BEFORE THE NEW MEXICO STATE ENGINEER

Transcription

1 2015 DEe 21 PPl 3 51 BEFORE THE NEW MEXICO STATE ENGINEER OFFlCE OF THE STt:T E ENGINEER HU,;:U'iGS UNIT s,c'.:rr', FE. NM IN THE MATTER OF THE APPLICATION BY ) HU No PUEBLO OF NAMBE, PUEBLO OF POJOAQUE, ) PUEBLO DE SAN ILDEFONSO, PUEBLO OF ) OSE File No: RG-1441-S through TESUQUE, UNITED STATES DEPARTMENT OF ) RG-1441-S-11 into SP-5081 INTERIOR, BUREAU OF INDIAN AFFAIRS, AS ) TRUSTEE FOR PUEBLOS, AND SANTA FE ) COUNTY FOR PERMIT FOR CHANGE OF POINT ) OF DIVERSION AND PLACE AND PURPOSE OF ) USE FROM GROUNDWATER TO SURFACE ) WATER IN THE RIO GRANDE BASIN IN THE ) STATE OF NEW MEXICO ) NOTICE OF PRE-HEARING SCHEDULING CONFERENCE A Scheduling Conference in this matter is set before Hearing Examiner Kevin C. Myers as follows: Date of Conference: Januarv 26, 2016 Time of Conference: Length of Conference: 10:00 a.m. One Hour The conference shall be conducted telephonically. The Hearing Unit will host the call. Applicants and Protestants can participate by calling and entering # when asked to enter the Participant Pass Code. Each party must submit a non-refundable hearing fee of $ The fee must be received by the Hearing Unit on or before January 21, Check or money order should be made out to the New Mexico State Engineer and mailed to the Hearing Unit Administrator, Office of the State Engineer, P. O. Box 25102, Santa Fe, NM or delivered in person to the Hearing Unit Office - Suite 201 of the Lew Wallace Building 495 Old Santa Fe Trail, Santa Fe. Failure to make the fee payment when due will result in dismissal from this matter, and in the Applicant's case, denial of the application. The parties shall be prepared to clarify issues that are in dispute and offer an agreed upon schedule for proceeding to a formal administrative hearing. The rules and regulations governing administrative proceedings before the Hearing Unit, Office of the State Engineer, may be found at NMAC. Forms and instructions for administrative hearings can also be found on our website at STATE ENGINEER HEARING UNIT =~ Paralegal

2 p. ml' 1 el, I 1.J OFF~GE OF THE BEFORE THE NEW MEXICO STATE ENGINEER SY E E G1NEER IN THE MATTER OF THE APPLICATION BY PUEBLO OF NAMBE, PUEBLO OF POJOAQUE, PUEBLO DE SAN ILDEFONSO, PUEBLO OF TESUQUE, UNITED STATES OF AMERICA, DEPARTMENT OF INDIAN AFFAIRS, AS TRUSTEE AND SANTA FE COUNTY FOR PERMIT FOR CHANGE OF POINT OF DIVERSION AND PLACE AND PURPOSE OF USE FROM GROUNDWATER TO SURFACE WATER IN THE RIO GRANDE BASIN IN THE STATE OF NEW MEXICO HU-No. I5-oia'd'. t OSE No. CT-2002 REQUEST FOR PRE HEARING SCHEDULING CONFERENCE 1. Assigned Hearing Examiner: Hearing Examiner not yet assigned. 2. Type of case: Protested 3. Dates of hearings presently set: None. 4. Special matters to be heard upon this request: A Pre-hearing Scheduling Conference to clarify issues, establish discovery and hearing schedule, and explore settlement or mediation. 5. Estimated total time required: 1 hour. 6. Attached is a separate sheet listing name, firm, capacity, address, and telephone number, ifknown, of all other parties entitled to notice. Kris er C. Knutson OS,Administrative Litigation Unit P.O. Box Santa Fe, NM (505) ; (505) Fax Attorney for the Water Rights Division

3 , Kristofer C. Knutson Administrative Litigation Unit Office of the State Engineer P.O. Box Santa Fe, New Mexico (505) kristofer.kn us Attorney for the Water Rights Division APPLICANTS PARTIES ENTITLED TO NOTICE Pueblo of Nambe 15A NP 102 West Pueblo de San Ildefonso 02 Tunyo PO Christopher Banet Department of the Interior Bureau of Indian Affairs Southwest Regional Office 1001 Indian School Road NW Albuquerque, NM Pueblo of Pojoaque 78 Cities of Gold Road Pueblo of Tesuque Route 42, Box 360-T William Walker, Regional Director 1001 Indian School Road, NW Albuquerque, NM PROTESTANTS Robert J. Malone 105 Albright Street, Suite G Taos NM (575) ; (575) fax Robert.malone@taoscounty.org Attorney for Taos County David A. Neal 42 County Road 84B (505) CERTIFICATE Beverly Duran-Cash Tim Cash 24 County Road 84B (505) Juan Montes P.O. Box 855 Questa, NM (575) OF MAILING I certify that a copy of the foregoing Request for Prehearing Scheduling Conference was mailed to the above-mentioned parties on the 18 th d, ecember, 2015,L:7..' tj Ld-/If. ~\~ Roz a A. Bransford 2

4 I... ~. ~. MU\!Stiltl!. ~c." ~ o ~ I. - lalmlalcslr_ C_iSsIeII NEW MEXICO OFFICE OF THE STATE ENGINEER APPLICA TION FOR PERMIT TO CHANGE AN EXISTING WA TER RIGHT (Non ) (check applicable boxes): For fees, see State Engineer website: htto:llwww.ose.state.nm.us [8J Change Purpose of Use 18l Change Point of Diversion (POD): D Additional Groundwater Point of l8l Groundwater o Surface Water From: Diversion (POD) l8l Groundwater D Surface Water [8J Change Place of Use To: o Groundwater [8J Surface Water D Additional Surface Water Point l8l Groundwater o Surface Water of Diversion (POD) o Temporary Change, NMSA 1978, (8) Requested Start Date: Requested End Date: (Not to Exceed 3 ac-ft in One Year) D Water Use Lease, NMSA 1978, to-7 Requested Start Date: Requested End Date: 1. APPLICANT(S) (Required) Note: water-right owner must be listed as an applicant Name: Please see the LIST OF APPLICANTS at Attachment 2 Name: Contact or Agent: check here if Agent 0 Contact or Agent: check here if Agent D Mailing Address: Mailing Address: City: City: State: Zip Code: State: Zip Code: Phone: o Home o Cell Phone: DHome DCeli Phone (Work): Phone (Work): (optional): (optional): 2. CURRENT OSE FILE INFORMATION (Required) OSE File No(s): RG ET AL. Priority Date (if known): 11/ Subtile/Cause No. (if applicable): 28.1 AND 29.1, 72CV09780 RED RIVER 3. CURRENT PURPOSE OF USE AND AMOUNT OF WATER (Required) Domestic 0 Livestock l8llrrigation i Amount of Water (acre-feet per annum): If more details are o Municipal 0 Industrial 0 Commercial : needed, type See Comments" in "Other" field below, and explain o Other Use (specify): _--'- _ in Additional Statements Section. Diversion: Describe a specific use If applicable (i.e. sand & gravel washing, dairy etc): Consumptive Use: 1,752.4 (see, FN1 Other (include units): on Attachment 3) f I " FOR OSE INTERNAL USE Application for Permit, Form wr-06, Rev 9/26/12 ZQ:IIW;V ZIHVrS J~~ile No.: I Trn. No.: I Receipt No.: G - 3 ~(.-'S- ~ Trans Description (optional): I Sub-Basin:.f rm't'/log Due Date: I PBU Due Date: Page 1 of7

