NOTICE is hereby given that on February 4, 2022, Kenneth Baca, 1981 Felicidad Dr., Lake Havasu City, AZ 86404 and Kind Ltd. Co. c/o WaterBank, 610 Gold Ave SW, Suite 111,
Albuquerque, NM 87106, filed with the STATE ENGINEER Application No. (SD-06481-C into RG-50108-A)-T for Permit to Temporarily Change Point of Diversion, Place and Purpose of
Use 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-
The applicants propose to temporarily discontinue the diversion and use of a farm delivery requirement (FDR) of 1.8 acre-feet per annum of surface water, inclusive of a consumptive irrigation requirement (CIR) of 1.26 acre-feet per annum, from the New Belen 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 X = 346,037 meters and Y = 3,863,880 meters intersect, UTM Zone 13N, NAD 1983, for the irrigation of 0.60 acre of land owned by Kenneth Baca, described as the eastern side of Tract C-2, Lands of Gillie Sanchez, on MRGCD Map 87, within Section 19, Township 6 North, Range 2 East, NMPM. This move-from land is generally located 1.18 miles northwest of the intersection of NM State Road 314 and Square Deal Rd, Belen, Valencia County, New Mexico.
The applicants further propose to temporarily transfer the above-described water right to well RG-50108 POD1, located at Latitude 34°37’20.46″ N and Longitude 106°46’10.59″ W, for irrigation and commercial uses specifically described as being primarily drip irrigation for indoor and outdoor greenhouses within 2.95 acres, described as Tract D, Land of Govina T. Gower Trust on MRGCD Map 104, within Section 31, Township 5 North, Range 2 East, NMPM. The move-to land and move-to well are on land owned by Trey Cole. This move-to land is generally located 0.44 mile southeast of the intersection of NM State Road 116 and Castillo Rd, Belen, Valencia County, New Mexico.
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 expire on February 1, 2024. 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 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 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, at 5550 San Antonio Dr. NE, Albuquerque, NM 87109, on or before May 13, 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 17, 24, 31, 2022
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.