NOTICE is hereby given that on March 14, 2022, Peggy & Herman Pohl, and Robert J. Jordan, Trustee of the Mending Wall Revocable Trust, both c/o WaterBank, 610 Gold Avenue SW, Suite 111, Albuquerque, NM 87102, filed with the STATE ENGINEER Application No. (SD-09733)-T for permit under Water-Use Leasing Act (NMSA 1978, Sections 72-6-1 thru -7) to temporarily change point of diversion and place of use of 9.0 acre-feet per annum (6.3 acre-feet per annum C.I.R.) from the works of the MRGCD within the Middle Rio Grande basin of the State of New Mexico. Preliminary Authorization was requested and granted.

Valencia and Sandoval 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 Valencia County News and the Albuquerque Journal.

The applicants propose to temporarily discontinue (until March 15, 2023) the diversion and use of a farm delivery requirement (FDR) of 9.0 acre-feet per annum of surface water, inclusive of a consumptive irrigation requirement (CIR) of 6.3 acre-feet per annum, from the Los Chavez Acequia, with a point of diversion on the Rio Grande at the Isleta Diversion Dam (SP-1690-3), at a point where X = 346,037 meters and Y = 3,863,8808 meters intersect, UTM Zone 13N, NAD 1983, on land owned by the Pueblo of Isleta, for the irrigation of 3 acres of land. The move-from land is described as Tract 63G1, MRGCD Map 87, within Section 20, Township 6 North, Range 2 East, NMPM. This move-from land is owned by Peggy & Herman Pohl, and is generally located approximately 0.25 mi.east of the intersection of Camino de los Chavez and NM Highway 314 south of Los Lunas, Valencia County, New Mexico.

The applicants further propose to transfer an FDR of 9.0 acre-feet per annum inclusive of a CIR of 6.3 acre-feet per annum of the above-described water right (SD-09733) to a part of a property described as Tract 1-B1, MRGCD Map 4 for irrigation use. Tract 1-B1 comprises 4 acres, and the irrigation water shall be moved to 3 acres of the tract, the entire area not occupied by structures or driveway. SD-09733 shall be diverted from the Cochiti East Side Main Canal, with a point of diversion on the Rio Grande at the Cochiti Diversion Dam (SP-1690-1), at a point where X =380,297 meters and Y = 3,942,324 intersect, UTM Zone 13N, NAD 1983, on land owned by Pueblo de Cochiti, for the irrigation of 2 acres of land. The move-to place of use is on land owned by Robert J. Jordan, Trustee of the Mending Wall Living Trust, and is generally located approximately 0.25 mi. west of the intersection of Arroyo Leyba and New Mexico State Highway 22 near Peña Blanca, Sandoval County, New Mexico.

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

To view the application and supporting documentation contact the State Engineer District Office to arrange a date and time for an appointment located Insert District number and physical address here.

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, 5550 San Antonio Dr. NE, Albuquerque, NM 87109, on or before June 24, 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. A copy of the written protest filed with the State Engineer must also be sent to the applicant by certified mail. 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 21, 28, May 5, 2022

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