NOTICE is hereby given that on November 15, 2023, applicant Lonnie Wade Orr, 73 Bowman Ln., Lemitar, NM 87823, filed with the STATE ENGINEER Application No. (SD-09290 into RG-4BA) into SP-05213 for Permit to Change Point of Diversion and Place and Purpose of Use from Ground Water to Surface Water within the Rio Grande Underwater 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.

The applicant proposes to discontinue the diversion of 30.01 acre-feet per year Consumptive Use (CU) of ground water for irrigation, commercial, drip irrigation and greenhouse purposes from well RG-4-B. The current well location is described as: Well RG-4-B, owned by the applicant, located in Section 23, Township 1 South, Range 1 West, NMPM, Socorro County, New Mexico at a point where Latitude = 34° 12′ 59″ N and Longitude = -106° 54′ 27.57″ W, on the southern portion of tract 149B1, MRGCD Map 150. The well location is generally located southeast of the corner of NM Highway 408 and Canal Road, within the Village of Polvadera. Water is beneficially used within 14.29 acres of land described as a portion of Tract 2A1, MRGCD Map 151. The move-from place of use is owned by the applicant and is generally located on the east side of Highway 408, at the corner of Community Road, within the Village of Polvadera, Socorro County, New Mexico.

The applicant further proposes to begin the diversion of 42.87 acre-feet per year Farm Delivery Rate (FDR) inclusive of a Consumptive Use (CIR) of 30.01 ac-ft/year, of surface water for the irrigation of 14.29 acres of land located within the northern portion of Tract 12B1A2A1B, MRGCD Map No. 151, owned by the applicant within projected Section 25, Township 1 South, Range 1 West, NMPM, from the Socorro Main Canal, with a point of diversion on the Rio Grande at the San Acacia Diversion Works (SP-1690-4), on land owned by the Middle Rio Grande Conservancy District (MRGCD), located within the Sevilleta Grant, within projected SW¼ NE¼ NE¼ of Section 1, Township 1 South, Range 1 West, NMPM, at a point where X=326,225 meters and Y=3,792,219 meters intersect, UTM Zone 13N, NAD 1983. The move-to land is generally located approximately 0.3 mile south of the corner of Highway 408 and Bowman Lane, Socorro County, New Mexico.

Furthermore, the applicant included the following statement:

“More water is available than needed at this place of use. Applicant is seeking to move a portion of the rights to a farm that is ‘dry’. The remaining 10.708 acre-feet will be used within 20.139 acres of Tract 2A1, Map 151.”

To view the application and supporting documentation contact the State Engineer District 1 Office 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, District 1 Office, located at 5550 San Antonio Drive NE, Albuquerque, NM 87109-4127, on or before Friday, March 15, 2024. 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 January 18 & 25, 2024 and February 1, 2024