NOTICE is hereby given that on December 15, 2020, Don Lauser, 1417 56th St. NW, Albuquerque, NM 87105, and Mesa Verde Farms, LLC, c/o Mike Mechenbier, 3211 Highway 47, Los Lunas, NM 87031, filed with the STATE ENGINEER Application No. SD-09751 into RG-10260, RG-82157 and RG-93792 for Permit to change Place of Use and Point of Diversion from Surface Water to Groundwater 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 applicants propose to discontinue the diversion and use of a farm delivery requirement (FDR) of 4.2 acre-feet per annum of surface water, inclusive of a consumptive irrigation requirement (CIR) of 2.94 acre-feet per annum, from Peralta Acequia, with a point of diversion on the Rio Grande at the Isleta Diversion Dam (SP-1690-3), on land owned by Isleta Pueblo, at a point where Latitude equals 34°54’20.5″N and Longitude equals 106°41’6.8″W, for the irrigation of 1.4 acres of land owned by Don Lauser. The move-from land is described as Part of Tract A Amd Lds Darren D. Jewell & Don Lauser on MRGCD Map 71, within Sections 24 & 25, Township 7 North, Range 2 East, NMPM. This move-from land is generally located about 0.27 miles southeast of the intersection of Valencia Rd and Monica Rd, Peralta, Valencia County, New Mexico.

The applicants propose to transfer the above described FDR of 4.2 acre-feet per annum inclusive of the CIR of 2.94 acre-feet per annum to well RG-82157 POD1 located at a point where X=1,477,530 feet and Y=1,305,550 feet; well RG-10260 POD3 located at a point where X=1,479,600 feet and Y=1,320,580 feet; and well RG-93792 POD1 located at a point where X=1,474,467 feet and Y=1,294,924 feet, New Mexico State Plane, Central Zone, NAD83, for the irrigation of 805.5771 acres of land described as: 118.6629 acres of land described as North Portion Tract 1, Boundary Survey of the Lands of Les Gibson, 170.2196 acres, exempting Tract 104A1A1, Map 104, 34.5567 acres; and excepting Tract 1A consisting of One (1) Tract of land situated within Section 36, Township 5 North, Range 1 East of the Principal Meridian in Valencia County, New Mexico being Southerly Portion of Tract 1, as such Tract is shown on Map 105 of the Surveys of the Middle Rio Grande Conservancy District (MRGCD), being described on the Survey Plat Titled “Boundary Survey of Lands of Les Gibson”, filed in the Office of the County Clerk of Valencia County, New Mexico, on January 12, 1999, in Cabinet J, Page 253, consisting of 17.0000 Acres; 9.2252 acres of land described as Tract 104A1A-R on MRGCD Maps 104 and 105; 120.7644 acres of land described as South Portion Tract 1, Boundary Survey of the Lands of Les Gibson on MRGCD Map 105; 121.0865 acres of land described as Tract 2, Boundary Survey of the Lands of Les Gibson on MRGCD Map 108; 109.7401 acres of land described as North Portion Tract 3, Boundary Survey of the Lands of Les Gibson on MRGCD Map 109; 29.4776 acres of land described as South Portion Tract 3, Boundary Survey of the Lands of Les Gibson on MRGCD Map 112; 0.84 acre of land described as Tract 122A2 on MRGCD Map 114; 0.83 acre of land described as Tract 122B on MRGCD Map 114; 0.83 acre of land described as Tract 122C on MRGCD Map 114; 238.9108 acres of land described as Tract 4, Boundary Survey of the Lands of Les Gibson, excepting Tract 4B and 4C1, consisting of Two (2) Tracts of Land of land situate within Section 23 and 26, Township 4 North, Range 1 East of the New Mexico Principal Meridian in Valencia County and Socorro County, being Tract 4, as such Tract is shown on Map 113 consisting of approximately 309.3777 acres, excepting out Map 118 of the Surveys of the MRGCD, being described on the Survey Plat Titled “Boundary Survey of the Lands of Les Gibson”, filed in the Office of the County Clerk of Valencia County, New Mexico, on January 12, 1999, in Cabinet J, Page 253, consisting of 20.4669 acres and 50 acres; and 55.21 acres of land described as Tract 31A1 (0.28 acre) and Tract 102A (54.93 acres) S:25 T:5N R:1E total 55.2 acres Map 104 Combined for 1986 DC BK 252, PG 5860. The move-to lands and wells are located on lands owned by Mesa Verde Farms, LLC, and generally located west of Interstate 25 and east of the Belen High Line Canal. The north boundary is adjacent to Interstate 25 Exit 190, near Mile Marker 190, and the south boundary is approximately 6 miles south of Exit 190 near Mile Marker 196, 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 located at 5550 San Antonio Dr NE, Albuquerque, NM 87109.

Any person, firm or corporation or other entity having 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). 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 must show 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, on or before March 26, 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
February 4, 11, & 18, 2021.

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