NOTICE is hereby given that on February 22, 2021, Annie Marie Koontz, John Courtney Koontz, and Lakes on the Chama Home Owners Association, PO Box 1132, Chama, NM 87520, filed with the STATE ENGINEER Application No. SD-03092-9 for Permit to Change Purpose of Use, Place of Use, and Point of Diversion of Surface Water within the Rio Chama Basin, a tributary of the Rio Grande, in the State of New Mexico.

Rio Arriba is the County 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 Grande Sun.

The Applicant proposes to change the purpose of use, place of use, and point of diversion (POD) for SD-03092-9. The purpose of use will change from irrigation to recreation. The place of use will change from fields on the western bank of the Rio Chama near the Village of Chama to ponds on the eastern bank directly across from the move-from fields. All move-from and move-to lands are located in projected Sections 13 and 24 of Township 31 N Range 3 E. The move-from lands are identified as 10.1 acres of Tract 9B on Map 1 of the Rio Chama Village Section of the Rio Chama Hydrographic Survey. The move-from POD is located at X = 359,589 and Y = 4,085,532 meters NAD83 UTM. The proposed points of diversion are located at respective longitudes and latitudes: -106.5756, 36.9012, -106.573, 36.8954, and -106.575, 36.894 decimal degrees WGS84. Two PODs are located on an unnamed tributary of the Rio Chama and one POD is located directly on the Rio Chama. All irrigation on the move-from 10.1 acres will cease if the application is approved. The purpose of this application is to cover the evaporation of three existing unpermitted ponds. This application will fully cover the evaporation of two ponds and partially cover the evaporation of the third pond. The Applicant will be filing additional applications to cover any remaining evaporation and to temporarily move additional water rights to cover the initial fill volume of the ponds.

To view the application and supporting documentation, contact the State Engineer District VI Office at (505) 827-6120 to arrange a date and time for an appointment. The District VI Office is located in Suite 102 of the Bataan Memorial Building at 407 Galisteo St., in Santa Fe, NM.

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 at the District 6 Office or sent by mail to PO Box 25102, Santa Fe, NM 87504, on or before June 4, 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, 505-827-6682. 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 April 15th, 22nd & 29th, 2021)


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