NOTICE is hereby given that on April 20, 2023, co-applicants Matthew & Emily Brewer, 293 Sandia Rd. NW, Albuquerque, NM 87107, and Jared & George De La Cruz, 36 Tome Vista Dr., Los Lunas, NM 87031, filed with the STATE ENGINEER Application No. RG-96128 POD2 into RG-41698-A for Permit to Change Point of Diversion and Place and Purpose of Use within the Rio Grande Underwater Basin of the State of New Mexico.
Bernalillo County and Valencia 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 Albuquerque Journal and the Valencia County News-Bulletin.
The applicants propose to discontinue the diversion and use of 0.4071 acre-feet per year of ground water inclusive of a Consumptive Use amount (CU) of 0.2849 acre-feet per year from permitted well RG-96128 POD2 owned by Matthew and Emily Brewer. The move-from point of diversion location is described as: Well RG-96128 POD2, located in Section 33, Township 11N, Range 3E, NMPM, Bernalillo County at a point where Latitude = 35o 8′ 29.1″ N and Longitude = 106o 38′ 12.9″ W. The move-from land is 0.1357 acres of land owned by Matthew and Emily Brewer, described as a portion of Lot 96, Los Alamos Addition on MRGCD Map 32. The move-from land is generally located approximately 0.2 mile east of the corner of 4th St NW and Sandia Rd. NW in Albuquerque, NM.
The applicants further propose to transfer the above-described water right to permitted well RG-41698 POD1, owned by George De La Cruz, for commercial use specifically described as outdoor and indoor greenhouses. The move-to point of diversion location is described as: Well RG-41698 POD1, located in Section 33, Township 6N, Range 2E, NMPM, Valencia County at a point where X = 341,158 meters and Y = 3,842,234 meters intersect, UTM Zone 13N, NAD 1983. The move-to land is 0.5485 acres of land owned by George De La Cruz, described as Lot 28, Block 1, Los Ranchitos Subdivision on MRGCD Map 93. The move-from land is generally located approximately 0.25 mile northwest of the corner of NM Highway 47 and Jardin Rd. near Adelino, NM.
To view the application and supporting documentation contact the State Engineer District I Office to arrange a date and time for an appointment. The District I 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 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 87109-4127, on or before Friday, August 11, 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 15th, 22nd, 29th June, 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.