NOTICE is hereby given that on March 15, 2021 Duke City Redi-Mix, LLC, c/o Miles Shiver III, 7711 Broadway Blvd SE, Albuquerque, NM 87105 and Rock and Rail, LLC, c/o Henry Smith, 3601 Pan American NE #111, Albuquerque, NM 87107 filed Application No. (RG-71810-A into RG-96399)-T with the STATE ENGINEER for Permit to Temporarily Change Place of Use and Point of Diversion of Groundwater within the Rio Grande 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.
The applicants propose to temporarily discontinue the consumptive use (cu) of 20.0 acre-feet per annum (afa) from well RG-71810 POD1 located at a point where latitude = 34° 49′ 30.73″ and longitude = -106° 51′ 39.25, for industrial, commercial, gravel pit operations, and redi-mix concrete production purposes, within 60.55 acres described as part of the San Clemente Grant and part of projected Sections 17 and 20, Township 7 North, Range 1 East, NMPM, on land owned by Huning Limited Liability Limited Partnership. The move-from land is generally located 5.5 miles west of the intersection of I-25 and Hwy 6 and 0.6 mile north of Hwy 6 in Valencia County.
The applicants further propose to commence and temporarily transfer said 20.0 afa cu, from well no. RG-96399 located at a point where latitude = 34° 48′ 41.9″ and longitude = -106° 52′ 58.4″, for sand and gravel washing, dust abatement, and related purposes, within approximately 243 acres described as part of the San Clemente Grant and part of Sections 18 and 19, Township 7 North, Range 1 East, on land owned by Rock and Rail, LLC. The move-to land is generally located 7.0 miles west of the intersection of I-25 and Hwy 6 and 1.0 mile north of Hwy 6 in Valencia County.
This Application is filed under the Water-Use Leasing Act, NMSA 1978, Sections 72-6-1 through 72-6-7.
Application is made for a permit that, if granted, would expire on December 31, 2030. 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 SD-04234-A into RG-71810.
To view the application and supporting documentation contact the State Engineer District 1 Office to arrange a date and time for an appointment at (505) 383-4000 located at 5550 San Antonio Drive NE, Albuquerque, NM, 87109.
Any person, firm or corporation or other entity having 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). 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 must show 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 July 16, 2021. 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 timely protest or objection is filed, the State Engineer will evaluate the application in accordance with the Water-Use Leasing Act.
Published in the Valencia County News-Bulletin on
May 13, 20, & 27, 2021