NOTICE is hereby given that on September 30, 2022, the Village of Los Lunas, c/o Gregory D. Martin, PO Box 1209, Los Lunas, NM 87031, Derrick Chavez, Kimberly C. Gibbons, Doug Chavez, and Brian Chavez, 1041 S, 80th St., Mesa, AZ 85208, and LGI Homes – New Mexico, LLC, c/o Rick Tayrien, 9105 E. Del Camino Dr. Suite 118, Scottsdale, AZ 85258, filed as co-applicants, Application No. SD-09171-A into RG-17065 et al. with the STATE ENGINEER for Permit to Change the Point of Diversion and Place and Purpose of Use from Surface Water to Groundwater within the Rio Grande Basin, in 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.

The applicants propose to discontinue the diversion and use of a farm delivery requirement (FDR) of 34.3254 acre-feet per annum (AFA) of surface water, inclusive of a consumptive irrigation requirement (CIR) of 24.02778 AFA, from the Isleta Diversion Dam (SP-1690-3), on land owned by Pueblo of Isleta, at a point where X = 346,037 meters & Y = 3,863,880 meters, Zone 13, UTM (NAD83) for the irrigation of 11.4418 acres of land, described as Tract D1, Exempt Replat of Tracts “A” and “D”, Land of George Chavez, on MRGCD Map 95, owned by Derrick Chavez, Kimberly C. Gibbons, Doug Chavez, and Brian Chavez, and generally located approximately 200 feet south of the intersection of Gabaldon Road and Calle Del Bosque, Belen, Valencia County, New Mexico.

The applicant further proposes to transfer 24.02778 AFA consumptive use water right to seven (7) wells permitted in the name of the Village of Los Lunas and further permitted under RG-17065-Enlgd., consisting of 7 existing system production wells, all located on the land owned by the Village of Los Lunas, for municipal, industrial, and commercial purposes within the service area of the Village of Los Lunas municipal water system. The 7 wells include RG-17065 (POD1), located at a point where X = 338,305.4 meters and Y = 3,852,183.4 meters, RG-17065-S (POD2), located at a point where X = 341,180.2 meters and Y = 3,852,940.1 meters, RG-17065-S-2 (POD3), located at a point where X = 339,266.6 meters and Y = 3,854,556.6 meters, RG-17065-S-3 (POD4), located at a point where X = 339,916.5 meters and Y = 3,856,244.8 meters, RG-17065-S-4 (POD5), located at a point where X = 338,377.2 meters and Y = 3,853,956.8 meters, RG-17065 POD6, located at a point where X = 338,599 meters and Y = 3,854,659 meters, and RG-17065 POD7, located at a point where X = 339,261 meters and Y = 3,854,521 meters, Zone 13N, UTM (NAD 83). Said wells are generally located within a mile radius of the intersection of U.S. Interstate 25 and NMSR 6 on land owned by Los Lunas municipal system, Valencia County, New Mexico. The applicants state the Village of Los Lunas holds Permit RG-17065-Enlgd, approved May 9, 2011 which allows for the diversion of up to 6320.5 acre-feet per year. This application is filed to partially fulfill conditions of approval of Permit RG-17065-Enlrg. No increase in the diversion limit is requested under this application.

To view the application and supporting documentation contact the State Engineer District 1 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 having 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). 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 must show 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 December 30, 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 on 27th October, 3rd, 10th November, 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.