Notice is hereby given that on April 14, 2009, NMSHTDINMDOT, CIO Baxter Kirkland, P.O. Box 580, Rye, CO 81069, filed Application No. RG-37326 and RG-37327 into RG91398 (T) with the STATE ENGINEER for Pennit to Change Location of Well within the Rio Grande Underground Water Basin in the State of New Mexico.
The applicant proposes to temporarily discontinue the diversion of 29.0 acre feet from declared wells RG-37326 and RG-37327 located within the NE1/4 of NE1/4 of Section 27, Township 10 North, Range 07 West, NMPM, for highway maintenance, rest area use, construction, and related purposes on land owned by the New Mexico State Highway Department, generally located at the rest stop approximately two miles east of San Fidel on 1-40 in Cibola County, New Mexico.
The applicant proposes to temporarily transfer said water for a period of not more than two years to existing well RG-9l338 drilled approximately 300 feet deep with 6-inch casing located at a point described as 350º 94' 52.10 Latitude, 107º 35' 23.67 Longitude, Cibola County, New Mexico on land owned by Helen Otero for the 1-40 bridge reconstruction (project No. CN2763A) of the Acomita rest stop interchange at Mile Marker 102. The well is generally located along 1-40 near Mile Marker 100. Said rights will revert back to the origin upon completion of project.
Any person or other entity shall have standing to file an objection or protest if they object that the granting of the application will: (1) Be detrimental to the objector's water right; or (2) Be contrary to the conservation of water within the state or detrimental to the public welfare of the state, provided that the objector shows how they will be substantially and specifically affected by the granting of the application.
A valid objection or protest shall set forth the grounds for asserting standing and shall be legible, signed, and include the complete mailing address of the objector. An objection or protest must be filed with the state engineer not later than 10 calendar days after the date of the last publication of this notice. An objection or protest may be mailed to the Office ofthe State Engineer, 121 Tijeras NE, Suite 2000, Albuquerque, NM 87102-3465, or faxed to 505/764-3892 provided the original is hand-delivered or postmarked within 24 hours after transmission ofthe fax. The State Engineer will take the application up for consideration in the most appropriate and timely manner practical.
Published in the Cibola County Beacon June 16, 23, 30, 2009. Invoice #10466