NOTICE is hereby given that on November 22, 2021 Chester French Stewart and Robert Stewart, c/o Susan C. Kery, 500 Tijeras Ave. NW Albuquerque, NM 87102, and Pulte Homes of New Mexico Inc., c/o David Newell, 7601 Jefferson, NE, Suite 320, Albuquerque, NM 87109, and the City of Santa Fe, c/o Alan G. Hook, P.O Box 909, Santa Fe, NM 87504, filed with the STATE ENGINEER Application No. SD-02790 thru SD-02793 into RG-20516 et al., for Permit to Change the Point of Diversion, Place and Purpose of Use from Surface Water to Groundwater of the Rio Grande Basin within the State of New Mexico.

Valencia, Bernalillo, Sandoval, and Santa Fe, 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, Albuquerque Journal, and the Santa Fe New Mexican.

The co-applicants propose to discontinue the 57.83 acre-feet consumptive use of surface water per annum, from the Los Lunas Acequia and the Peralta Main Canal, with a point of diversion on the Rio Grande at the Isleta Diversion Works (SP-1690-3), on land owned by Isleta Pueblo and leased to MRGCD, located within the Isleta Pueblo Grant, projected NE¼ NE¼ SW¼ of Section 24, Township 08 North, Range 02 East, NMPM, at a point where X = 346,037 meters and Y = 3,863,880 meters intersect, UTM Zone 13N, NAD 1983, for the irrigation of 27.542 acres of the move-from lands owned by various owners, under four (4) different surface declarations: SD-02790, SD-02791, SD-02790 and RG-02793. The declared water rights were approved for dedication to offset groundwater pumping for cemetery purposes under Permit No. RG-38993. At the time of the dedication, the water rights were severed from the move-from irrigated lands, and have not been used to irrigate those lands since 1983.

Under SD-02790, the move-from land described originally as Pt. of Tract 22B (11.802 acres), now replated as Lots 1-12 within the Hacienda Addition, located on MRGCD Map 72, within Section 26, Township 7 North, Range 2 East, NMPM, on land owned by numerous owners. This move-from land is generally located along the west side of Hacienda Court, 0.10 mile northeast of the intersection of NM Highway 47 and Vegas Road, Los Lunas, Valencia County, New Mexico.

Under SD-02791, the move-from lands are described as Pt. of Tract 62A2 (4.75 acres), located on MRGCD Map 69, within Section 28, Township 7 North, Range 2 East, NMPM, on land owned by numerous land owners. The move-from land is generally located south of Calle Don Santiago NE, East of the railroad, and west of the Los Lunas Acequia, Los Lunas, Valencia County, New Mexico.

Under SD-02792, the move-from lands are described as Pt. of Tract 2b1a (7.25 acres), located on MRGCD Map 73, within Section 28, Township 7 North, Range 2 East, NMPM, on land owned by numerous owners. These move-from lands are generally located along Calle de Las Familias NW, on the north side of the intersection of Main Street SW and Calle de Las Familias NW, Los Lunas, Valencia County, New Mexico.

Under SD-02793, the move-from lands originally described as Pt. of Tract 9a1a1a2b1a2 (1.02 acres) and Pt. of Tract 9a1a1a2b1a1b2 (2.72 acres), now replated as numerous Lots within the Las Lunas Manor, located on MRGCD Map 73, within Section 28, Township 7 North, Range 2 East, NMPM, on land owned by numerous owners. The move-from land is generally located along Calle Quieta NE, Calle Margarita NE, and Don Carlos Ave NE, north of Coronado Street NE, Los Lunas, Valencia County, New Mexico.

These four (4) surface declarations are associated with two (2) temporary permits; (SD-02790 and SD-02793 into RG-38993)-T was approved on May 12, 2017, for 32.64 afa, and Permit (SD-02791 and SD-02792 into RG-38993 into RG-55442)-T approved on July 11, 2019, for 25.2 afa.

The co-applicants further propose to transfer said 57.83 afa of consumptive use water rights, to the City of Santa Fe’s wells permitted under RG-20516 et al., consisting of 13 groundwater points of diversion comprised of the Buckman well field, all located on lands owned by and/or easements owned by the City of Santa Fe. Using UTM coordinates, NAD 83, in meters; the well locations are described as follows: RG-20516-S-5, (Buckman Well No. 1), located at a point where X=395,323, Y=3,966,286, RG-20516-S-6, (Buckman Well No. 2), located at a point where X=395,531, Y=3,965,627, RG-20516-S, (Buckman Well No. 3), located at a point where X=396,172, Y=3,965,382.5, RG-20516-S-2, (Buckman Well No. 4), located at a point where X=396,169, Y=3,964,656, RG-20516-S-3, (Buckman Well No. 5), located at a point where X=396,196, Y=3,963,991, RG-20516-S-4, (Buckman Well No. 6), located at a point where X=396,741, Y=3,964,467, RG-20516-S-7, (Buckman Well No. 7), located at a point where X=395,976, Y=3,966,139.5, RG-20516-S-8, (Buckman Well No. 8), located at a point where X=394,773, Y=3,966,031, RG-20516-S-9, (Buckman Well No. 9), located at a point where X=396,838, Y=3,965,678, RG-20516-S-10, (Buckman Well No. 10), located at a point where X=399,308, Y=3,959,708, RG-20516-S-11, (Buckman Well No. 11), located at a point where X=400,101, Y=3,957,434, RG-20516-S-12, (Buckman Well No. 12), located at a point where X=401,244, Y=3,956,264, and RG-20516-S-13, (Buckman Well No. 13), located at a point where X=402,960, Y=3,955,372. These wells are generally located 7-16 miles northwest of the intersection of State Road 599 and County Road 85, and 7-16 miles northwest of the City of Santa Fe, Santa Fe County, New Mexico. The place of use is described as various public and private entities within Santa Fe County, New Mexico.

The consumptive use water rights will be used to offset depletions on the Rio Grande resulting from pumping of groundwater authorized by State Engineer Permit No. RG-20516 et al., for domestic, municipal, industrial, commercial, city utility and any and all purposes of use related thereto or allowed by Permit RG-20516 et al., at places of use within the service area of the City of Santa Fe and Santa Fe County, on lands owned by numerous owners within the City of Santa Fe and Santa Fe County. If granted, this application will not increase the already approved diversion amount under Permit RG-20516 et al.

To view the application and supporting documentation contact the State Engineer District Office to arrange a date and time for an appointment located District I, 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 April 15, 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.

Published in the Valencia County News-Bulletin: March 3, 10, 17, 2022

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The Valencia County News-Bulletin is a locally owned and operated community newspaper, dedicated to serving Valencia County since 1910 through the highest journalistic and professional business standards. The VCNB is published weekly on Thursdays, including holidays both in print and online.