NOTICE is hereby given that on March 10, 2023, Zia Trust, Inc, c/o Shelley McGuire IRA Officer, as custodian for the Sally M. Olguin Individual Retirement Account, c/o Suzanne Smith, 6301 Indian School Rd NE, Ste 800, Albuquerque, NM 87110, with co-applicant Ray Feldbusch, dba Polar Ice and Water, LLC, c/o Thomas Perez dba Desert Peaks Consulting, LLC, PO Box 167, Fairacres, NM 88033, filed Application No. (SD-04466 into RG-83974) into RG-A1175 with the STATE ENGINEER for Permit to Change Place of Use, Purpose of Use, and Point of Diversion of Groundwater in the Middle Rio Grande Basin of the State of New Mexico.

Sandoval and Socorro 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 Albuquerque Journal and the El Defensor Chieftain.

The applicants propose to discontinue the consumptive use (CU) of 2.00 acre-feet per annum (afa) from well RG-83974-POD1, located at a point where X=434,800 feet and Y=1,594,900 feet, central zone, NM State Plane (NAD27), used for domestic, irrigation, and commercial purposes on 38 acres of land described as a tract of land situated in Section 1, Township 13 North, Range 4 East, NMPM, also described as parcels 1-32, Cottonwood Trail, in the San Felipe Pueblo Grant. The move-from well and land are owned by Steven Barshop and are located approximately 0.30 mi from the intersection of Interstate 25 and County Rd 315 in the town of Algodones, Sandoval County.

The applicants further propose to transfer said water right of 2.00 afa (CU) to proposed well RG-A1175-POD1, to be drilled to a depth of 200 ft, with 4 in casing, and to be located at a point where X=338,140 meters and Y=3,821,748 meters UTM (NAD83), Zone 13N, for commercial purposes on approximately 24 acres of land described as part of the SE¼ of Section 31, Township 4 North, Range 2 East, NMPM. The move-to lands and the location of proposed well RG-A1175 are owned by Sylvester Sisneros Revocable Trust and are located on the east side of NM Hwy 304 approximately 0.40 mile south of the intersection of Wheeler Rd and NM Hwy 304 near Veguita, Socorro County.

To view the application and supporting documentation contact the Office of the State Engineer District Office to arrange a date and time for an appointment at (505) 383-4000, 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) 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 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 87109-4127, on or before Friday June 16, 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. 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 20 & 27, 2023 and May 4, 2023