NOTICE is hereby given that on December 20, 2022, Ely and Rita Gutierrez, PO Box 292, Jarales, NM 87023, filed with the STATE ENGINEER Application No. SD-10085 for Permit to Change Place of Use of Surface water within the Middle Rio Grande Basin, within 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 3.69 acre-feet per annum of surface water, inclusive of a consumptive irrigation requirement (CIR) of 2.583 acre-feet per annum from the Jarales Ditch, with a point of diversion on the Rio Grande at the Isleta Diversion Dam of the MRGCD, on land owned by the Pueblo of Isleta, at a point where X = 346,037 meters and Y = 3,863,880 meters, UTM Zone 13N, NAD83, for the irrigation of 1.23 acres of land, described as part of Tract 52A of MRGCD Map 110. This move-from land is owned by Ely and Rita Gutierrez, and is located within Section 7, Township 4 North, Range 2 East, Valencia County. The move from location is located south of Jarales, NM.

The applicants further propose to begin the diversion of 3.69 acre-feet per annum FDR, inclusive of 2.583 acre-feet per annum CIR from the same ditch and point of diversion described above, for irrigation use on 1.23 acres of land owned by Ely and Rita Gutierrez, part of Tract A4A (7.3837 ac) of MRGCD Map 108. Valencia County, New Mexico. The move-to location is located approximately at 36 Landess Ln, Jarales, NM.

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) Detriment; if detriment, 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, 5550 San Antonio Dr. NE, Albuquerque, NM 87109, on or before March 31, 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.

Published in the Valencia County News-Bulletin 26 January, 2, 9 February, 2023

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