NOTICE is hereby given that on October 26, 2021, Los Poblanos Orchards Homeowners Association, co Chad Custer, Board of Directors, 4638 Los Poblanos Circle, N.W., Los Ranchos, NM 87107 and the City of Belen, c/o Andrew Salas, City of Belen Manager, 100 South Main Street, Belen, NM 87002 filed Application No. (SP-2847-M into RG-69046)-T-2 with the STATE ENGINEER for Permit to Temporarily Change Place of Use and Point of Diversion from Surface Water to Groundwater within the Rio Grande Basin of the State of New Mexico.

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 the Albuquerque Journal.

Los Poblanos Orchards Homeowners Association proposes to temporarily change the point of diversion of up to 15 acre-feet per annum (afa) of San Juan-Chama Project water from a point of diversion on the Rio Chama 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, to well No. RG-69046, owned by Los Poblanos Orchards Homeowners Association, located at X=1,516,965 meters and Y=1,508,316 feet, NM State Plane, NAD83, for the irrigation of five acres of open space land owned by the Los Poblanos Orchards Home Owners Association, described as being Tract A (4.4 acres) and Tract B (0.6 acre) of “Second Amended Plat of Los Poblanos Orchard”, within the Los Poblanos Ranch Subdivision, as shown on MRGCD Map 31.

The move-to open space land and well are within the Los Poblanos Ranch Subdivision, and bounded on the south by Montano Road, and bounded on the west by Rio Grande Blvd, within the Village of Los Ranchos, Bernalillo County, New Mexico.

Los Poblanos Orchards Homeowners Association. has a 10-year lease agreement with the City of Belen for 15 afa under State Engineer Permit No. SP-2847-M, Contract No. 0-07-40-R1070 between the U.S. Bureau of Reclamation and the City of Belen.

This Application is filed under the Water-Use Leasing Act, NMSA 1978, Sections 72-6-1 through 72-6-7.

Application is made for a permit that, if granted, would start on January 1, 2022 and 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 and point of diversion pursuant to the applicable provisions in SP-2847-M.

To view the application and supporting documentation contact the State Engineer District 1 Office to arrange a date and time for an appointment at (505) 383-4000 located at 5550 San Antonio Drive NE, Albuquerque, NM, 87109.

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, or email 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 Office of the State Engineer, 5550 San Antonio Dr. NE, Albuquerque, NM, 87109, on or before May 20, 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 timely protest or objection is filed, the State Engineer will evaluate the application in accordance with the Water-Use Leasing Act.

Published in the Valencia County News-Bulletin: March 17, 24, 31, 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.