5 4, apunt.y WHERE WATER RIGHT IS CURRENTLY USED (Required) " I TAOS COUNTY 5. ADDITIONAL STATEMENTS CONCERNING THE CURRENT WATER RIGHT 1,141.0 AFA consumptive use is from the United States of America, Department of the Interior, Bureau of Indian Affairs, held in trust for the Pueblo of Nambe, Pueblo of Pojoaque, Pueblo de San IIdefonso and Pueblo oftesuque, plus AFA consumptive use is from Santa Fe County; totaling 1,752.4 AFA consumptive use. 6. CURRENT or MOVE-FROM POINT(S) OF DIVERSION (POD) (Required) o Surface POD OR [8] Ground Water POD (Well) Name of ditch, acequia, or spring: Stream or water course: I Tributary of: If application proposes a new point of diversion involving a diversion dam, storage dam, main canal, and/or pipeline, complete Attachment 2. 0 Check here if Attachment 2 is included in this application packet. POD Location Required: Coordinate location must be reported in NM State Plane (NAD 83), UTM (NAD 83), or Latitude/Longitude (LatlLong - WGS84). District II (Roswell) & District VII (Cimarron) customers, provide a PLSS location in addition to above. o NM State Plane (NAD83) (Feet) [8] UTM (NAD83) (Meters) o LatlLong (WGS84) (to the nearest NM West Zone OZone 12N NM East Zone OZone 13N o NM Central Zone 1/10th of second) Provide if known: -Public Land Survey System (PLSS) POD Number (if known): X or Easting or Y or Northing (Quarters or Halves, Section, Township, Range) OR Longitude: or Latitude: - Hydrographic Survey Map & Tract; OR - Lot, Block & Subdivision; OR - Land Grant Name RG-1441-S NE1I4NE1I4NE1/4,12.T2S.R74W RG-1441-S NW114NW114NE114,12.T2S.R74W RG-1441-S NE1/4NW1I4NW1/4,12.T2S.R74W RG-1441-S NE114NE114NE114, 11.T2S.R74W RG-1441-S SElI4SE1I4NE1/4,2.T2S.R74W NOTE: If more PODS need to be described, complete form WR-08 (Attachment 1 - POD Descriptions) Additional point of diversion descriptions are attached: [8] Yes 0 No Ifves, how many 6 - Point of Diversion is on Land Owned by: Sa te Fe Sewn'" New Maxise ~~ N"'fJ.."fA. LLC- -'- ],AJ l4 Other description relating point of diversion to common landmarks, streets, or other: I b-~-\s FOROSE INTERNALUSE Applicationfor Permit,Form wr-06 I File Number: I Trn Number: I Page2of7

6 7. CURRENT or MOVE-FROM PLACE(S) OF USE (Required), The land is legally described by (check all that apply): f8i Public Land Survey System (PLSS) (quarters, section, o Subdivision township, range) o Grant o Irrigation or Conservation District Map [8] Hydrographic Survey Report or Map Complete the blocks below for all tracts of land (more than one description can be provided for a tract if available): PLSS Quarters or Halves, PLSS PLSS PLSS Acres Priority andlor Section Township Range Name of Hydrographic Survey, andlor andlor andlor Map No. Tract No. Name of Irrigation or Conservation District, andlor (Please list each tract andlor Lot No. individually) Name and County of Subdivision andlor andlor Block No. Grant Tract Name: Circle 2, portion (see Attachment 5, map) Tract Name: Circle 3, portion (see Attachment 5, map) 12 & 13 2S 74W /29/ & 12 2S 74W Tract Name: Circle 4 in its entirety 11 2S 74W /29/1956 Tract Name: Circle 6, in its entirety 35 1S 2 2S 74W /29/1956 Tract Name: Cirlce 7, portion 2&3 2S 74W /29/1956 Tract Name: Circle 8 in its entirety 26 & 35 1S 74W /29/1956 Tract Name: Circle 9 in its entirety 26 1S 74W /29/1956 Tract Name: Circle 10, portion (see Attachment 5, map) 23 & 26 1S 74W /29/1956 Total Acres: 1, Other description relating place of use to common landmarks, streets, or other: 3 to 5 miles E and SE of Ute Mountain in North Central N.M. Note: The above irrigated tracts are described in the Leo Archuleta Survey 1981: Survey of a portion of the Westerly Portion of Sangre De Cristo Land Grant, Taos County, N.M. Place of use is on land owned by (required):!jilts Fe 8.lt "sl A~~ N~"6-) L.l-c... &W tj -7J-\5 Are there other sources of water for these lands? No f8i Yes 0 describe by ase file number: Note: If on Federal or State Land, please provide copy of lease. FOR OSE INTERNAL USE Application for Permit, Form wr-06 I File Number: I Tm Number: I Page 3 of7

