NOTICE is hereby given that on August 22, 2017 and updated on August 21, 2019, Siri Marka S. and Dharam Dev K. Khalsa, 8846 Saturn St., Los Angeles California c/o Hari Nam Simran K. Khalsa, 167 State Road 399, Espanola, New Mexico 87532, filed as co-applicants, Application No. SD-02416-41H (Subfile 2.16), with the OFFICE OF THE STATE ENGINEER for Permit to Change Place of Use of Surface Water in the Upper Rio Grande Basin.

The Applicants seek a Permit to Change the Place of Use of 1.4 acre-feet per annum (afa) of water from the move-from place of use of 0.5 acre of land, used for irrigation purposes, from SD-02416-41H (Subfile 2.6), the Acequia de La Mesilla Ditch of the Santa Cruz Stream System, Tributary of the Rio Grande. The point of diversion is located at a point where X=563,480 feet and Y=1, 813,970 feet, NM State Plane NAD83, Central Zone. The 0.5 acre move-from place of use is owned by Albert Jiron, and located on Tract 16, Santa Cruz Hydrographic Survey Map, sheet 2, generally described as being located west of State Road 399, off of private drive 1145, Rio Arriba County, New Mexico.

The move-to place of use is 0.50 acres of land within a 1.16 acre tract, described as Tract A-1. Tract A-1 is located on Tracts 18 and 20, of the Santa Cruz Hydrographic Survey Map sheet 3. The point of diversion will not change. The continued purpose of use for the diversion amount of 1.4 afa will be for the irrigation of 0.5 acres of land. The subject 0.5 acre move to place of use will be split into two 0.25 acre parcels located on Tract A-1 and described as follows:

0.25 acre bound by the east of Tract A-1

Corner Latitude Longitude

NE Corner 35.960688


NW Corner 35.960722


SE Corner 35.960206


SW Corner 35.960310


0.25 acre bound by the west of Tract A-1

Corner Latitude Longitude

NE Corner 35.960901


NW Corner 35.961047


SE Corner 35.960447


SW Corner 35.960522


on property owned by Siri Marka S and Dharam Dev K Khalsa and generally described as being located at 167 State Road 399, on the east side of La Mesilla Ditch, and approximately 400 feet south of private drive 1135, in Rio Arriba County, New Mexico. The Acequia de La Mesilla has agreed to the transfer as required by NMSA 1978, Sec. 73-2-21 (e).

To view the application and supporting documentation contact the State Engineer District Office to arrange a date and time for an appointment located District VI, Bataan Memorial Building, 407 Galisteo Street, Room 102, Santa Fe, NM 87504-5102. The point of diversion, and the places of use described in this application are located in Rio Arriba County.

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 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 Office of the State Engineer – District VI, Bataan Memorial Building, Room 102, PO Box 25102, Santa Fe, NM 87504-5102, 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) 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 on: March 19, 26 & April 2, 2020)


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