NOTICE is hereby given that on April 18 and April 27, 2023, Burlington Northern Santa Fe Railway Company, Contact: Brian Large, 4200 Deen Road, Fort Worth, Texas 76106, filed with the STATE ENGINEER Application No. RG-69127 et al & RG-73269-Combined, for Permit to Change Point of Diversion of Groundwater within the Rio Grande Underground 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.
Under this application, the applicant proposes to discontinue the diversion of 50.0 acre-feet per annum (afa) from declared well RG-69127, located at a point where latitude=34°29’45.7" N and longitude=106°36’54.1" W, and permitted well RG-69127-S, located at a point where latitude=34°29’45.9" N and longitude=106°36’53.2" W, (WGS84), for railroad and related purposes. Both wells are owned by the applicant and further described as located on railroad right-of-way, approximately 0.2 mile east of where the Burlington Northern Santa Fe (BNSF) tracks cross Tierra Grande Loop Road, near Becker, within Valencia County, New Mexico.
The applicant also proposes to discontinue the diversion of 250.0 afa from declared well RG-73269, located at a point latitude = 34°29’45.9" N and longitude=-106°36’52.2" W, (WGS84), for construction and railroad and purposes. Said well is owned by the applicant and further described as located on railroad right-of-way, approximately 0.3 mile east of where the BNSF tracks cross Tierra Grande Loop Road, near Becker, within Valencia County, New Mexico.
The applicant further proposes to combine the above-described diversions and commence the diversion of 300 afa from proposed new well RG-73269 POD2, to be drilled to an approximate depth of 530 feet with an outside diameter well casing of 10.5 inches, at a point where latitude = 34°29’45.3" N and longitude=-106°36’51.9" W (WGS84), for construction and railroad related purposes. The proposed well will be located within 100 feet of existing well RG-73269, which is to be plugged.
This application was filed with a request for emergency authorization under Section 72-12-22 NMSA. Said request was approved on April 28, 2023.
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) 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 Office of the State Engineer, District 1 Office, located at 5550 San Antonio Drive NE, Albuquerque, NM 87109-4127, on or before November 27, 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 21st, 28th September, 5th October, 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.