7 8. MOVE-TO PURPOSE OF USE AND AMOUNT OF WATER (Complete this section ONLY ifthe purpose of use is changing) 181 Domestic 181 Livestock 181 Irrigation 181 Municipal [8llndustrial [8l Commercial 181 Other Use (specify): (see, FN2 on Attachment 3) Amount of Water (acre-feet per annum): If more details are needed, type "See Comments' in "Other" field below, and explain in Additional Statements Section. Diversion: Describe a specific use If applicable (i.e. sand & gravel washing, dairy etc): Consumptive Use: 1,752.4 (see, FN1 Other (include units): on Attachment 3) 9. MOVE-TO POINT(S) OF DIVERSION (POD) (Complete this section ONLY if adding or replacing a POD) [8l Surface POD OR o Ground Water POD (Well) Name of ditch, acequia, or spring: Stream or water course: I Tributary of: If application proposes a new point of diversion involving a diversion dam, storage dam, main canal, and/or pipeline, complete Attachment 2. 0 Check here if Attachment 2 is included in this application packet. POD Location Required: Coordinate location must be reported in NM State_Plane (NAD 83), UTM (NAD 83), or Latitudellongitude (Lat/Long - WGS84). District II (Roswell) & District VII (Cimarron) customers, provide a PLSS location in addition to above. [8l NM State Plane (NAD83) (Feet) o UTM (NA083) (Meters) o LaVLong (WGS84) (to the nearest NM West Zone OZone 12N 1/10thof second) NM East Zone OZone 13N o NM Central Zone Provide if known: -Public Land Survey System (PLSS) POD Number (if known): X or Easting or Y or Northing (Quarters or Halves. Section, Township, Range) OR Longitude: or Latitude: - Hydrographic Survey Map & Tract; OR - Lot, Block & Subdivision; OR - Land Grant Name WITHIN 3,000 FEET OF: easting northing Surface water diversion to be located on the Rio Grande at the Pueblo de San IIdefonso above the lattitude longitude Otowi gage which may include diversion of surface andlor subsurface water within the alluvium, the specific diversion method to be determined in the Record of Decision for the Pojoaque Basin Regional Water System Environmental Impact Statement. NOTE: If more PODS need to be descrtbed, complete form WR-08 (Attachment 1 - POD Descriptions) Additional POD descriptions are attached: DYes ~No If ves, how manv Other description relating point(s) of diversion to common landmarks, streets, or other: Western 1/2 of Section 18, Township 19 North, Range 8 West, N.M.P.M. Point of O;:qr~.n ~~cnw1ri""iql; Pueblo de San IIdefonso FOROSE INTERNALUSE Applicationfor Permit,Form wr-06 I File Number: I Tm Number: I ' Page 4 of7 ;

8 'NQte: The following information is for wells only. If more than one (1) well needs to be described, provide attachment. Approximate depth of well (feet): Driller Name: Outside diameter of well casing (inches): Driller License Number: If replacing the current well, is the current well to be plugged? DYes DNo o Not Applicable If No, state for what use it is retained: FOR OSE INTERNAL USE Application for Permit, Form wr-06 I File Number: I Tm Number: I Page 5 of7

9 10:MOVE TO ~LACE(S) OF USE (Complete this section ONLY if adding or changing a place of use) List each indlviduallv The land is legally described by (check all that apply): o Public Land Survey System (PLSS) (quarters, section, township, range) o Irrigation or Conservation District Map D Hydrographic Survey Report or Map D Subdivision o Grant Complete the blocks below for all tracts of land (more than one description can be provided for a tract if available): PLSS Quarters or Halves, PLSS PLSS PLSS Acres Priority and/or Section Township Range Name of Hydrographic Survey, and/or and/or and/or Map No. Tract No. Name of Irrigation or Conservation District, and/or (Please list each tract and/or Lot No. individually) Name and County of Subdivision and/or and/or Block No. Grant Area to be served by the Pojoaque Basin Regional Water System; located in Santa Fe County, New Mexico and as otherwise authorized by the Settlement Act; to be operated by a Regional Water Authority comprised of the Pueblo of Nambe, Pueblo of Pojoaque, Pueblo de San "defonso I (see Attachment 3). and Pueblo of Tesuque and Santa Fe County I II. Other description relating place of use to common landmarks, streets, or other: Total Acres: Place of use is on land owned by (required): Various owners in Santa Fe County, New Mexico Are there other sources of water for these lands? NoD Yes 0 describe by OSE file number: Note: If on Federal or State Land, please provide copy of lease. FOR OSE INTERNAL USE Application for Permit, Form wr-06 I File Number: I Tm Number: I Page 6 of7

10 11. ADDITIONAL STATEMENTS OR EXPLANATIONS Please see Attachment 3 for additional Statements and Explanations. ACKNOWLEDGEMENT I, We (name of applicanttsj), Please see Attachment 4. Print Name(s) affirm that the foregoing statements are true to the best of (my, our) knowledge and belief. Applicant Signature Applicant Signature ACTION OF THE STATE ENGINEER This application o approved 0 partially approved 0 denied provided it is not exercised to the detriment of any others having existing rights, and is not contrary to the conservation of water in New Mexico nor detrimental to the public welfare and further subject to the attached conditions of approval. is: Witness my hand and seal this dayof 20, for the State Engineer,, State Engineer By: Signature Print Title: Print FOR OSE INTERNAL USE Application for Permit, Form wr-06 I File Number: I Tm Number: I Page 70f7

11 c.".~ o ~ \\\1 stitte t'j). IItcrsille Sire..b;r." C...,islItfl fl,. NEW MEXICO OFFICE OF THE STATE ENGINEER ATTACHMENT 1 POINT OF DIVERSION DESCRIPTIONS This Attachment is to be completed if more than one (1) point of diversion is described on an Application or Declaration. a.ls this a: b. Information on Attachment(s): [8J Move-From Point of Diversion(s) Number of points of diversion involved in the application: 11 o Move-To Point of Diversion(s) Total number of pages attached to the application: 1 o Surface Point of Diversion OR [8J Well Name of ditch, acequia, or spring: Stream or water course: Tributary of: c. Location (Required): Required: Move to POD location coordinate must be either New Mexico State Plane (NAD 83), UTM (NAD 83), or LatlLong (WGS84) NM State Plane (NAD83) UTM (NAD83) OTHER (allowable only for move-from (feet) descriptions - see application form for format) (meters) NM West Zone 0 o LatlLong- PLSS (quarters, section, township, range) Zone 13N 0 (WGS84) Hydrographic Survey, Map & Tract Zone 12N 0 1I10th of second o Lot, Block & Subdivision NM Central Zone 0 NM East Zone 0 o Grant POD Number: RG-1441-S 6 X or Longitude Other Location Description: Y or Latitude NE1/4NE1/4NE1/4,2.T2S.R74W POD Number: RG 1441 S 7 X or Longitude Other Location Description: Y or Latitude NE1/4NE1/4NE1/4,2.T2S.R74W POD Number: RG 1441-S 8 X or Longitude Other Location Description: Y or Latitude SW1/4NE1/4SW1/4,2.T2S.R74W POD Number: RG 1441-S 9 X or Longitude Other Location Description: Y or Latitude SE1/4SE1/4SE1/4,14.T1S.R74W POD Number: RG 1441-S-10 X or Longitude Other Location Description: Y or Latitude NE1/4SE1/4NE1/4.14.T1S.R74W POD Number: RG 1441-S 11 X or Longitude Other Location Description: Y or Latitude SE1/4NE1/4SE1/4, 11.T1S.R74W POD Number: X or L,ongitude Y or Latitude Other Location Description: All in the Rio Grande/Red River System &1 :11 WW Z I NVr SIOZ FOR OSE INTERNAL USE File Number: Trans Description (optional): Formwr-08 POD DESCRIPTIONS - ATTACHMENT 1 I TmNumber:

