NOTICE is hereby given that on August 12, 2021, the City of Rio Rancho (“City”), c/o Jim Chiasson, P.E., 3200 Civic Center Circle NE, Rio Rancho, NM 87144, and co-applicant Donnie J. Davenport and Marilyn F. Davenport Revocable Trust, c/o Suzanne Smith, Agua Caliente LLC, 524 Hwy. 408, Lemitar, NM 87823, filed Application No. SD-09648 into RG-6745 et al. with the STATE ENGINEER for Permit to Change Point of Diversion, Place, and Purpose of Use from Surface to Ground Water, and on the same day filed companion leaseback Application No. (RG-6745 et al. into SD-09648)-T with the STATE ENGINEER for Permit to temporarily retain the water rights at the surface place of use for a period of ten (10) years, within the Rio Grande Underground Water Basin of the State of New Mexico.

Sandoval, Bernalillo, Valencia, and Socorro 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 Rio Rancho Observer, Albuquerque Journal, Valencia County News-Bulletin, and the El Defensor Chieftain.
The applicants propose to discontinue the use of a farm delivery requirement of 118.05 acre-feet per annum (“AFA”) of surface water, inclusive of a consumptive irrigation requirement (“CIR”) of 82.635 AFA, from the Lemitar Lateral with a point of diversion on the Rio Grande at the San Acacia Diversion Dam (SP-1690-4), on land owned by MRGCD, at a point where X=326,225 meters and Y=3,792,219 meters intersect, UTM Zone 13N, NAD 1983, for the irrigation of 39.35 acres of land described as Tracts 3B1 (0.17 acres), 4A (0.18 acres), 5A1A (17.36 acres), 5A1B (0.05 acres), 6 (14.78 acres), 7A1A1 (6.517 acres), and 7A1A2 (0.293 acres), all within Section 1, Township 2 South, Range 1 West, NMPM, on MRGCD Map 153. The move-from lands are owned by Donnie J. Davenport and Marilyn F. Davenport Revocable Trust, and generally located west of the Rio Grande, approximately one half mile northeast of the intersection of Calle de Lemitar and Hwy 480, near Lemitar, Socorro County, New Mexico.

The applicants further propose to transfer the above-described CIR water rights to the City of Rio Rancho’s wells permitted under RG-6745 et al., consisting of 35 existing and proposed system production wells, all located on land owned by the City of Rio Rancho, within Sandoval County, for municipal and related purposes of use within the service area (owned by numerous owners) of the City of Rio Rancho Municipal Water System, as currently configured, and as to be configured in the future.

Diversion of water under City of Rio Rancho’s permit RG-6745 et al. shall not exceed 24,020.16 AFA for domestic, commercial, industrial, housing subdivision, and related purposes of use within the service area of the Rio Rancho Municipal Water System. No increase in diversion is contemplated by the transfer of water rights under this application. This application is made for the purpose of complying with the Conditions of Approval of Permit No. RG-6745 et al., which requires the City of Rio Rancho to offset the impacts of groundwater pumping on surface flows of the Rio Grande and its tributaries.

Under companion Application No. (RG-6745 et al. into SD-09648)-T, the applicants request that the water rights transferred be temporarily retained at their original move-from location for irrigation use for a period of ten (10) years from the approval of the transfer by the State Engineer, subject to the approval by the State Engineer, by reason that the water rights are not immediately needed for the exercise of Permit RG-6745 et al.

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, or email 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 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 Drive NE, Albuquerque, NM 87109-4127, on or before November 26, 2021. 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. 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.

Observer: October 3, 10, 17, 2021

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