NOTICE is hereby given that on August 2, 2022, Christopher Lynn Boykin and Toni Lynn Boykin, 119 San Acacia Rd, San Acacia, NM 87831 and 39 Canter Lane, LLC, 8700 Everton Ave. NE, Albuquerque, NM 87111, Agent: WaterBank, 610 Gold Ave SW Suite 111, Albuquerque, NM 87102, filed Application No. SD-09736 into RG-95792 with the STATE ENGINEER for Permit to Change Point of Diversion, Place and Purpose of Use from Surface Water to Groundwater within the Rio Grande Basin of the State of New Mexico.

Valencia and Socorro Counties are the counties 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 Valencia County News-Bulletin and The El Defensor Chieftain.

The applicants propose to discontinue the farm delivery requirement (FDR) of 14.882 acre-feet per annum (afa) inclusive of a consumptive irrigation requirement (CIR) of 10.417 afa from the San Acacia Lateral with a point of diversion off the Rio Grande at the San Acacia Diversion Dam (SP-1690-4), on land owned by MRGCD, at a point where X = 326,225 meters & Y = 3,792,219 meters, Zone 13, UTM (NAD83) for the irrigation of 4.9608 acres of land, described as part of Tract 3-B (2.015 acres), Tract 11 (0.3495 acre), Tract 12 (0.2995 acre), part of Tract 13 (0.3095 acre), part of Tract 14 (0.7895 acre), part of Tract 15 (0.1094 acre), Tract 16 (0.6394 acre), Tract 17 (0.2294 acre), the Tract of land East of Tract 14 (0.1000 acre), and the Tract of land West of Tract 17 (0.1196 acre), on MRGCD Map 147, owned by Christopher Lynn Boykin and Toni Lynn Boykin. The move-from land is generally located 0.52 mile East of Exit 163 on I-25, San Acacia, Socorro County, New Mexico.

The applicants further propose to commence the above-described water right of 10.417 afa consumptive use, from Well No. RG-95792, located at a point where latitude = 34° 33′ 7.8″ North and longitude = 106° 46′ 7.5″ West, WGS84, for irrigation and commercial purposes associated with indoor and outdoor greenhouses use, within 18.199 acres of land described as Tract 1, Lands of Loretta Manning, on MRGCD Map 114. The move-to well and place of use are on land owned by 39 Canter lane, LLC, and generally located 0.4 mile East of the intersection of Canter Lane and Highway 346, Belen, Valencia County, New Mexico.

This Application is filed to make temporary Application No. (SD-09736 into RG-95792)-T filed on May 2, 2022 under the Water-Use Leasing Act, NMSA 1978, Sections 72-6-1 through 72-6-7 a permanent transfer.

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 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 Office of the State Engineer, 5550 San Antonio Dr. NE, Albuquerque, NM, 87109, on or before November 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.

Published in the El Defensor Chieftain on September 15, 22 & 29, 2022