NOTICE is hereby given that on October 17, 2022, Kay Rivers and Miguel Gallegos, c/o WaterBank®, 610 Gold Ave SW, Suite 111 Albuquerque, NM 87102, filed with the STATE ENGINEER Application No. (SD-09364-A into RG-81316-A)-T for Permit to Temporarily Change Point of Diversion, Place and Purpose of Use from Surface Water to Groundwater within the Rio Grande Underground Basin of the State of New Mexico.
Valencia County and Bernalillo 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.
The applicants propose to temporarily discontinue the diversion and use of a farm delivery requirement (FDR) of 3.6972 acre-feet per annum of surface water, inclusive of a consumptive irrigation requirement (CIR) of 2.5880 acre-feet per annum, from the New Belen Acequia, with a point of diversion on the Rio Grande at the Isleta Diversion Dam (SP-1690-3), on land owned by Isleta Pueblo, at a point where X = 346,037 meters and Y = 3,863,880 meters intersect, UTM Zone 13N, NAD 1983, for the irrigation of 1.2324 acres of land owned by Kay Rivers, described as Tract A, Lands of Arthur Crownover, on MRGCD Map 69. This move-from land is generally located 0.25 miles west of the intersection of NM Highway 314 and Crownover Road, Los Lunas, NM.
The applicants further propose to temporarily transfer the above-described water right to well RG-81316, located at X = 366,857 and Y = 1,446,834 NAD83, for commercial uses specifically described as being indoor and outdoor greenhouses within 5.30 acres, described as the eastern portion of Tract 28A, on MRGCD Map 56, within Section 26, Township 9 North, Range 2 East, NMPM. The move-to land and move-to well are on land owned by Miguel Gallegos. This move-to land is generally located at 6500 Isleta Blvd. SW, Albuquerque, NM 87103.
This Application is filed under the Water-Use Leasing Act, NMSA 1978, Sections 72-6-1 through 72-6-7.
Application is made for a permit that, if granted, would expire on November 1, 2024. Upon termination or expiration of the desired permit, the subject water right will automatically revert to the move-from place of use pursuant to the applicable provisions in that permit.
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, at 5550 San Antonio Dr. NE, Albuquerque, NM 87109, on or before January 19, 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 24 November, 1, 8 December, 2022
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.