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 applicants propose to discontinue the farm delivery requirement of 1.26 acre-feet per annum (afa) of surface water, inclusive of a consumptive irrigation requirement (cir) of 0.88 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 0.42 ac. of land owned by Patsy M. Hurbina, Marvin V. Garcia, and the Estate of Mela H. Garcia described as Tract 116-B-2-B 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 Highway 47 and Barrelas Trl. in the Town of Tome, NM 87060.

The applicants further propose to transfer the subject 0.88 afa consumptive use to well no. RG-A0773, located at a point where X=1,490,979 feet and Y=1,300,005 feet, NM State Plane (NAD83), central zone, for irrigation, commercial, indoor and outdoor greenhouse, and primarily drip irrigation purposes within 2.61 ac. of land, described as Tracts 5A (1.41 ac.) and 5B (1.20 ac.) of Lands of Newton Enterprises, LLC in Valencia County. The move-to place of use and well are on land owned by Jerzy Karol Chrzanowski and Malgorzata Chrzanowski and are located approximately 0.20 mi. northeast of the intersection of NM Hwy. 304 and Ricardo Rd. near Casa Colorada at 7 Peace Ln. in Belen, NM 87002.

This Application is filed to make temporary Application No. (SD-10121 into RG-A0773)-T filed on September 14, 2022, under the Water-Use Leasing Act, NMSA 1978, Sections 72-6-1 through 72-6-7, a permanent transfer.

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 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 Office of the State Engineer, 5550 San Antonio Dr. NE, Albuquerque, NM, 87109, on or before January 6, 2023. 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.