NOTICE is hereby given that on March 17, 2021, New Mexico Institute of Mining and Technology (“NM Tech”), contact Alex Garcia, 801 Leroy Place, Socorro, NM 87801, and Filbert Chavez and Lucy Chavez, 438 County Road 1, Socorro, NM 87801, filed with the STATE ENGINEER Application No. (RG-5276 into SD-04621)-T-3 for Permit to Temporarily Change Point of Diversion and Change Place and Purpose of Use from Groundwater to Surface Water within the Rio Grande Stream System of the State of New Mexico under Water Use Lease, NMSA 1978 72-6-1 through 72-6-7.
Socorro County is the County affected by the diversions 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.
Under this application, per lease agreement under NMSA 1978 Sections 76-6-1 to -7, the applicants propose to temporarily discontinue for a period of ten (10) years, 122.037 acre-feet of consumptive use groundwater per annum from the following five (5) existing 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 the 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, and 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, for a period of ten (10) years, the farm delivery requirement of 174.34 acre-feet of surface water per annum inclusive of a consumptive irrigation requirement of 122.037 acre-feet per annum, from the Lemitar Lateral, with a point of diversion located at the San Acacia Diversion Works (SP-1690-4) of the MRGCD, located at a point where X=307,602.3 and Y=1,185,295, NM State Plane (NAD83), feet, in the Sevilleta Grant for the irrigation of 58.113 acres of land owned by Filbert Chavez and Lucy Chavez, described as Tracts 27B (4.42 acres), 28 (3.64 acres), 30C (4.09 acres), 32A1 (1.42 acres), 32A2 (1.42 acres), 32A3 (1.42 acres), 32B2B (5.213 acres), and parts of Tracts 36 (4.59 acres), 37A (1.21 acres), 38 (4.58 acres), 39 (7.00 acres), 40 (2.91 acres), 41 (2.20 acres), and 42 (14.00 acres), all on MRGCD Map 154, within Sections 11 and 12, Township 2 South, Range 1 West, NMPM, located approximately 0.1 mile south of the intersection of Calle de Lemitar and Severo Vigil Street, Lemitar, Socorro County, New Mexico.
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 March 31, 2031. Upon termination or expiration of the desired permit, the subject water right will automatically revert to the move-from place of use pursuant to the applicable provisions in that permit.
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 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 Drive NE, Albuquerque, NM 87109, on or before Friday, June 25, 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 in the El Defensor Chieftain on April 29, 2021 and May 6 & 13, 2021