12 .' OSEFile No. Subtile 28.1 and 29.1, Cause No. 72CV09780 Red River APPLICATION FOR PERMIT TO CHANGE AN EXISTING WATER RIGHT (NON ) 1. CO-APPLICANTS ATIACHMENT2 PUEBLO OF NAMBE Contact: Governor's Office 15A NP 102 West Santa Fe, New Mexico (505) PUEBLO OF POJOAQUE Contact: Governor's Office 78 Cities of Gold Road Santa Fe, New Mexico (505) PUEBLO DE SAN ILDEFONSO Contact: Governor's Office 02 Tunyo PO Santa Fe NM (505) PUEBLO OF TESUQUE Contact: Governor's Office Route 42, Box 360-T (505) UNITED STATES OF AMERICA, DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS, AS TRUSTEE FOR THE PUEBLO OF NAMBE, PUEBLO OF POJOAQUE, PUEBLO DE SAN ILDEFONSO AND PUEBLO OF TESUQUE William Walker, Regional Director 1001 Indian School Road NW Albuquerque, New Mexico (505) Christopher Banet Trust Resources and Protection Manager 1001 Indian School Road NW Albuquerque, New Mexico (505) ; (505) (Cell) christopher.ba SANTA FE COUNTY, NEW MEXICO County Manager 102 Grant Ave. Santa Fe, New Mexico (505) (office) (505) (County Clerk)

13 OSE File No. Subfile 28.1 and 29.1 Cause No. 72CV09780 Red River APPLICATION FOR PERMIT TO CHANGE AN EXISTING WATER RIGHT (NON ) ATTACHMENT ADDITIONAL STATEMENTS AND EXPLANATIONS FNI - 1,141.0 acre-feet per annum ("AFA") consumptive use is from the United States of America, Department of the Interior, Bureau of Indian Affairs, held in trust for the Pueblo of Nambe, Pueblo of Pojoaque, Pueblo de San IIdefonso and Pueblo of Tesuque, plus AFA consumptive use is from Santa Fe County; totaling 1,752.4 AFA consumptive use. FN2 - All uses approved or served by the Pojoaque Basin Regional Water Authority throughout the Pojoaque Basin Regional Water System and as otherwise authorized by the Settlement Act. This Application is for the purpose of providing a firm, reliable supply of water for the Pojoaque Basin Regional Water System ("RWS") to be supplied to Pueblo and non-pueblo users in Santa Fe County, New Mexico. The Application and water supply proposed for transfer herein is an essential part of the supply for the RWS and a requirement of the Aamodt Litigation Settlement Act, Public Law , Title VI, 124, Stat ("Settlement Act"), for purposes of effectuating the Aamodt Settlement Agreement, and settling the water rights claims of the Pueblo of Nambe, Pueblo of Pojoaque, Pueblo de San Iidefonso and Pueblo of Tesuque in the Aamodt adjudication. Concurrently with this Application, applicants are filing an application to establish a point of diversion for the San Juan-Chama Project water supply (1,079.0 AFA) and an application to transfer Pueblo of Nambe reserved water rights (302.0 AFA) both of which also shall serve as part of the water supply for uses and users supplied by the RWS. Applicants propose to discontinue the use of 1,752.4 AFA consumptive which in part is from the United States of America, Department of the Interior, Bureau of Indian Affairs, held in trust for the Pueblo of Nambe, Pueblo of Pojoaque, Pueblo de San IIdefonso and Pueblo of Tesuque in the amount of 1,141.0 AFA consumptive use, and part of which is from Santa Fe County in the amount of AFA consumptive use, located at a point of diversion from the Rio Grande, Red River System, held under wells RG-1441-A through RG-1441-S-11 located in Sections 2,11 & 12, Township 2 South, Range 74 West and Sections 11 & 14, Township 1 South, Range 74 West, Sixth Principle Meridian using the Colorado- New Mexico State Line as a Base Line (consistent with local usage by previous surveyors of the area), used (1) for irrigation of 1, acres of land appurtenant to: acres located on a portion of Circle 2 in Sections 12 and 13 in Township 2 South, Range 74 West; acres located on a portion of Circle 3 in Sections 11 and 12, Township 2 South, Range 74 West; acres on Circle 4 in Section 11, Township 2 South, Range 74 West; acres on Circle 6 in Section 35, Township 1 South and Section 2, Township 2 South, both in 74 West; acres on a portion of Circle 7 in Sections 2 & 3, Township 2 South, Range 74 West; acres on Circle 8 in Sections 26 & 35, Township 1 South, Range 74 West; acres on Circle 9 in Section 26, Township 1 South Range 74 West; and acres on a portion of Circle 10 in Sections 23 & 26, Township 1 South, Range 74 West; and (2) for irrigation of acres appurtenant to acres in Field 12 in Section 14, Township 1 South, Range 74 West; acres on a portion of Circle 7 in Sections 2 and 3, Township 2 South, Range 74 West; acres on Circle 5 in Section 2, Township 2 South, Range 74 West; 78.0 acres on a portion of Circle 3 in Sections 11 and 12, Township 2 South, Range 74 West; acres on Circle 1 in Section 12, Township 2 South, Range 74 West; acres on a portion of Circle 2 in Section 12, Township 2 South, Range 74 West. The irrigated tracts are described in the leo Archuleta Survey of February 1981: Survey of a portion of Westerly Portion of Sangre De Cristo land Grant, Taos County, New Mexico. The above described move-from

14 OSE File No. Subfile 28.1 and 29.1 Cause No. 72CV09780 Red River circles of land are located three to five miles east and southeast of Ute Mountain in North Central New Mexico. Applicants further propose to transfer said consumptive use to the RWS point of diversion to allow the beneficial use of the water for domestic, municipal, industrial, irrigation, commercial and all uses approved or served by the Pojoaque Basin Regional Water Authority throughout the RWS. The surface water diversion is to be located on the Rio Grande at the Pueblo de San Iidefonso above the Otowi gage, located in the Western 1/2 of Section 18, Township 19 North, Range 8 West, N.M.P.M. and further described as being on the Rio Grande East bank, north of Otowi Bridge. The State Plane Coordinates are Easting and Northing , with Latitude and Longitude , from this point and extending to the north, along the east bank of the Rio Grande, for up to 3,000 feet, which may include diversion of surface and/or subsurface water within the alluvium. The specific diversion method will be determined in the Record of Decision for the Pojoaque Basin RWS Environmental Impact Statement. The place of use will be the area to be served by the RWS and as otherwise authorized by the Settlement Act. The lands served by the RWS are located in Santa Fe Countv.New Mexico. The RWS is to be operated by the Pojoaque Basin Regional Water Authority provided for in the Settlement Act and comprised of the Pueblos of Nambe, Pojoaque, San IIdefonso and Tesuque and Santa Fe County. The place of use is on land owned by various owners in Santa Fe County, New Mexico. The United States Bureau of Reclamation will temporarily operate and maintain the RWS until the RWS is substantially complete as defined in the Settlement Act. The permit requested by this application shall be assigned to the Regional Water Authority pursuant to the Settlement Act.

