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 proposes to discontinue the diversion of 20.64 acre-feet per annum (afa) inclusive of a 14.448 afa consumptive irrigation requirement (cir) of ground water from three (3) existing wells: RG-10260-POD 3, located at a point where X=1,479,600 feet and Y= 1,320,580 feet (Lands of Les Gibson, Tract 26A5A); RG-82157, located at a point where X=1,477,530 feet and Y=1,305,550 feet (Lands of Les Gibson, Tract 3 north portion); RG-93792, located at a point where X=1,474,467 feet and Y= 1,294,924 feet (Lands of Les Gibson, Tract 4), all in central zone, NM State Plane Coordinates, NAD 1983, used for irrigation of 893.0544 acres described as 26.74 acres of land described as parts of Tract 35 (3.0 acres), MRGCD Map 104, and parts of Tracts 110B2A (9.0 acres), 104 A1A (6.89 acres), westerly portion of 104A and Tract 24B2 (total 4.05 acres), and 3.80 acres, MRGCD Map 105, all in 837.8344 acres of land described as the north portion of Tract 1, Boundary Survey Plat of Lands of Les Gibson, MRGCD Map 104, consisting of approximately 170.2196 acres, excepting out Tract 104A1A1, MRGCD Map 104 consisting of 34.5567 acres, as shown on the exempt replat of the north portion of Tract 1, Boundary Survey Plat of Lands of Les Gibson recorded by the Valencia County Clerk on September 21, 2006, in Cabinet J, Folio 721; Tract 104A1A-R, MRGCD Maps 104 and 105, consisting of approximately 9.2252 acres, as shown on the exempt replat described above; the south portion of Tract 1, Boundary Survey Plat of Lands of Les Gibson, MRGCD Map 105, consisting of approximately 120.7644 acres; Tract 2, Boundary Survey Plat of Lands of Les Gibson, MRGCD Map 108, consisting of approximately 121.0865 acres; the north portion of Tract 3, Boundary Survey Plat of Lands of Les Gibson, MRGCD Map 109, consisting of approximately 109.7401 acres; the south portion of Tract 3, Boundary Survey Plat of Lands of Les Gibson, MRGCD Map 112 consisting of approximately 29.4776 acres; Tract 122A2, MRGCD Map 114, consisting of approximately consisting of approximately 0.84 acre; Tract 122B MRGCD Map 114, consisting of approximately 0.83 acre; Tract 122C, MRGCD Map 114, consisting of approximately 0.83 acre; and Tract 4, Boundary Survey Plat of Lands of Les Gibson, MRGCD Map 113, consisting of approximately 309.3777 acres. The existing move from wells and move from lands are owned by Mesa Verde Farms, LLC and generally located just west of the Belen exit off of Interstate Highway 25 in Valencia County.

The applicants further propose to commence the temporary diversion of said 20.64 afa of surface water from the Belen Highline Canal via New Belen Wasteway, with the point of diversion on the Rio Grande at the Isleta Diversion Dam (Surface Permit SP 1690-3) located on land owned by Isleta Pueblo and leased to MRGCD at a point where X = 346,037 meters and Y = 3,863,880 meters intersect, UTM Zone 13N, NAD 198, Valencia County, for the irrigation of 6.88 acres of land described as Tr. B-1, Replat of Lands of A A Marr on MRGCD Map 82. The move to lands are owned by Jesse and Abby Eden and generally located 0.33 mi. east of the intersection of Hwy. 47 and Tome Hill Rd. near the Town of Tome, Valencia County.

Application is made for a permit that, if granted, would expire on December 31, 2023. Upon termination or expiration of the desired permit, the subject water right will automatically revert to the move-from place of use and point of diversion pursuant to the applicable provisions in permit RG-10260 et al.

To view the application and supporting documentation contact the Office of the State Engineer District Office to arrange a date and time for an appointment at (505) 383-4000, 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 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 Office of the State Engineer, 5550 San Antonio Dr. NE, Albuquerque, NM, 87109, on or before September 4, 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.