Legal Notices-Non-government

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 of up to 78.76 acre-feet per annum for Domestic and Public Utility Water Supply/Housing purposes from a groundwater point of diversion permitted under RG-43542, located at a point where x = 349,471 m and y = 3,846,998m, UTM Zone 13N, NAD83, on land sold to New Mexico Water Service Company pending approval from the New Mexico Public Regulation Commission. This well shall be renumbered to RG-01811 POD 24.

The applicants further propose to add the above-described well as an additional point of diversion for up to 100 acre-feet per annum of water permitted under RG-1811 et al, with existing points of diversion described as follows:

OSE Well No. RG-1811, located at a point where x = 341,911 m, y = 3,835,466 m,
OSE Well No. RG-1811 POD5, located at a point where x = 342,100 m, y = 3,835,729 m,
OSE Well No. RG-1811 POD6, located at a point where x = 342,776 m, y = 3,835,421 m,
OSE Well No. RG-1811 POD7, located at a point where x = 350,398 m, y = 3,843,466 m,
OSE Well No. RG-1811 POD8, located at a point where x = 347,530 m, y = 3,843,273 m,
OSE Well No. RG-1811 POD9, located at a point where x = 356,781 m, y = 3,846,515 m,
OSE Well No. RG-1811 POD10, located at a point where x= 354,348 m, y = 3,846,961 m,
OSE Well No. RG-1811 POD11, located at a point where x= 351,781 m, y = 3,846,803 m,
OSE Well No. RG-1811 POD12, located at a point where x= 349,631 m, y = 3,846,830 m,
OSE Well No. RG-1811 POD13, located at a point where x= 356,109 m, y = 3,843,449 m,
OSE Well No. RG-1811 POD14, located at a point where x= 340,641 m, y = 3,834,194 m,
OSE Well No. RG-1811 POD16, located at a point where x= 356,333 m, y = 3,827,533 m,
OSE Well No. RG-1811 POD17, located at a point where x= 342,201 m, y = 3,835,630 m,
OSE Well No. RG-1811 POD18, located at a point where x = 336,562 m, y =3,829,704 m,
OSE Well No. RG-1811 POD 20, located at a point where x=343,156 m, y = 3,836,801 m,
OSE Well No. RG-1811 POD21, located at a point where x= 345,883 m, y = 3,844,582 m,
OSE Well No. RG-1811 POD22, located at a point where x= 346,500 m, y = 3,844,973 m,
OSE Well No. RG-1811- POD23, located at a point where x=342,334 m, y = 3,840,428 m.

All coordinates given are in UTM Zone 13N, NAD 83, located in Tome Grant, Valencia County, New Mexico. All wells are located on lands owned by applicant and the water from said wells is to be used for domestic, commercial, irrigation, industrial and OSE residential purposes and those related to serving New Mexico Water Service Company customers, including but not limited to those located within areas and subdivisions in the Rio Communities, Rio del Oro, Rio Grande Estates, Canyon del Rio, Eastland Hills, Cypress Gardens, Rio Grande Industrial Park and their vicinity in Valencia and Socorro Counties, which are located within the general area between the Rio Grande River and the Manzano Mountains, with a northern border approximately 3 miles south of Peralta and a southern border approximately 5 miles south of the City of Belen.

Diversion of water from wells RG-1811, RG-1811-S-2 through S-10, and RG-1811-S-12 through S-16 combined under this permit shall not exceed a total of 10,800 acre-feet per annum. The State Engineer approved New Mexico Water Service Company’s existing RG-1811 et al permit for the diversion of 10,800 acre-feet per annum on February 1, 1988. Water diversion varies from year to year and will increase over time until diversion of water from all combined wells reaches a maximum of 10,800 acre-feet per annum. The 10,800 acre-feet per annum includes presently vested and permitted rights owned by New Mexico Water Service Company. This application is filed to fulfill conditions of approval of the permit and no increase in the diversion or consumptive use amounts is requested.

Furthermore, the applicants included the following statements:

“This application is filed for an additional point of diversion for RG-01811 et al., water rights held by the New Mexico Water Service Company (NMWSC), a public utility. NMWSC requests to divert up to 100 acre-feet per annum of its RG-1811 et al. water rights from an existing well currently with file No. RG-43542. NMWSC and Monterey Water Company (Larry Caid) entered into an Asset Purchase Agreement whereby NMWSC, subject to New Mexico Public Regulation Commission (NMPRC or Commission) approval, will acquire the Monterey Water Company utility assets including the well associated with RG-43542. NMWSC will not purchase the water rights held by Larry Caid under RG-43542, just the physical well and associated infrastructure. NMWSC hereby applies to use RG-43542 as a supplemental well for NMWSC’s RG-1811 water rights up to 100 acre-feet per annum for the purpose of serving the Monterey Water customers which will become NMWSC customers following NMPRC approval of an application filed with the Commission on January 26, 2023.

Larry Caid will retain all water rights associated with the water right RG-43542 but not the right to divert from RG-43542. NMWSC will only acquire the well. Following approval by the NMPRC, NMWSC will interconnect its utility system (Which includes RG-1811 and points of diversion) with the Monterey Water system. Once that is accomplished, NMWSC with only use the RG-43542 well as backup emergency supply.

Emergency authorization is requested pursuant to NMSA 72-12-24 as set forth in the Affidavit of Cynthia Apodaca, NMWSC General Manager, submitted with this application as Exhibit B.”

To view the application and supporting documentation contact the State Engineer District 1 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, 5550 San Antonio Dr. NE, Albuquerque, NM 87109, on or before June 9, 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.