15 OSE File No. Subfile 28.1 and 29.1 Cause No. 72CV09780 Red River APPLICATION FOR PERMIT TO CHANGE AN EXISTING WATER RIGHT (NON ) ATTACHMENT 4 ACKNOWLEDGEMENTS The UNITED STATES OF AMERICA, DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS, AS TRUSTEE FOR THE PUEBLO OF NAMBE, PUEBLO OF POJOAQUE, PUEBLO DE SAN ILDEFONSO AND PUEBLO OF TESUQUE affirm that the foregoing statements are true to the best of our knowledge and belief. By: ///J ~ - 7 -r By: LA~1?-:;;~;~t- Christopher Banet Trust Resources and Protection Manager

16 OSE File No. Subfile 28.1 and 29.1 Cause No. ncv09780 Red River APPLICATION FOR PERMIT TO CHANGE AN EXISTING WATER RIGHT (NON ) ATTACHMENT 4 ACKNOWLEDGEMENTS THE PUEBLOOF NAMBE affirms that the foregoing statements are true to the best of our knowledge and belief. By: c;:7~uaa~~ Phillip A. Perez ( - /J Governor, Pueblo of Nambe

17 / OSE File No. Subfife 28.1 and 29.1 Cause No. 72CV09780 Red River APPLICATION FOR PERMIT TO CHANGE AN EXISTING WATER RIGHT (NON ) ATIACHMENT4 ACKNOWLEDGEMENTS

18 OSE File No. Subfile 28.1 and 29.1 Cause No. 72CV09780 Red River APPLICATION FOR PERMIT TO CHANGE AN EXISTING WATER RIGHT (NON ) ATTACHMENT 4 ACKNOWLEDGEMENTS

19 OSE File No. Subfile 28.1 and 29.1 Cause No. 72CV09780 Red River APPLICATION for PERMIT TO CHANGE AN EXISTING WATER RIGHT (NON ) ATIACHMENT4 ACKNOWLEDGEMENTS THE PUEBLO OF TESUQUEaffirms that the foregoing statements are true to the best of our knowledge and belief. By: 6v;d~.Yd. /~(~. Robert Mora, Sr. Governor, Pueblo of Tesuque

20 .', OSEFile No. Subfile 28.1 and 29.1 Cause No. 72CV09780 Red River APPLICATION FOR PERMIT TO CHANGE AN EXISTING WATER RIGHT (NON ) ATTACHMENT 4 ACKNOWLEDGEMENTS SANTA FE COUNTY, NEW MEXICO affirms that the foregoing statements are true to the best of our knowledge and belief. By: ~Cn~ Katherine Miller Santa Fe County Manager TOW Application - Attachment 4 - Signatary page (W ) {W }, )

21 vllaflyt::: Iii UWiH=il :SWp U1 V\fi::!t~l!'.lyJll \ I'll V 1'01- f L- I L- I j New Owner: United States, Bureau of Indian Affairs f: j: i I,- \ i '. \.t",. ", ';x.." ( ", \~. "'-.., &--'----'_:::'~_';_--:...-\;...!.-i+.~--. ~ \.-~' 'i,._;\. ""!"" Pl:,:,jectedsec,tio.n r-l' Ur~;IC'.IIfloShip.<T), L-1 ~a(ljje.{r)an.dsection (S) incfp:ated.~g.l)1441. \'iells Imgated Fields; also.kno.wn as CirCles, and.numberedin red, as stjryeyedby Archuieta (1980). ~-----,...:;li~""'::;';' T2.S,R74.W,SJ -RG"Ol-1'}1~S'1- ci 0'1~:41~S3..,'i.. RG <'i:.~~.,=~-r=~' \ RGo'i441'S..."-...~ Map of Lands to which Water Rights Held by the United States Bureau of Indian Affairs are Appertunant

22 1. STATE OF NEW MEXICO OFFICE OF THE STATE ENGINEER DISTRICT VI - SANTA FE Tom Blaine, P.E. State Engineer Water Rights Division P.O. Box Santa Fe, NM Phone: (505) Fax: (505) June 8, 2015 Pueblo ofnambe 15A NP 102 West Pueblo of Pojoaque 78 Cities of Gold Road Pueblo de San Ildefonso 02 Tunyo PO Pueblo of Tesuque Route 42, Box 360-T United States of America, Department of the Interior, Bureau of Indian Affairs, as Trustee for the Pueblo ofnambe, Pueblo of Pojoaque, Pueblo de San Ildefonso, and Pueblo of Tesque c/o William Walker, Regional Director Christopher Banet, Trust Resources and Protection Manager 1001 Indian School Road NW Albuquerque, NM Santa Fe County 102 Grant Ave. Santa Fe, NM Re: Application No. RG-1441-S through RG-1441-S-11 into SP-5081

23 Greetings: Enclosed is the Notice for Publication for the above numbered application. Please have the Notice published and proof of publication filed in this office according to the instructions. ~~ Kerri Roybal Water Rights Division Enclosure c: Webmaster

24 Pueblo ofnambe 15A NP 102 West June 8, 2015 Pueblo of Pojoaque 78 Cities of Gold Road Pueblo de San Ildefonso 02 Tunyo PO Pueblo of Tesuque Route 42, Box 360-T United States of America, Department of the Interior, Bureau of Indian Affairs, as Trustee for the Pueblo ofnambe, Pueblo of Pojoaque, Pueblo de San Ildefonso, and Pueblo of Tesuque c/o William Walker, Regional Director Christopher Banet, Trust Resources and Protection Manager 1001 Indian School Road NW Albuquerque, NM Santa Fe County 102 Grant Ave. Santa Fe, NM Re: Application No. RG-1441-S through RG-1441-S-11 into SP-5081 Greetings: The following notice shall be published at applicant's expense once a week for three (3) consecutive weeks in The Taos News, The Rio Grande Sun, and The Santa Fe New Mexican. First publication should be made as soon as possible after receipt of this notice. Publisher's affidavit of such publication must be filed with the State Engineer within sixty (60) days from the date hereon. If the application is for a new appropriation, failure to file proof of publication within the time allowed shall cause postponement of the priority date of the application to the date of receipt of such proof in proper form. In the case of any other type of application, failure to file proof within the time allowed will cause the application to be cancelled. The accuracy of the content of this notice is the responsibility of the applicant, and the State Engineer is not obligated for any additional expense incurred by the necessity of readvertisement.

