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 8.25 acre-feet per annum (afa) of surface water, inclusive of a consumptive irrigation requirement of 5.775 afa, from the La Constancia Ditch, with a point of diversion located at the Isleta Diversion Works (SP-1690-3) located a point where latitude = 34.905692° N and longitude = -106.685229° W (WGS84), on land owned by the Pueblo of Isleta and leased to MRGCD, used for the irrigation of 2.75 ac. of land owned partially by Roseanna McGinn, described as pt. of Tr. 43C1A1A (0.42 ac.) and pt. of Tr. 43C1A2A (1.77 ac.), and partially owned by La Constancia Farms Ag Produce, LLC, described as pt. of Tr. 1 (0.56 ac.) of Lands of Phyllis H. Smith. All the move-from tracts are located on MRGCD Map 99, in the southern half of Section 16, Township 5 North, Range 2 East, NMPM.

The applicants further propose to transfer the consumptive use portion (5.775 afa) of the above-stated right to wells no. RG-A1548-POD1, located on land owned by Roseanna McGinn, at a point where latitude = 34.661274° N and longitude = 106.738883° W, WGS84, and RG-A1548-POD2, located on land owned by Roseanna McGinn, at a point where latitude = 34.660658° N and longitude = 106.739970° W, WGS84, for irrigation, commercial, and fire suppression purposes on 7.79 ac. of land owned partially (6.82 ac.) by Roseanna McGinn, described as Tr. 43B1 (0.47 ac.), Tr. 43B2 (2.49 ac.), Tr. 43C1A1A (0.86 ac.) and Tr. 43C1A2A (3.00 ac.), and partially owned by La Constancia Farms Ag Produce, LLC described as Tr. 1 (0.97 ac.) of Lands of Phyllis H. Smith. All the move-to tracts are located on MRGCD Map 99, in the south half of Section 16, Township 5 North, Range 2 East, NMPM.

The subject-move from and move-to lands lie directly west of State Highway 47 about 0.5 mile north of the intersection of Highway 309 and Highway 47 just east of the Rio Grande and the City of Belen.

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 January 24, 2024. 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.