Legal Notices-Non-government

(SD-03847-A into RG-10260 POD3, RG-82157 and RG-93792)-T, for a Permit under the Water Use Leasing Act (NMSA 1978, Sections 72-6-1 to 72-6-7), to Temporarily Change the Point of Diversion and Change the Place of Use from Surface Water to Groundwater, being the diversion of 195.996 acre-feet per annum (afa) Farm Delivery Requirement (FDR), inclusive of a Consumptive Use (CU) of 137.1972 afa, within the Middle Rio Grande Water Basin, of the State of New Mexico.

Valencia and Socorro Counties 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 Valencia County News-Bulletin (Valencia County) and in the in the El Defensor Chieftain (Socorro County).

The co-applicants propose to temporarily discontinue (commencing on a date of approval from the State Engineer and ending June 30, 2024), the diversion of 195.996 acre-feet per annum (afa) Farm Delivery Requirement (FDR) of surface water, inclusive of a Consumptive Use Irrigation (CIR) of 137.1972 afa, for the irrigation of 65.332 acres of land, owned by the George and Ruth Atkinson Trust, described as Tract 82A2 (0.27 acre), located on MRGCD Map No. 99, and Tract 1A1B (pt. of 1A1, 0.241 ac.), Tracts 2A, 2B, 2C, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 3E, 3F, 3G, 4B, 5B, 6A1B, 6A2, 6B, 7 , 8 (re-platted as Tract A, 32.945 ac.), Tract C (2.905 ac.), Tract E (19.242 ac.), Tracts 4A, 5A, 6A1A (3.01 ac.), Tracts 1C2 and 1A3A (6.96 ac.), all located on MRGCD Map No. 102, within Sections 16, 20 and 21, Township 5 North, Range 2 East, NMPM, irrigated from the Old Jarales Acequia, with a point of diversion on the Rio Grande at the at the Isleta Diversion Dam (SP-1690-3), on land owned by the Pueblo of Isleta, located within the Pueblo of Isleta Grant, within 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 13N, NAD 1983. The move-from tracts of land are generally located South of East River Road and West of the Lower Belen Riverside Drain and East of the Old Jarales Acequia, Belen, Valencia County, New Mexico.

The co-applicants further propose to transfer said 195.996 acre-feet per annum farm delivery requirement (FDR), inclusive of a consumptive use (CIR) of 137.1972 acre-feet per annum, to three permitted wells; RG-10260 POD3, on land owned by Mesa Verde Farms, LLC., located on MRGCD Map No. 104, within Tract 36A5A (within the replat of the north portion of Tract 1, Boundary Survey Plat of Lands of Les Gibson), at a point described as 106°47’25.0″West Longitude and 34°37’49.9″ North Latitude, WGS84, and RG-82157 POD1 (supplemental to well RG-10260 POD3), on land owned by Mesa Verde Farms, LLC., located on MRGCD Map No. 109, within the northerly portion of Tract 3, Boundary Survey of the Lands of Les Gibson, at a point described as 106°47’28.5″ West Longitude and 34°35’14.3″ North Latitude, WGS84, and RG-93792 POD1 (supplemental to wells RG-10260 POD3 and RG-82157 POD1), on land owned by Mesa Verde Farms, LLC., located on MRGCD Map No. 113, within Tract 4, Lands of Les Gibson, at a point described as 106°48’03.0″ West Longitude and 34°33’29.0″ North Latitude, WGS84, all located within the Belen Land Grant, within Valencia County, for the irrigation of 837.8344 total acres of land, owned by Mesa Verde Farms LLC., described as the north portion of

Tract 1, Boundary Survey Plat of Lands of Les Gibson, located on MRGCD Map No. 104, consisting of approximately 170.2196 acres, excepting out Tract 104A1A1, located on 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; and Tract 104A1A-R, located on MRGCD Map Nos. 104 and 105, consisting of approximately 9.2252 acres, as shown on the exempt replat described above, and the

south portion of Tract 1, Boundary Survey Plat of Lands of Les Gibson, located on MRGCD Map 105, consisting of approximately 120.7644 acres, and Tract 2, Boundary Survey Plat of Lands of Les Gibson, located on MRGCD Map No. 108, consisting of approximately 121.0865 acres, and the north portion of Tract 3, Boundary Survey Plat of Lands of Les Gibson, located on MRGCD Map No. 109 and 112, consisting of approximately 109.7401 acres, and the south portion of Tract 3, Boundary Survey Plat of Lands of Les Gibson, located on MRGCD Map 112, consisting of approximately 29.4776 acres, and Tract 122A2, located on MRGCD Map 114, consisting of approximately 0.84 acre, and Tract 122B located on MRGCD Map 114, consisting of approximately 0.83 acre, and

Tract 4, Boundary Survey Plat of Lands of Les Gibson, located on MRGCD Map No. 113, consisting of approximately 309.3777 acres. The tracts and acreage described are all located within the Belen Land Grant, within Valencia and Socorro Counties, New Mexico. The move-to wells and move-to tracts of land are generally located east of the Belen Highline Canal and west of Interstate 25 South, extending approximately 6.4 miles, from South of Brown Drive to just South of the Valencia and Socorro County line, 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) 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 December 28, 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.