25 Neither issuance of this notice, nor lack of protest thereto, in any way indicates favorable action by the State Engineer or approval of the application as requested. Notice is hereby given that on January 12, 2015 and amended on June 8, 2015, the Pueblo of Nambe, 15A NP 102 West, Santa Fe, NM, 87506, the Pueblo of Pojoaque, 78 Cities of Gold Road, Santa Fe, NM, 87506, the Pueblo de San Ildefonso, 02 Tunyo PO, Santa Fe, NM, 87506, the Pueblo of Tesuque, Route 42, Box 360-T, Santa Fe, NM, 87506, United States of America, Department of the Interior, Bureau ofindian Affairs, as Trustee for the Pueblo of Nambe, Pueblo of Pojoaque, Pueblo de San Ildefonso, and Pueblo of Tesuque, clo William Walker, Regional Director and Christopher Banet, Trust Resources and Protection Manager, 1001 Indian School Road NW, Albuquerque, NM, 87104, and Santa Fe County, 102 Grant Ave., Santa Fe, NM, , filed Application No. RG-1441-S through RG-1441-S-11 into SP-5081 with the OFFICE OF THE STATE ENGINEER for Permit for Change Point of Diversion and Place and Purpose of Use from Groundwater to Surface Water. The applicants seek a permit to cease use of wells within the Rio Grande/Red River System, as follows: well RG-1441-S located at a point where X=445,598 and Y=4,083,293; well RG-1441-S-2 located at a point where X=444,905 and Y=4,083,163; well RG-1441-S-3 located at a point where X=444,271 and Y=4,083,276; well RG S-410cated at a point where X=443,955 and Y=4,083,259; well RG-1441-S-5 located at a point where X=444,037 and Y=4,084,223; well RG-1441-S-6 located at a point where X=444,002 and Y=4,084,962; well RG-1441-S-7Iocated at a point where X=444,002 and Y=4,084,879; well RG-1441-S-8 located at a point where X=442,906 and Y=4,083,916; well RG-1441-S-910cated at a point where X=443,964 and Y=4,089,789; well RG S-10 located at a point where X=444,043 and Y=4,090,809; and well RG-1441-S-11 located at a point where X=443,991 and Y=4,091,846, all in meters UTM (NAD83), Zone 13N, for the consumptive use of acre-feet of water per annum (afa) (1,141 afa consumptive use is from the United States of America, Department of Interior, Bureau of Indian Affairs, held in trust for the Pueblo of Nambe, Pueblo of Pojoaque, Pueblo de San Ildefonso and Pueblo of Tesuque, plus afa consumptive use is from Santa Fe County), used (1) for irrigation on 1, acres of land appurtenant to and described as: acres, a portion of Pivot 2, located within Sections 12 & 13, Township 2 South (T2S), Range 74 West (R74W); acres, a portion of Pivot 3, located within Sections 11 & 12, T2S, R74W; acres, all of Pivot 4, located within Section 11, T2S, R74W; acres, all of Pivot 6, located within Section 2, T2S, and Section 35, Tl S, R74W; acres, a portion of Pivot 7, located within Sections 2 & 3, T2S, R74W; acres, all of Pivot 8, located within Sections 26 & 35, TIS, R74W; acres, all of Pivot 9, located within Section 26, TIS, R74W; and acres, a portion of Pivot 10, located within Sections 23 & 26, TIS, R74W; and (2) for irrigation of acres of land appurtenant to and described as: acres in Field 12, located within Section 14, TIS, R74W; acres, a portion of Pivot 7, located within Sections 2 & 3, T2S, R74W; acres, all of Pivot 5, located within Section 2, T2S, R74W; 78 acres, a portion of Pivot 3, located within Sections 11 & 12, T2S, R74W; acres, a portion of Pivot 1, located within Section 12, T2S, R74W; 133 acres, a portion of Pivot 2,

26 located within Section 12, T2S, R74W; Sixth Principle Meridian using the Colorado-New Mexico State Line as a Base Line, all irrigated tracts are described in the Leo Archuleta Survey 1981: Survey of a portion of the Westerly Portion of Sangre De Cristo Land Grant, Taos County, NM. The described move-from lands are located three to five miles east and southeast of Ute Mountain in North Central NM. The move-from points of diversion and move-from place of use are on land now owned by Agua Nueva, LLC. After severing the water rights, Santa Fe County sold the land to Agua Nueva, LLC, as reflected by Quitclaim Deed recorded with the Taos County Clerk on May 15,2015. The applicants seek to change the point of diversion and place and purpose of use of the described afy water right to a proposed surface water diversion to be located on the Rio Grande at the Pueblo de San Ildefonso above the Otwoi gage within 3,000 feet of a point where X=1,672,799 feet and Y=1,773,971 feet NM State Plane (NAD83) Central Zone, to be used for domestic, municipal, livestock, industrial, irrigation, commercial and all uses approved or served by the Pojoaque Basin Regional Water Authority throughout the Pojoaque Basin Regional Water System (RWS). The move-to point of diversion is owned by Pueblo de San IIdefonso further described as in the W1I2 of Section 18, T19N, R8W, N.M.P.M., which may include diversion of surface andlor subsurface water within the alluvium. The specific diversion method will be determined in the Record of Decision for the Pojoaque Basin RWS Envirornnental Impact Statement. The move-to place of use will be the area to be served by the RWS, located in Santa Fe County, NM and as otherwise authorized by the Aamodt Litigation Settlement Act, Public Law , Title VI, 124 Stat ("Settlement Act"), to be operated by a Regional Water Authority comprised of the Pueblo of Nambe, Pueblo of Pojoaque, Pueblo de San Ildefonso and Pueblo of Tesuque and Santa Fe County. The move-to place of use is on land owned by various owners in Santa Fe County, NM. The applicants state the United States Bureau of Reclamation will temporarily operate and maintain the RWS until the RWS is substantially complete as defined in the Settlement Act. The permit requested by this application shall be assigned to the Regional Water Authority pursuant to the Settlement Act. The applicants also state, this application is for the purpose of providing a firm, reliable supply of water for the Pojoaque Basin RWS to be supplied to Pueblo and non-pueblo users in Santa Fe County, NM. The application and water supply proposed for transfer herein is an essential part of the supply for the RWS and a requirement of Settlement Act, for purposes of effectuating the Aamodt Settlement Agreement, and settling the water rights claims of the Pueblo of Nambe, Pueblo of Pojoaque, Pueblo de San IIdefonso and Pueblo of Tesuque in the Aamodt adjudication. 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 and mailing address). The objection to the approval of the application must be based on: (1) Impairment; if impairment you must specifically identify your

