NE, Albuquerque, NM, 87109 to arrange a date and time for an appointment.

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 Tuesday, February 01, 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.