NOTICE is hereby given that on March 10, 2022, T. Scott Edeal, dealing in his sole and separate property, 147-A Edeal Rd., Los Lunas, NM 87031, and T Three, LLC, a New Mexico limited liability company, filed two Applications numbered (SD-09520-A into RG-1811-AG)-T & (SD-09545 into RG-1811-AG)-T with the STATE ENGINEER for Permit to Temporarily Change Point of Diversion, Place, and Purpose of Use from Surface Water to Groundwater within the Rio Grande Underground Water Basin of the State of New Mexico, per Water Use Lease Agreement under-NMSA 1978, §72-6-1 to 72-6-7, commencing June 6, 2022, and ending December 31, 2029.

Socorro and Valencia Counties 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 El Defensor Chieftain and the Valencia County News-Bulletin.

The applicants propose to continue the temporary transfer of a total of 50 acre-feet per annum (afa) of pre-1907 surface water rights declared under two surface declarations described as SD-09520 (26.943 afa) and SD-09545 (23.058 afa) into three wells under file RG-1811-A et al., described in detail below. The surface water rights appurtenant to these two surface declarations are currently permitted under (SD-09520-A into RG-1811-A)-T & (SD-09545 into RG-1811-A)-T, which are both set to expire on June 6, 2022, the same day the applications described here are set to commence.

Application SD-09520: The applicants propose to temporarily discontinue the diversion of 38.49 afa of water, inclusive of a Consumptive Irrigation Requirement of 26.943 afa from the Belen Grant Lateral #2, with a point of diversion on the Rio Grande at the Isleta Diversion Works of the MRGCD (SP-1690-3), located on land owned by the Isleta Pueblo and leased to MRGCD in the NE1/4 NE1/4 SW1/4 of projected Section 24, Township 8 North, Range 2 East, NMPM, located at a point where X = 346,037 meters, and Y = 3,863,880 meters, UTM (NAD83), Zone 13N, Isleta Pueblo Grant, for the irrigation of 12.83 acres of land, owned by T. Scott Edeal, described as the west part of Tract 47A, and the west part of Tract 46B, MRGCD Map 126, Socorro County, New Mexico.

Application SD-09545: The applicants propose to temporarily discontinue the diversion of 32.94 afa, inclusive of Consumptive Irrigation Requirement of 23.058 afa from the Belen Grant Lateral #2 with a point of diversion on the Rio Grande at the Isleta Diversion Works of the MRGCD, previously described above, for the irrigation of 10.98 acres of land, owned by T. Scott Edeal, described as Tract 48A (9.40 acres) and part of Tract 48B1 (1.58 acres), MRGCD Map 126, Socorro County, New Mexico.

Said 12.83 acres and 10.98 acres of move-from lands described above are located on the east side of the Rio Grande, south of the Village of Las Nutrias, west of State Hwy 304, and north of State Hwy 60, within the Casa Colorado Grant, Socorro County, New Mexico.

The applicants further propose to temporarily transfer said 26.943 (SD-09520) and 23.058 afa (SD-09545) Consumptive Use (CU) water rights, totaling 50 afa CU, to three wells listed under RG-1811-A et al., described as RG-1811 POD4 located at a point where X = 1,495,588 feet, Y = 1,325,519 feet, RG-1811 POD15 located at a point where X = 1,496,995 feet, Y = 1,322,761 feet, RG-1811 POD24 located at a point where X = 1,495,624 feet, Y = 1,321,214 feet.

All three wells are located within the Tome Grant, NM State Plane, NAD 1983, Central Zone. The wells and land are owned by T Three, LLC, a New Mexico limited liability company, located on the east side of the Rio Grande, in a golf course, between NM State Hwy 304 and NM State Hwy 47, Rio Communities, Valencia County, New Mexico. These transfers are for golf course and related purposes on 6.2965 acres of land and 7.3574 acres of land, totaling 13.6539 acres of land, described as Part of Tract one, as shown on the Amended Plat of Land Split of Residual Parcel (RC-88-2), Tracts 1-4, Valencia County, NM, as the same is shown & designated on the Amended Plat filed February 12, 1993, in Cabinet I, Page 104, records of the County Clerk of Valencia County.

The terms of the Water Use Lease Agreement under-NMSA 1978, §72-6-1 to 72-6-7, for the two applications, described above, are for a period of time commencing June 6, 2022, and ending December 31, 2029. Upon termination or expiration of the desired permits, the subject water right will automatically revert to the move-from places of use pursuant to the applicable provisions in that permit.

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 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) 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 Office of the State Engineer, District 1 Office, located at 5550 San Antonio Drive NE, Albuquerque, NM 87109-4127, on or before Friday, June 17, 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: April 14, 21, 28, 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.