NOTICE is hereby given that on June 1, 2022, July 20, 2022, and August 11, 16, 2022, applicant Brently Levesque, 1180 Lexington Avenue NE, Albuquerque, NM 87112, Agent: WaterBank, 610 Gold Avenue SW, Suite 111, Albuquerque, NM, 87102, filed with the STATE ENGINEER Application No. SD-03095-D into RG-A0679 for Permit to Change Point of Diversion and Purpose of Use of Surface Water of the Rio Grande Stream System to 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.

Under this application, the applicant proposes to discontinue the farm delivery requirement (FDR) of 27.873 acre -feet per annum (afa), inclusive of a consumptive irrigation requirement (CIR) of 19.511 afa, from the San Juan Main Canal, with a Point of Diversion (POD) on the Rio Grande at the Isleta Diversion Works, SP-1690-3, on land owned by the Pueblo of Isleta and leased to the MRGCD, within projected NE ¼ NE ¼ SW ¼ of Section 24, Township 8 North, Range 2 East, NMPM, at a point where X=346,037 meters, Y=3,863,880 meters intersect, UTM (NAD83), Zone 13N, for the irrigation of 9.291 acres of land owned by Brently Levesque, described as Tract 4 of the Lands of Albert Miranda, located on MRGCD Map 122, within Socorro County, New Mexico. This move-from tract is generally located on the west end of Albert Miranda Road, approximately ¾ miles west of NM Highway 304, near Veguita, Socorro County, New Mexico.

The applicant further proposes to transfer the above-described FDR of 27.873 afa, inclusive of a CIR of 19.511 afa, to domestic-livestock well RG-A0679 POD 1, permitted on July 21, 2022, drilled to an approximate depth of 200 to 250 feet, with an outside diameter casing of 6 inches, and located at a point where X=1,478,786 feet, Y=1,274,655 feet intersect, NM State Plane (NAD83), Central Zone, within projected NW ¼ SW ¼ NE ¼ of Section 12, Township 3 North, Range 1 East, NMPM, on land owned by Brently Levesque, described as Tract 4 of the Lands of Albert Miranda, located on MRGCD Map 122, for irrigation, commercial, and indoor and outdoor greenhouse use within the same 9.291 acres of land described above.

To view the application and supporting documentation contact the State Engineer District 1 Office at (505) 383-4000 and 5550 San Antonio Drive NE, Albuquerque, NM, 87109 to arrange a date and time for an appointment.

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 October 28, 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 September 1, 8 and 15, 2022