NOTICE is hereby given that on January 4, 2021, Diamondback Properties, LLC, Agent: Chris Sichler P.O. Box 66, San Antonio, NM 87832, filed Application No. RG-278 POD2, with the STATE ENGINEER for Permit to Change Point of Diversion of Groundwater within the Middle Rio Grande Underground Water Basin of 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 applicant proposes to drill and commence the use of well RG-278 POD2, approved under emergency authorization in accordance with §72-12-22 NMSA, to be drilled to a depth of approximately 250 feet, with a casing diameter of 18 inches, on land owned by the applicant, to be a replacement well within 100 feet of existing permitted well RG-278 located at a point where Latitude = 33°57’1.72″ North and Longitude = 106°51’26.15″ West, WGS84, at the Northwest corner of Tract 2-B, for the continued combined diversion of up to 422.148 acre-feet per annum, for irrigation purposes on 140.716 acres of land of which 46.936 acres are further described as Tracts 2-B (9.355 ac), 2-C (5.113 ac), 22-A (5.073 ac), 22-B (5.264 ac), 22-C (4.439 ac), 22-D (4.843 ac), 22-E (4.879 ac), 22-F-1 (4.240 ac), and 22-F-2-A (3.730 ac) MRGCD Map 170, owned by the applicant, and 93.78 acres further described as Parcels 1 (35.332 ac), 2 (29.572 ac) & 3 (28.876 ac), Property of Sichler Trust (formerly Tracts 22-F-2-B, 33-A, 33-B, 33-C, 33-D , 33-E 33-F, 34 and 35) MRGCD Map 170, owned by Cynthia J. Pierson, Ernest F. Sichler III and Teresa A. Chavez and leased by the applicant.

The proposed well no. RG-278 POD2 and place of use are located approximately 2 miles northeast of the intersection of Interstate 25 and US-380 near San Antonio in Socorro County, New Mexico. The original well no. RG-278 will be plugged. The applicant states a replacement well (RG-278 POD2) is needed because the original permitted well RG-278 is sanding up and is not yielding enough irrigation water to cover listed acreage. Said proposed well will supplement water supplied through the works of the MRGCD. No new appropriations are requested under this application.

To view the application and supporting documentation contact the State Engineer District Office to arrange a date and time for an appointment located at 5550 San Antonio Drive NE, Albuquerque, NM 87109-4127.

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 State Engineer, 5550 San Antonio Drive NE, Albuquerque, NM 87109-4127, by April 23, 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 valid protest or objection is filed, the State Engineer will evaluate the application in accordance with the provisions of Chapter 72 NMSA 1978.

Published by El Defensor Chieftain on February 18 & 25, 2021 and March 4, 2021

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