NOTICE is hereby given that on December 1, 2022, co-applicants R&S Investments of New Mexico, LLC, PO Box 1962, Los Lunas, NM 87031, and Rey D. & Sonia Garcia, PO Box 1962, Los Lunas, NM 87031, filed with the STATE ENGINEER Application No. SD-09949, for a Permit to Change the Place of Use of Surface Water within the Middle Rio Grande Water Basin of 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 applicant proposes to discontinue the diversion of 6 acre-feet per year Farm Delivery Requirement (FDR) of Surface Water, inclusive of a Consumptive Use (CIR) of 4.2 ac-ft/year, from the Valencia Acequia, with a point of diversion on the Rio Grande at the Isleta Diversion Dam (SP-1690-3), on land owned by the Pueblo of Isleta, located within the projected NE¼ NE¼ SW¼ of Section 24 Township 8 North, Range 2 East, NMPM, at a point where X=346,037 meters and Y=3,863,880 meters intersect, UTM Zone 13 North, NAD 83, for the irrigation of 2.0 acres of land described as Tract 1A of the Replat of Lands of Aragon, MRGCD Map No. 76, owned by R&S Investments of New Mexico, LLC, within Section 35, Township 7 North, Range 2 East, NMPM. The move-from land is generally located approximately 200 feet southwest of the corner of El Cerro Loop and Kelly Lane, Valencia County, New Mexico.

The applicant further proposes to transfer 6 acre-feet per year (ac-ft/year) Farm Delivery Requirement (FDR) of Surface Water, inclusive of a Consumptive Use (CIR) of 4.2 ac-ft/year, for the irrigation of 2 acres of land located within the southwestern portion of Tract 9B, MRGCD Map No. 116, owned by Rey D. & Sonia Garcia within projected Section 29, Township 4 North, Range 2 East, NMPM, from the San Juan Canal, with the same point of diversion on the Rio Grande being the Isleta Diversion Dam (SP-1690-3). The move-to land is generally located approximately 0.45 mile southwest of the corner of Highway 304 and Highway 346, Valencia County, New Mexico.

To view the application and supporting documentation, contact the State Engineer District 1 Office at 505-383-4000, to arrange a date and time for an appointment. The District 1 Office is located at 5550 San Antonio Drive 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 the 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 Office of the State Engineer, District 1 Office, located at 5550 San Antonio Drive NE, Albuquerque, NM 87109-4127, on or before Friday, May 26, 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 6, 13, 20 April, 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.