NOTICE is hereby given that on June 29, 2022, Carl C. Apodaca with co-applicants Patsy M. Hubrina, Marvin V. Garcia, and the Estate of Mela H. Garcia, all applicants c/o WaterBank, 610 Gold Ave SW, Suite 111, Albuquerque, NM 87102, filed Application No. (SD-10121 into RG-58309-A)-T with the STATE ENGINEER for Permit to Temporarily Change Point of Diversion, Place, and Purpose of Use from Surface Water to Ground Water within the Rio Grande Underground Water Basin of the State of New Mexico.

Valencia County and Bemalillo 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.

Per a Water Use Lease, NMSA 1978, §§ 76-6-1 to 7, the applicants propose to temporarily discontinue from July 15, 2022, to July 15, 2024 (2 years) the diversion of 0.93 acre-feet per annum (afa) of surface water, inclusive of a consumptive irrigation requirement (cir) of 0.651 afa, from the Peralta Main Canal with a point of diversion located at the Isleta Diversion Works (SP-1690-3) located in the NE1/4 NE1/4 SW1/4 of Section 24, Township 8 North, Range 2 East, NMPM, at a point where X=346,037 meters, Y=3,863,880 meters, UTM (NAD83), on land owned by the Pueblo of Isleta and leased to MRGCD, for the irrigation of 0.31 acre of land owned by Patsy M. Hubrina, Marvin V. Garcia, and the Estate of Mela H. Garcia described as pt. of Tract 113-A-2 (0.15 acre), pt. of Tract 116-D-2 (0.02 acre), and pt. of Tract 113-B (0.14 acre) on MRGCD Map 89, in Section 28, Township 6 North, Range 2 East, NMPM in Valencia County. Said move-from land is located directly west of State Highway 47 at the intersection of Hwy 47 and Barrelas Trl in the Town of Tome, NM 87060.

The applicants further propose to temporarily transfer for the 2-year time period the subject 0.651 afa cir to well no. RG-58309-POD1, located at a point where X=378,749 meters and Y=3,924,659 meters, UTM (NAD83), Zone 13N, for irrigation, commercial, indoor and outdoor greenhouse, and drip irrigation purposes on 1.50 acres of land, owned by Carl C. Apodaca, described as Lot 14 of Padre Point Estates on MRGCD Map 58 in Bernalillo County. Said move-to land is located directly northwest of the intersection of Paseo Alegre Rd SW and Paseo del Banco Ct SW in Albuquerque, NM 87105.

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) 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 Office of the State Engineer, District 1 Office, located at 5550 San Antonio Drive NE, Albuquerque, NM 87109-4127, on or before October 21, 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: August 25, September 1, 8, 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.