NOTICE is hereby given that on December 9th and again on the 11th, 2020, Monique Ostermann, 9636Allande Rd. NE, Albuquerque, New Mexico 87109 and the City of Belen c/o Andrew Salas, City of Belen Manager, 100 South Main Street, Belen, New Mexico 87002, filed as co-applicants Application No. (SP-2847-M into RG-99141)-T, with the STATE ENGINEER for Permit to Temporarily Change Point of Diversion and Place of Use from Surface Water to Groundwater in the Rio Grande Underground Water Basin.
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.
Monique Ostermann has a lease agreement with the City of Belen to release 10 acre-feet per annum (afa) of San Juan/Chama Project (SJ/CP) water under surface permit SP-2847-M, and to offset the depletions caused to the Rio Grande from the pumping of well RG-99141, located at a point where X=1,486,654 feet and Y= 1,292,390 feet, NM State Plane, NAD83, NM Central Zone, within SW1/4, SW1/4, SW1/4 of Section 20, Township 4 North, Range 2 East, NMPM, for the irrigation of 3.85 acres of land described as Tract 36A2, Lands of Charles Chavez, MRGCD Map 115, Valencia? County, New Mexico. The move-to land and well, RG-99141, are located on land owned by Monique Ostermann, Michelle Sundt and Brently Levesque, located at 1596 NM Highway 304, Belen, NM, Valencia County.
Surface Permit, SP-2847-M is located on the Rio Chama (Heron Lake) with a point of diversion a point where X=347,493 meters and Y=4,059,153 meters, UTM 13N, NAD83, Tierra Amarilla Grant, on land owned by the U.S. Bureau of Reclamation, Rio Arriba County, New Mexico.
The temporary change would begin from the date of the application’s approval to 10 years hence forward. Upon termination or expiration of the desired permit, the subject water right will automatically revert back to the original purpose and place of use. No new appropriation is sought by this application.
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 the 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 Office of the State Engineer, District 1 Office, located at 5550 San Antonio Drive NE, Albuquerque, NM 87109-4127, 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
January 21 & 28, 2021 &
February 4, 2021.