NOTICE is hereby given that on May 5, 2023, T. Scott Edeal, 147-A Edeal Rd., Los Lunas, NM 87031, and FANME Development LLC, c/o Douglas Ahrens, 141 Roadrunner Parkway, Suite 141, Las Cruces, NM 88011, filed with the STATE ENGINEER Application No. SD-09520-D into RG-A0815 POD1 & POD2 for Permit to Change the Point of Diversion, Place, and Purpose of Use from Surface Water to Groundwater within the Rio Grande Underground Basin in the State of New Mexico.

Socorro and Sierra 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 El Defensor-Chieftain and Sierra County Sentinel.

The applicants propose to discontinue the diversion and use of a farm delivery requirement (FDR) of 54.2859 acre-feet per annum (AFA) of surface water, inclusive of a consumptive irrigation requirement (CIR) of 38.0 AFA, from the San Juan Main Canal, Belen Grant Lateral #1 and #2, with a point of diversion on the Rio Grande at the Isleta Diversion Dam (SP-1690-3), on land owned by Pueblo of Isleta, at a point where X=346,037 meters & Y=3,863,880 meters, Zone 13N, UTM (NAD83) for the irrigation of 18.0953 acres of land, described as part of Tract 46B and 47A, lying west of the San Juan Main Canal (8.46 acres) and west part of Tract 46B (9.6353 acres) on MRGCD Map 126, owned by T. Scott Edeal, and generally located south of the Village of Las Nutrias, and northwest of the intersection of NM Hwy 304 and Vederas Lp, Socorro County, New Mexico.

The applicants further propose to transfer said consumptive use water right of 38.0 AFA to exploratory well RG-A0815 POD1, to be located at a point where X=299,230 meters and Y=3,672,480 meters, and proposed well RG-A0815 POD2 to be located at a point where X=299,280 meters and Y=3,672,230 meters, Zone 13N, UTM (NAD83), both wells to be drilled to an approximate depth of 700 ft. with an 8-inch outside diameter casing, owned by FANME Development, LLC, for domestic and commercial purposes, on ±136.7105 acres of land described as Tract 1 (±115.6923 acres), Tract 2 (±13.035 acres), and Tract 3 (±7.9832 acres), projected in Sections 15, 16, and 21, Township 13 South, Range 3 West, NMPM, owned by FANME Development, LLC. The move-to place of use and move-to wells are generally located east of Elephant Butte Reservoir and north of NM Hwy 51, Sierra County, New Mexico.

To view the application and supporting documentation, contact the State Engineer District 1 Office at (505) 383-4300, to arrange a date and time for an appointment. The District 1 Office is 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) 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 Dr., Albuquerque, NM 87109, on or before Friday, August 4, 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 at (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 June 15, 22 & 29, 2023