NOTICE is hereby given that on September 23, 2021, N.M Ranch Properties, Inc., Mark Kossler, Agent, 8 Upham Rd., Truth or Consequences, NM 87901, filed Application No. RG-73319 with the STATE ENGINEER for Permit to Change the Point of Diversion of Groundwater within the Rio Grande Underground Water Basin within the State of New Mexico.

Sierra 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 Sierra County Sentinel (Sierra County) and El Defensor Chieftain (Socorro County).

The applicant proposes to discontinue the use of 60.8 acre-feet per annum of groundwater from existing declared well RG-73319, for livestock and ranch related operation purposes. Said well is located within the Pedro Armendariz Grant, within the projected NE¼ SW¼ SW¼ of Section 35, Township 10 South, Range 2 West, NMPM, at a point described in feet, NM State Plane (NAD83), located where X=751,000 and Y=872,450 intersect, and more generally located approximately 15.25 miles north of Engle, Sierra County, New Mexico, on land owned by N.M Ranch Properties, Inc. The place of use is on lands owned by N.M Ranch Properties, Inc., described as located within Townships 9 South and 10 South, Ranges 1 West and 2 West, within Sierra County and Socorro County, New Mexico.

The applicant further proposes to drill and commence use of replacement well RG-73319 POD2, completed with an 8-inch casing, to an approximate depth of 400 feet, located within 100-feet of existing well RG-73319, on land owned by N.M Ranch Properties, Inc. There will be no change to the place of use. Existing declared well RG-73319 will be plugged. Said declared well has failed and cannot be repaired.

No new appropriation of water is requested by this application. The applicant requested and has been granted an Emergency Authorization to drill and commence use of the replacement well under Section 72-12-22, NMSA, 1978, stating that an emergency situation exists in which the delay caused by publication and hearing would result in the loss of water needed by livestock and serious economic loss to N.M Ranch Properties, Inc.

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 having 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). 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 must show how you will be substantially and specifically affected. The written protest must be filed, in triplicate, with the State Engineer, District 1 Office, 5550 San Antonio Drive NE, Albuquerque, NM 87109, by January 14, 2022. 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,
District 1 Office, (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 December 2, 9 & 16, 2021