NOTICE is hereby given that on May 02, 2022, May 23, 2022, and June 21, 2022, co-applicants Philip A. Johnson and Loyola 0. Chastain, 25 Pueblitos Road, Belen, NM 87002, filed with the STATE ENGINEER Application No. SD-10038 into RG-99448 for Permit to Change Purpose of Use and Point of Diversion of Surface Water of the Rio Grande Stream System to a Groundwater Point of Diversion within the Middle Rio Grande Underground Water 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-Bulletin.

Under this application, the applicants propose to discontinue the farm delivery requirement (FDR) of 6.0 acre-feet per annum (afa), inclusive of a consumptive irrigation requirement (CIR) of 4.1 afa, for the irrigation of 2.0 acres of land owned by Philip A. Johnson and Loyola 0. Chastain, described as Tract 87A2 (0.98 acre), the East part of Tract 87A1 (0.27 acre), and the West part of Tract 87A3 (0.75 acre), located on MRGCD Map 105, within Valencia County, New Mexico, within projected Section 36, Township 5 North, Range 1 East, NMPM, from the Garcia Ditch, with a Point of Diversion (POD) on the Rio Grande at the Isleta Diversion Works, SP-1690-3, on land owned by the Pueblo of Isleta, within projected NE1/4 NE1/4 SW 1/4 of Section 24, Township 8 North, Range 2 East, NMPM, at a point where X=346,037 meters, Y=3,863,880 meters intersect, UTM (NAD83), Zone 13N. The above-described move-from tracts are located on the west side of Pueblitos Road, east of the Garcia Ditch, approximately 0.15 miles west of Old Highway 85, Belen, Valencia County, New Mexico.

The applicants further propose to move the above-described FDR of 6.0 afa, inclusive of a CIR of 4.1 afa, to domestic well RG-99448, located on land owned by Philip A. Johnson and Loyola 0. Chastain, described as Tract 87A1, within projected NW1/4 NE1/4 SE1/4 of Section 36, Township 5 North, Range 1 East, NMPM, at a point where X=34.614868° latitude, Y=106.782189′ longitude, for drip irrigation and commercial use within the same 2.0 acres of land described above.

To view the application and supporting documentation contact the State Engineer District 1 Office at (505) 383¬4000 and 5550 San Antonio Drive NE, Albuquerque, NM, 87109 to arrange a date and time for an appointment.
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 Drive NE, Albuquerque, NM 87109, on or before September 23, 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: July 28, August 4, 11, 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.