Details for NOTICE is hereby given that on July 19, 2018, Niagara
NOTICE is hereby given that on July 19, 2018, Niagara Bottling, LLC., 2560 E. Philadelphia St. Ontario, CA 91761, c/o John W. Utton, Esq., Utton & Kery, P.A., PO Box 2386, Santa Fe, NM 87504 and the Public Service Company of New Mexico, c/o Mike Greene, PNM Resources, Mail Stop Z120, 2401 Aztec NE Building A, Albuquerque, NM 87107 and The Village of Los Lunas, Gregory D. Martin, Village Administrator, PO Box 1209, Los Lunas, NM 87031, c/o Laurence P. Guggino, Jr., Esq., Griego & Guggino, PO Box 2430, Los Lunas, NM 87031 filed Application (RG-50 and RG-440 into RG-17065 Enlrg.)-T with the STATE ENGINEER for a Permit to Temporarily Change Point of Diversion and Purpose and Place of Use from Groundwater to Groundwater, within the Rio Grande Underground Water Basin, State of New Mexico. The co-applicants propose to temporarily discontinue (for a period of 4 years, commencing on August 1, 2018 and ending on February 28, 2022, and subject to two applicable three-year lease extensions), under the Water Use Lease, NMSA 1978 72-6-1 to 72-6-7) the consumptive use amount of 228 acre-feet per annum of groundwater under License No. RG-50 and RG-440, from three wells owned by the Public Service Company of New Mexico, for industrial purposes related to electrical power, all located on lands owned by the Public Service Company of New Mexico, within the Rio Grande Underground Water Basin. Said wells are described as RG-440, located at a point described as X=354,445 meters and Y=3,893,035 meters, UTM Zone 13 North, NAD 83, within the NW¼ SE¼ NW¼ of Section 23, Township 11 North, Range 3 East, NMPM, and RG-440 S-2, located at a point described as X=353,970 meters and Y=3,893,036 meters, UTM Zone 13 North, NAD 83, within the SW¼ SW¼ NW¼ of Section 23, Township 11 North, Range 3 East, NMPM, within the Reeves Generating Station, and RG-50 CLW, located at a point described as X=350,165 meters and Y=3,877,178 meters, UTM Zone 13 North, NAD 83, within the SW¼ NE¼ NE¼ of Section 8, Township 9 North, Range 3 East, NMPM, within the Rio Bravo (also known as the Delta/Person) Generating Station, Bernalillo County, New Mexico. The co-applicants further propose to temporarily transfer the 228 acre-feet per annum consumptive use licensed groundwater rights to the Village of Los Lunas wells permitted under RG-17065-Enlrg., consisting of 5 existing system production wells and one proposed new well. The five existing wells are described as RG-17065 located at a point described as X=338,305.4 meters and Y=3,852,183.4 meters, RG-17065-S located at a point described as X=341,180.2 meters and Y=3,852,940.1 meters, RG-17065-S-2 located at a point described as X=339,266.6 meters and Y=3,854,556.6 meters, RG-17065-S-3 located at a point described as X=339,916.5 meters and Y=3,856,244.8 meters, RG-17065-S-4 located at a point described as X=338,377.2 meters and Y=3,853,956.8 meters, UTM Zone 13 North, NAD 83, all located on lands owned by the Village of Los Lunas, and the proposed well described as X=338,599 meters and Y=3,854,659 meters, UTM Zone 13 North, NAD 83, is located on land currently owned by Los Morros Business Park, all of which are within Valencia County, for municipal, industrial and commercial purposes of use within the service area (owned by numerous owners) of the Village of Los Lunas Municipal Water System. This application does not seek to increase the total diversion amount of 6,320.5 acre-feet per annum already permitted under the Village of Los Lunas permit, but is only for the purpose of offsetting the effect of groundwater diversions under Permit RG-17065-Enlrg. The co-applicants request the temporary transfer of the subject water rights under License No. RG-50 and RG-440, under the Water Use Lease pursuant to NMSA 1978 §72-6-1 to §72-6-7. Niagara Bottling, LLC., has a signed water rights lease agreement with the Public Service Company of New Mexico, in the amount of 228 acre-feet per annum consumptive use. Upon termination, reduction in the amount of the lease or final expiration of the lease and/or all renewal terms, the subject water rights shall revert back to their original points of diversion, place and purpose of use. 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, 5550 San Antonio Drive NE, Albuquerque, NM 87109, within ten (10) days after the date of the last publication of this Notice. Facsimiles (faxes) will be accepted as a valid protest as long as 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. Published in the Valencia County News-Bulletin on September 13, 20 & 27, 2018.