27 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 you will be substantially affected. The written protest must be filed, in triplicate, with the Office of the State Engineer, Water Rights Division, P.O. Box 25102, Santa Fe, New Mexico, , 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 sent within 24-hours of the facsimile. Mailing postmark will he used to validate the 24-hour period. Protests can be faxed to (505) If no valid protest or objection is filed, the State Engineer will evaluate the application in accordance with the provisions of Chapter 72 NMSA NOTE TO PUBLISHER: Immediately after last publication, publisher is requested to file affidavit of such publication with the Office of the State Engineer, Water Rights Division, Bataan Memorial Building, Room 102, P.O. Box 25102, Santa Fe, New Mexico,

28 I HE laos l~ews RECE!VED BUREAU OF INDIAN I>.FFAIRS SOUTHWEST REGIONfI.L OFFICE JUL 09 DEPT OF INTERIOR/BUREAU OF INDIA 1001 INDIAN SCHOOL ROAD NW ALBUQUERQUE, NM r,:-. ';- LV,:) REGIONAL DIRECTOR'S OFFICE ACCOUNT: AD NUMBER.: LEGAL NO J 574 P.O.#: 6 TIME(S) 0.00 AFFIDAVIT TAX TOTAL IJ00930 RECflVED BUREAU OF IND!AN AF;;',~R~FFIDAVITOF PUBLICATION SOUTHWEST REGIONAL OFFiCE. STATE OF NEW MEXICO COUNTY OF TAOS IJ Moriah Montoya.being first dulyswom JUL BRANCH RESOURCES OF WiHER declare and say that I am Legal AdvertisingRepresentative of THE TAOS NEWSJ a weekly newspaper publishedin the English language, and having a general circulation in the City and Countyof Taos.State of New Mexico and being a newspaper duly qualifiedto publish legal notices and advertisements underthe provisions of Chapter 167 on Session Laws of 1937; that the LegalNo 14JS74a copyoe whichis hereto attachedwas publishedin said newspaper6 day(s) between 06/18/2015 and 07/02/2015 and that the noticewas published in the newspaper prop er and not in any supplement, the first date ofpublication beingon the 18th day of JuneJ2015 and that the undersigned has personal knowledge of the matterand thing> set forth in this affidavit. /s/ LEGAL ADVERTISEMENT REPRESENTATIVE _ Lenal No LEGAL NOTICE NOTICE is hereby giv en that on January and amended 011 June the Pueblo of Narnbe. lsj\ NP 102 West. Santa Fe NM the Pueblc of Pojoaque. 78 Cities of Gold Road. Santa Fe. NM the Pueblo de San IIdefonso. 02 tunyo PO. Santa Fe. NM the Pueblo of Tesuque. Route 42. Box 360 T. Santa Fe. NM United States of America. Department of the Interior, Bureau of lndian Affairs. as Trustee for the Pueblo of Nambe. Pueblo of pojoaque. Pueblo de San IIdefonso, and Pueblo of Tesuque. c/o William Walker. Regional Director and Christopher Banet. Trust Resources and Protection Manager Indian School Subscried and SWOTI1 to before me on this 2nd day of july, 2015 Notary _., - -'-" f.... E c. - ~ ti, ~k1t17" " onrurru~on xprres: _ C Of" - -, -, - j.:l-o':~ -. "'" --I'v.'~ II,'" )~ '-', 1.".Jt ~ _~ v,:'j:-;i\;ici~,:'j ~! -It"C. ~r! I ~ e' aos News PO Box 3737 Taos, NM

