NOTICE is hereby given that on December 27, 2023, Chacon Family Trust, 118 46th St SW, Albuquerque, NM 87105, and SSPS 5801 Bobby Foster, LLC, 1438 North Gower St, Building 16, 2nd Floor, Los Angeles, CA 90028 (both applicants c/o WaterBank, 610 Gold Avenue SW, Suite 111, Albuquerque, New Mexico, 87102), filed with the STATE ENGINEER Application No. SD-09707 into RG-A1576-A for Permit to Change Point of Diversion and Place and Purpose of Use from Surface Water to Ground Water from the Rio Grande Basin of the State of New Mexico.

Bernalillo County, and Socorro County 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 diversion of a farm delivery requirement (FDR) of 6.0 acre-feet per year of surface water, inclusive of a consumptive irrigation requirement (CIR) of 4.2 acre-feet per year from the San Juan Acequia, with a point of diversion on the Rio Grande at the Isleta Diversion Dam of the MRGCD, on land owned by the Pueblo of Isleta, at a point where X = 346,037 and Y = 3,863,880 meters, UTM Zone 13N, NAD83, for the irrigation of 2.0 acres of land described as a Tract 21B, MRGCD Map 122, located within projected Section 7, Township 3 North, Range 2 East, NMPM. The move-from land is owned by Martin T. Black, with the water rights being retained by Chacon Family Trust and is generally located approximately 0.4 miles west of the intersection of NM Highway 304 and Ranchitos Rd., Socorro County, New Mexico.

The applicants further propose to begin the diversion of 4.2 acre-feet per year Consumptive Use (CU) from proposed domestic well RG-A1576, owned by SSPS 5801 Bobby Foster, LLC, estimated to be drilled to 450 feet with a 4.5-inch casing, at a point where X = 350,062 meters and Y = 3,873,860 meters intersect, UTM Zone 13N, NAD83, for commercial use specifically described as a film/movie industry facility to be used within 29.3319 acres described as Parcel A-2, Valley View Industrial Park, located within Section 20, Township 9 North, Range 3 East, NMPM.. The move-to land is owned by SSPS 5801 Bobby Foster, LLC and is generally located approximately 0.56 miles southeast of the intersection of Broadway Blvd SW and Bobby Foster Rd SW, Bernalillo 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 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, District 1 Office, located at 5550 San Antonio Drive NE, Albuquerque, NM 87109, on or before Friday, March 22, 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 Chief tain on February 8, 15 & 22, 2024