NOTICE is hereby given that on September 1, 2023, Larry S. Tapia, 9914 AA 4th Street, Albuquerque, New Mexico, 87114, and co-applicants Patrick and Katherine Lynn, PO Box 1040, Placitas, New Mexico, 87043, c/o WaterBank, 610 Gold Ave. SW, Suite 111, Albuquerque, New Mexico 87102 filed with the STATE ENGINEER Application No. RG-A0236-B into RG-87353-A for Permit to Change Point of Diversion, Place, and Purpose of Use of Groundwater within the Middle Rio Grande Basin, in the State of New Mexico.

Socorro, Valencia, Bernalillo, and Sandoval 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 El Defensor Chieftain, Valencia County News-Bulletin, and the Albuquerque Journal.

The co-applicants propose to permanently discontinue the diversion of 1.42 acre-foot per annum (afa) Farm Delivery Requirement (FDR), inclusive of a 1.0 afa Consumptive Irrigation Requirement (CIR) of groundwater from existing, permitted well RG-A0236 POD1, located at the intersection of Latitude 34º 30′ 15.56″ N and Longitude 106º 47.6′ 6.78″ W (WGS84), owned by Larry S. Tapia, for irrigation and commercial use on 15.829 acres of land owned by Larry S. Tapia, described as Tracts 2A, 2B, and 3, MRGCD Map 122, located within Section 12, Township 3 North, Range 1 East, NMPM. The move-from lands and move-from well are generally located northwest of the intersection of Albert Miranda Rd. and Canal Rd., Veguita, Socorro County, New Mexico.

The co-applicants further propose to commence the diversion of 1.0 afa Consumptive Use (CU) of groundwater from existing, permitted domestic well RG-87353 POD1, located at the intersection of Latitude 35º 18′ 32.7″ North and Longitude -106º 26′ 2.9″ West (WGS84), owned by Patrick and Katherine Lynn, for commercial, vineyard, and drip irrigation use on 2.16 acres of land owned by Patrick and Katherine Lynn, described as 621 Highway 165, Placitas, New Mexico, located within SE¼ NE¼ SW¼ Section 32, Township 12 North, Range 5 East, NMPM. The move-to place of use and move-to well are generally located 0.15 miles NE of the intersection of NM Highway 165 and Camino Corto Lane, Placitas, Sandoval County, New Mexico.

To view the application and supporting documentation contact the State Engineer District Office to arrange a date and time for an appointment located at the District 1 Office, 5550 San Antonio Dr. NE Albuquerque, NM 87109.

Upon action, this application is set to terminate and permanently replace the two-year temporary lease and transfer of the same subject water rights under pending Application No. (RG-A0236-B into RG-87353-A)-T, filed on April 18, 2023.

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. NE, Albuquerque, NM 87109, on or before December 8, 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. A copy of the written protest filed with the State Engineer must also be sent to the applicant by certified mail. 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 October 12, 19 and 26, 2023