Public Notice

County: SierraPrinted In: Herald (Truth or Consequences)Printed On: 2009/09/26

Public Notice:

LEGAL NOTICENOTICE is hereby given thaton August 11, 2009 Rod andBonnie Hille, Jornanda Water,LLC and Zia Trust, HC 32, Box79, Truth or Consequences,NM 87901, filed ApplicationNo. LRG-4918 into RG-38267-T with the STATE ENGINEERfor Temporary Permit toChange Location of Well andPlace and/or Purpose of Use inthe Rio Grande UndergroundWater Basin in the State ofNew Mexico.The co-applicants propose todiscontinue the irrigation of47.619 acres of land, locatedwithin the SE 1/4 of Section 21,Township 14 South, Range 2West, NMPM, and the diver-sion of 100 acre-feet per an-num of groundwater, from wellsLRG-4918 and LRG-4918-S,located within the NE 1/4 NW1/4 SW 1/4, Section 21, Town-ship 14 South, Range 2 West,NMPM, on land owned by ZiaTrust, Sierra County, NewMexico. Said rights were adju-dicated on October 23, 1997,by the Seventh Judicial DistrictCourt of New Mexico underJudgment No. CV-96-048-SIE.The co-applicants further pro-pose to transfer the 100 acre-feet of consumptive-use right todeclared well RG-38267, lo-cated in the SW 1/4 SW 1/4SW 1/4 of Section 17, Town-ship 14 South, Range 2 West,N.M.P.M., Sierra County, NewMexico, for a period of ten yearperiod, on land owned by Rodand Bonnie Hille, to lands com-promising 18,304.45 acresowned by the State of NewMexico, State Land Office de-

scribed as; Parts of Section 24,Sections 25 and 36 inclusive,Township 15 South, Range 2West, N.M.P.M.; Section 16and Sections 21 through 23 in-clusive, Township 16 South,Range 2 West, N.M.P.M.; Sec-tions 16 through 20 inclusive,parts of Sections 21 and 28,Sections 29 through 33 inclu-sive, Township 15 South,Range 1 West, N.M.P.M.; Partsof Sections 2 through 5 and 9,Sections 16 and 27 inclusive,Township 16 South, Range 1West, N.M.P.M.; Lots 1 and 2,Section 6, Township 16 South,Range 1 West, N.M.P.M.; N 1/2of Section 8, Township 16South, , Range 1 West,N.M.P.M.; SW 1/4 NW 1/4 ofSection 10, Township 16South, Range 1 West,N.M.P.M.; NE 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4 of Section 21,Township 16 South, Range 1West, N.M.P.M.; S 1/2 of Sec-tion 22, Township 16 South,Range 1 West, N.M.P.M.; SW1/4, SW 1/4 NW 1/4 of Section26, Township 16 South, Range1 West, N.M.P.M.; NE 1/4 ofSection 28, Township 16South, Range 1 West,N.M.P.M.; Section 13(excluding deeded land),Township 15 South, Range 2West, N.M.P.M., Sierra County,New Mexico. Water will beused for commercial purposes,specifically related constructionand operational needs toSpaceport America. Said welland place of use is generallylocated northwest of Cutter andthe proposed place of use ex-tends south of Cutter and northof Upham and east of UphamRoad, Sierra County, NewMexico.The Director, Water Rights Di-vision, Office of the State En-gineer, pursuant to 72-6-5NMSA, approved the subjectapplication and issued a permiton August 31, 2009 prior to is-suance of this Notice for Publi-cation because granting theapplication: (1) is in best inter-est of the State of New Mexico;(2) the hydrologic evaluation ofthe application indicated there

would be no impairment to ex-isting water rights; and (3) it isnot contrary to conservation ofwater within the state nor detri-mental to the public welfare ofthe state; and (4) the move-from water rights were deter-mined to be valid.Any person or other entity shallhave standing to file an objec-tion or protest if they object thatthe granting of the applicationwill: (1) Be detrimental to theobjector's water right; or (2) Becontrary to the conservation ofwater within the state or detri-mental to the public welfare ofthe state, provided that the ob-jector shows how they will besubstantially and specificallyaffected by the granting of theapplication.A valid objection or protestshall set forth the grounds forasserting standing and shall belegible, signed, and include thecomplete mailing address ofthe objector. An objection orprotest must be filed with thestate engineer not later than 10calendar days after the date ofthe last publication of this no-tice. An objection or protestmay be mailed to the Office ofthe State Engineer, 121 TijerasNE, Suite 2000, Albuquerque,NM 87102, or faxed to (505)764-3892 provided the originalis hand-delivered or post-marked within 24 hours aftertransmission of the fax. TheState Engineer will take the ap-plication up for consideration inthe most appropriate and time-ly manner practical.Pub: The HeraldReq: Jornada WaterSept. 9, 16, 23, 2009