NOTICE is hereby given that on November 15, 2022, Taylor R. Ortiz, PO Box 1855, Belen, NM 87002, and Wilmer and Consie Gabaldon, 75 Square Deal Road, Belen, NM, 87002 filed with the STATE ENGINEER Application No. (SD-09638-A into RG-13361-A)-T for Permit under Water-Use Leasing Act (NMSA 1978, §72-6-1 through §72-6-7) to temporarily Change Point of Diversion and Place and Purpose of Use from Surface Water to Groundwater and payback water 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 temporarily discontinue the farm delivery requirement (FDR) of 8.637 acre-feet of surface water per annum (AFA), inclusive of a consumptive use (CU) of 6.045 AFA, from the Belen Canal, with a point of diversion on the Rio Grande at the Isleta Diversion Dam located at a point where X=346,037 meters, Y=3,863,880 meters, UTM Zone 13N, NAD83, on land owned by the Pueblo of Isleta, for the irrigation of 2.879 acres of land described as Tract 36A1A1B2, MRGCD Map 87 owned by Wilmer and Consie Gabaldon, located within Section 19, Township 6 North, Range 2 East, NMPM. These move-from lands are generally located 0.2 miles Northwest of the intersection of Square Deal Rd. and Seabell Rd., Belen, Valencia County, New Mexico.
The applicants further propose to temporarily commence the diversion of the 6.045 AFA, from existing, permitted well RG-13361 POD2 which is located at a point where X=339,179 meters, Y=3,884,917 meters, UTM Zone 13N, NAD83, on land owned by Taylor R. Ortiz, Dani Marie Ortiz, and Joseph C. Hazle, for commercial outdoor and indoor greenhouse irrigation within 5.15 acres of land described as Tract C, Lands of Robert M. and Irene J. Lee, and Tracts 12B2A1 and 12D2A1A, MRGCD Map 87, located within Section 20, Township 6 North, Range 2 East, NMPM. The move-to place of use and move-to well are generally located 0.2 miles west of the intersection of NM Hwy 314 and Guinea Rd, Los Chavez, Valencia County, New Mexico.
This application is filed under the Water-Use Leasing Act, NMSA 1978, §72-6-1 through §72-6-7, and is a temporary change. No new appropriation of water is sought by this application. This lease will also serve to pay back water previously diverted from RG-13361 POD2 without benefit of a water right transfer permit.
Application is made for a permit that, if granted, would expire on November 15, 2023. Upon termination or expiration of the desired permit, the subject water right will automatically revert to the original move-from point of diversion, place, and purpose of use.
To view the application and supporting documentation contact the State Engineer District Office to arrange a date and time for an appointment located at the District 1 Office, 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, 5550 San Antonio Dr. NE, Albuquerque, NM 87109, on or before Friday March 3, 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. 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.
Published in the Valencia County News-Bulletin 29 December, 2022, 5, 12 January 2023,
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.