NOTICE is hereby given that on December 28, 2022, New Mexico Institute of Mining and Technology (NM Tech), contact Alex Garcia, 801 Leroy Place, Socorro, NM 87801, and Al Bergman, PO Box 30, Lemitar, NM 87823 filed with the STATE ENGINEER Application No. (RG-5276 into SP-5202)-T for Permit under Water-Use Leasing Act (NMSA 1978, §72-6-1 through §72-6-7) to temporarily Change Point of Diversion and Place and Purpose of Use from Ground Water to Surface Water within the Rio Grande Basin, in the State of New Mexico.

Socorro 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 El Defensor Chieftain.

The applicants propose to temporarily discontinue 50.421 acre-feet of consumptive use groundwater per annum from the following five (5) wells owned by NM Tech described as: RG-5276 POD1 (Bushman Well), located at a point where X=323,867.901 and Y=3,771,190.876; RG-5276 POD2 (Research Lab Well), located at a point where X=323, 872 and Y-3,771,178; RG-5276 POD3 (Holms Well), located at a point where X=323,706.702 and Y=3,771,305.827; and RG-5276 POD4 (Lattman Well), located at a point where X=323,273.597 and Y=3,771,131.879, all in UTM (NAD83) Zone 13N, meters in the Socorro Grant, and RG-5276 POD5 located in NE¼ NE¼ SE¼ of Section 4, Township 3 South, Range 1 West, NMPM, for domestic, irrigation, educational, recreational, institutional, and research uses on 25,600 acres of land owned by NM Tech, described as follows: all or parts of Sections 19, 20, 31, 32, and 33, Township 2 South, Range 1 West, all or parts of Sections 11, 12, 26, 27, 33, 34, 35, and 36, Township 2 South, Range 2 West, all or parts of Sections 1, 2, 3, 5, 8, 9, 11, 12, 13, 14, 15, 21, and 24, Township 3 South, Range 2 West, all or parts of Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, and 33, Township 3 South, Range 1 West, NMPM, Socorro, Socorro County, New Mexico.

The applicants further propose to temporarily commence the farm delivery requirement of 72.03 acre-feet of surface water per annum inclusive of a consumptive use of 50.421 acre-feet per annum, from the Lemitar Lateral ditch, with a point of diversion located at the San Acacia Diversion Works (SP-1690-4) of the MRGCD, located at a point where X=326,225 and Y=3,792,219, UTM (NAD83) Zone 13N, meters, in the Sevilleta Grant for the irrigation of 24.01 acres of land owned by Al Bergman, described as Tracts 154A, 155, 156B1B of MRGCD Map 153 and all or portions of Tracts 44B and 43B of MRGCD Map 154, within Sections 1, 2, 11, and 12, Township 2 South, Range 1 West, NMPM, location approximately 0.1 mile east of Calle de Lemitar and County Road 91, Lemitar, Socorro County, New Mexico.

This application is filed under the Water-Use Leasing Act, NMSA 1978, §72-6-1 through §72-6-7, and is a temporary change. No new appropriation of water is sought by this application. Application is made for a permit that, if granted, would expire on December 31, 2032. Upon termination or expiration of the desired permit, the subject water right will automatically revert to the original move-from point of diversion, place, and purpose of use.

To view the application and supporting documentation contact the State Engineer District Office to arrange a date and time for an appointment located at the District 1 Office, 5550 San Antonio Dr. 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 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) Detriment; if detriment, 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 State Engineer, 5550 San Antonio Dr. NE, Albuquerque, NM 87109, on or before Friday, March 31, 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. A copy of the written protest filed with the State Engineer must also be sent to the applicant by certified mail. 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 January 26, 2023 and February 2 & 9, 2023