Legal Notices-Non-government

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.

The co-applicants propose to temporarily discontinue (until July 19, 2027) the diversion and use of a farm delivery requirement (FDR) of 14.19 acre-feet per annum of surface water, inclusive of a consumptive irrigation requirement (CIR) of 9.933 acre-feet per annum, from the Hells Canyon Lateral, 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 = 3,863,880 meters intersect, UTM Zone 13N, NAD 1983, on land owned by the Pueblo of Isleta, for the irrigation of 4.73 acres of land owned by Billy D. Lopez and David P. Lopez. The move-from land is described Tracts 7B1A (0.36 ac.), 7B1B (0.30 ac.), 7B1C (0.30 ac.), 54 (1.04 ac.), and 56 (2.73 ac.), all found on MRGCD Map 66, within Section 13, Township 7 North, Range 2 East NMPM. This move-from land is generally located approximately 0.5 mile East of the intersection of Peralta Blvd and New Mexico Highway 47, Peralta, Valencia County, New Mexico.

The applicant further proposes to transfer the consumptive use of the above-described water right, being 9.933 acre-feet per annum, to well RG-A0823, located at a point where X = 346,397 meters and Y = 3,856,483 meters intersect, UTM Zone 13N, NAD 1983, owned by Billy D. Lopez and David P. Lopez, for commercial and other use described as greenhouse and drip irrigation, within the same tracts of land described above.

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 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, District 1 Office, located at 5550 San Antonio Drive NE, Albuquerque, NM 87109, on or before December 9, 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.