NOTICE is hereby given that on June 14, 2022 co-applicants, Castillo Ready Mix Concrete, Inc., Contact: Richard Castillo, P.O Box 640, Belen, NM 87002, and Handley Dairy, a New Mexico General Partnership, Contact: David Handley, 1134 NM Hwy. 304, Veguita, NM 87062, filed with the STATE ENGINEER Application No. (SD-02965 & RG-18377 et. al., into RG-99299 POD1)-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 and Purpose of Use of Groundwater, being the diversion of 12.14 acre-feet per annum (afa) Consumptive Use, within the Middle Rio Grande Water Basin, of the State of New Mexico. A preliminary authorization was requested and granted.
Socorro County is the New Mexico 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 El Defensor Chieftain.
The co-applicants propose to discontinue the diversion/consumptive use amount of 12.14 acre-feet per annum of groundwater, for dairy and related operation purposes within 17.3117 acres of land, owned by Handley Dairy, described as located within Tract B, also called the “Dairy Tract” of the Exempt replat of Land of David and Audrey Handley and Land of Handley Dairy, comprising part of Tracts 49, 50 and 51 on MRGCD Map 123 and an unnumbered 10 acre tract located east of the MRGCD service area, within projected Section 18, Township 3 North, Range 2 East, NMPM, from two wells described as, RG-18377, located at a point where X=337,503 meters and Y=3,817,451 meters and from RG-18377-S, located at a point where X=337,810 meters and Y=3,817,184 meters UTM Zone 13 North, NAD 83, on land owned by Handley Dairy, within the Casa Colorado Grant, within Veguita, Socorro County, New Mexico. The move-from wells and move-from place of use are generally located on the East side of NM Highway 304, South of Carlos Martinez Rd., and North of Martino Rd., Veguita, Socorro County, New Mexico.
The co-applicants further propose to transfer the consumptive use amount of 12.14 acre-feet per annum of groundwater to well RG-99299 POD1 (drilled and completed on July 16, 2021, under Exploratory Permit No. RG-99299 Explor.), on land owned by Richard Castillo, located at a point where X=338,144.61 meters and Y=3,816,542.61 meters, UTM Zone 13 North, NAD 83, within the Belen Claim and the Casa Colorado Grant, within projected Section 20, Township
3 North, Range 2 East, NMPM, drilled to a depth of 410 feet, with a 14-inch casing, for commercial gravel quarry operation purposes within 201.6499 acres total, owned by Richard Castillo, within the Belen Claim and the Casa Colorado Grant described as 145.7658 acres being Tract A of Plat showing Split of Land of Joe T. and Celia B. Milavec Grandchildren Trust, Plat Book AA, Page 821 and Amended Plat Book AA, Page 906, within projected Section 17, Township 3 North, Range 2 East, NMPM, and 55.8841 acres being Parcel A of Plat showing Split of Land of Donald Fate Plat Book AA, Page 657A, within projected Sections 17 and 20, Township 3 North, Range 2 East, NMPM. The move-to well and move-to place of use are generally located within 1 mile southeast of the intersection of NM Highway 304 and Carlos Martinez Rd., Veguita, Socorro County, New Mexico.
The subject consumptive use water rights were Dedicated from SD-02965 to RG-18377 et. al., under Permit No. SD-02965-Amended and RG-18377 et. al., approved on December 23, 1985.
Separate, pending Application No. SD-02965 & RG-18377 et. al., into RG-99299 POD1 (for the permanent transfer of the same subject water rights), was filed with the State Engineer on February 8, 2022 and amended on February 21, 2022. The Notice for Publication for said application was issued on March 17, 2022 and the protest period ended on May 26, 2022. No protests were filed. Upon final action, said application would terminate and permanently replace the temporary lease and transfer of the same subject water rights filed under Application No. (SD-02965 & RG-18377 et. al., into RG-99299 POD1)-T. This lease will expire on December 31, 2024.
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 October 14, 2022. 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 El Defensor Chieftain on August 11, 18 & 25, 2022