NOTICE is hereby given that on December 15, 2022, Zephyr Management, LLC, 1600 Luisa St., Suite 1, Santa Fe, NM, 87505, and Edward and Cora Hernandez, 525 Ft. William St., Hutto, TX, 78634, filed with the STATE ENGINEER Application No. (SD-09969 into RG-1920-A)-T for Permit under Water-Use Leasing Act (NMSA 1978, Sections 72-6-1 thru -7) to temporarily change Point of Diversion and Place and Purpose of Use from Surface Water to Groundwater from the Rio Grande Basin of the State of New Mexico. Preliminary Authorization was requested and granted on January 6, 2023.

Valencia County and Sandoval 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 co-applicants propose to temporarily discontinue (until December 1, 2024) the diversion and use of a farm delivery requirement (FDR) of 6.453 acre-feet per year of surface water, inclusive of a consumptive irrigation requirement (CIR) of 4.517 acre-feet per year, from the Middle Peralta Acequia, 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 2.151 acres of land owned by Charles and Martha Strickland. The move-from land is described as Lot 3 Lands of Charles R. Bowen and Doris Bowen, found on MRGCD Map 70, within Section 24, Township 7 North, Range 2 East NMPM. This move-from land is generally located approximately 0.15 mile northeast of the intersection of Don Jacobo Rd. and Valencia Rd., Valencia County, New Mexico.

The co-applicants further propose to transfer the consumptive use of the above-described water right, being 4.517 acre-feet per year, to well RG-1920 POD2, located at a point where Latitude= 35° 34′ 35.7″ N and Longitude= 106° 20′ 3.7″ W, WGS84, for irrigation and commercial purposes specifically described as outdoor and indoor greenhouse use within 9.21 acres of land owned by Zephyr Management, LLC, described as Tract 13A of MRGCD Map 3, within Sections 31 & 32, Township 16 North, Range 6 East NMPM. This move-to land is generally located approximately 450 feet southwest of the intersection of NM State Road 22 and Carros de Caballos, Sandoval County, New Mexico.

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 March 17, 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 19, 26 January, 2 February, 2023

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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.