29 Legal No. 14lff.'h J.EMUL_. _.,-- NoticE is h~reby given that on ]an~ary 12, 2015and amended on JUl1e'8, 2015,till. e A 5 P u.jp. bloof ~ambe, 102,West. Sal)t;cI..f~, NM, ~7506/'tne P!J~I?I.Q of pojoaque, '78 C~les of Gold Road, Santa Fe,_NM, 87506, the Pueblo de San lidefonsoi 02 Tunyo PO' Santa Fe, NM, 87W6, the Pueblo of Tesuque, Route 42, Box 360-T, santa. fe, NM, 87506,,Um~ed States".of Amenca, Del?artment 9f the 111- tenor Bureau of molan Affair's, as.:rr~steef for "the PLlebloof Nambe, Pueblo 0 Pojoaque, Pueblo d a Sanlldefonso, an Pueblo, of Tesuque, c/o. William Walker, Regional Director and Christopher Banet. Trust Resources and Protection Manager Indian School Road NW, Albuquer que NM' and Santa Fe' County. 102 Grant Ave., Santa Fe, NM, , filed 'APplication No. ;RGi through,'rg 1441-S-11into SP,S081 with the OFFICE OF THE STATE ENGINEER for Permit for Change Point of Div~rsion and Place and Purpose of Use from aroundwa-] ter to Surface Water ,163; weft" R.: ; 1441-S-3 located at ~ point where X: and Y ' well RG '5-4'located at ~ point. where x: and Y- 4,083,259; WeIlRG-, loca,ted at ~ i point _ where X: and.y-- 4,084,223; well RG located at ~ point where Xv: and - 4,084,962; well RG ' 10cCitedata point - where X= and y= ;weH RG 'S-8,located at a point.,where X= 442,906. and Y= 4,083,916; well Re;, J44l-S-9 located ata point where X= and Y= 4,089,789; well RG located at a point " where X= and y= 4 090,809'.and well RG 1441-S-11loca,ted at a.point where X= '443991,' and Y= 4 091,846, all in meters UTM" (NAD83), Zone UN, for the consumptive use of acre-feet of water per' annum (afa) (1,141 a~a consumptive use JSfrom the United States of America, Department of Interior,. Bureau 9f Indian Affairs, held In trust for the Pueblo of Nambe, Pueblo of Pojoaque, Pueblo de Sanlldefonso and Pueblo of Tesuque, pills,61104 afa consumptive use is from santa Fe County), used (1) for irrigation 'on 1, acres of land appurtenant to and described!is: acres, a portion of Pivot 2, located within Sections 12 & 13, Township 2 South (T2S), Range 74 West (R74W); acres, a portion of Pivot 3, 10- cated within Sections 11 & 12, T2S, R74W; acres, all of. Piy The applicants seek a permit to cease use ot 4, located Within Section 11, T2S, of wells within.the R74W; acres, Rio Grande/Red River all of pivot 6, located System, as follows: well RG-1441-S tocated at a point wher!: R74W; acres, a within Section 2, T2S, and,section 35, TlS, X=445,598 and Y- 4083,293; well. RG-, portion of Pivot 7, located within Sections located at ~ 2 & 3, T2S, R74W; point where ". X acres, all of 444,905 and,'"-}?,,ygi', Pivot 8, located with in sections 26 & 35, TlS, ~74W' acres, all of Pivot 9, located j,yithinsec tion 26, TlS, R74W; and acres, a pbrtion.of ~ivot 1~, 10- cated within Sections 23 '&26. TIS, R74W; Ia."d(2.) of,'62~.98a.cres..fo'.r,.. Ir.r... ;ga.tio.n of land a.p purt.enant. to, and described as: 21.17acres.Infield 12, located wlthln Sec, tion14, TIS, R74W; I acres, a portion of Pivot 7, located within Sections 2 & 3. T2S R74W; acres, all of Pivot 5,.I 1~- r ' L y:- located "within seetion 2, T2S, R74W; 78 acres, a portion. of Pivot 3, located wlthin SeCtions 11 &11J T2S, R74W;69.;>o acres, a portion of Pivot I, located with in Section 12, T2S, RI4W; 133 acres, a portion of Pivot 2, 10- cated within Section 12,T2S,R74W;.Sixth Principle Meridian using the colcrado-new Mexico State Line as a. Base Line, all irrigab~d tracts are described in the Leo Archuleta Survey 1981: Survey of a portionof the W~sterly Portion of Sangre De Cristo Land Grant, Taos County, NM. The described movefrom lands are located three to five miles east and southeast 9f Ute Mountain In North Central NM. The move-from points of diversion and move from place ofuse~aie on land now owned by Agua Nueva, LLC. After severing the water rights, Santa Fe County sold the land to Agua Nueva, LLC, as, reflected by Quit claim Deed recorded with the Taos County Clerk on May 15,2015. The applicants se.ek to change the point of diversion _and place and purposeo] use of the described afy water right to a proposed surface water diversion to ~e located on the, RIO IGrande at the p,ueblo I de san Iidefonso t above the Otwl?lgage Within 3,000 feet of a point where' '. X= 1,672,799feet and Yf. 1,773,971 fe~t NM. State Plane (NAD83) Central, Zone, to. be used.for domestic, mlinicipal, livestock. jndustrial 1. irrlgatl9n, c()mmen;:lal.";a.fld -all ljs'es approved or servecj. by the Pojoa.C!ue J3asin R~gionalWater Author!- ty;thrqugh()ut the,pojciaqu "'Bi:1Sin Regional water. ~y~em (RWS).Th.e m9v~-~o point of dlvers!on IS owned by Pueblo. de san Udefonso further described as in the W1/2 of section.18, T19N, R8W N.M.PJ.1:, which may Include 1;11- version of surface and/or '. Su\)surface water within l vhim.the. s~ verslon ~,.,;:~ be J~eterm!.Osu of.':water; 'jf,public welfaie or eonserva- RetorCl-of -'"P~ isi6ff for the Pojoaque,J3a sin RWS,Environmen tal Imp!i.CtStqtemel1t. Th.,em., use will o..v.e... be,thea.rea t... o.. p.lace...',o.f to.be seryed:/jy!he RWS,located in sant!i, Fe County, rim ilnd as : otherwise alithorized by the Aamodt Litigation Settlem.ent Act, PubliC law " , 'Title VI,124 S~t.1335 tion of water withi!" ("Settlement Act"), to the state of New Mex :beciperated by a ~~. lco, you must show I gional Water Authon- you will be substantially affected. The -ty comprised of,the written protest. must PUeblo. of Nambe, Pueblo of Pojoaque, Pueblq..de. San Ildefonso,and Pueblo of Tesu..,qu an.d ~anta., Fe County. The moveto p'lace of use is 0[1 land 'owned by vanous -owners in Santa Fe COllnty, NM. The allplicants state the UniteClStates sureau.vof Reclamation will temporarllyoperate andrriaintain th.e RWS until the RWS IS substantially complete as defined in the Settlement Act. The permit req!jes!ed by thisiipplication shall be. assigned to the Regional Water Authority pursuant to the Settlement Act. The applicants also state. this application Is for the purpose <1f providing a firm, reliable supply of water 'for the POjoaque Basin RWS to be supplied to Pueblo an~ non Pueblo users In, Santa Fe County, NM. ITile application and water' supply proposed for 1:rans~er hereln Is an essential part of the supply for the RWS and a requirement of settlement Act, for purposes of effectuating the Aamodt. Settlement Aj;Jreement, and settllng. the water rights claims of the pueblo of'nambe,pueijloof Pojoaque,. Pueblo de San,, lidefo'1so. an.d PlIeblo of Tesuque In the A.amodt al:ijudication. Any,pl:!rson, firm or con~oratio.fi '9r 'ottter entity having.standing 19 Jil.e p.j~cticl!1s Qrprote~~. shall. do som' ""rltlng «)b.jec tion must,j:>elegl~le, sigri~t:, and.c!n!;lude th~wnter's ~mp!~te narn~ arid mailing.addri:!,ss).,', TI'I~ 9bJectic>n... t 0 thea... p.p..r.oyi:11 of the,appllcatlon mu~.be \:l~~.on:.(1) Impalrl'!1e!1~;:lf. impaninent. YO!J.-;myst,S~~if,i~I!y: '~d~ntl~ your >V'ater.ngh~, ahd/or:'(2,).. PJJl?II~ welfare/conservation be filed, in triplicate, with the Office of the State Engineer, Water Rights Division, P.O. Box 25102, Santa Fe. New Mexico, , within ten (10) days after the date of the last publication of this,notice. Fac similes (faxes) will be accepted asa v.alid protest as long as the hard COllY Is sent within 24-hours of the facsimile. Mailing postmark will he used to validate the 2~hour _period. Protests can be faxed to (505) If no valid protest or ob jection is filed. the State Engineer ~!II evaluate the appllca tion in accordance with the provisions of Chapter 72 NMSA 1~78.. (Legal No. 14,574; Pub. Jun. 18, 25, Jul. 2, 2015).

30 ATTlUaVIl OT t"'udlicatlon State of New Mexico County of Rio Arriba Publisher's Bill.5?iJ lines one time at.$ ld7 QO 3?fj lines J- times atj1 523,J-!D I, Robert Trapp, being first duly sworn, declare and say I am the Publisher of the Rio Grande SUN, a weekly newspaper published in the English language and having a general circulation in the County of Rio Arriba, State of New Mexico, and being a newspaper duly qualified to publish legal notices and advertisements under the provisions of Chapter 167 of the Session Laws of The publication, a copy of which is hereto attached, was published in said paper once each week for ~consecutive weeks and on the same day of each week in the regular issue of the paper during the time of publication and the notice was published in the newspaper proper, and not in any supplement. The first publication being on the Iff day of Junt, dlji5 and the last publication on the d- day of [Jll~ J )~15.Payment for said advertisement has been duly made, or assessed as court costs. The undersigned has personal knowledge of the matters and things set forth in this affidavit. Affidavit ~ 5 (J{) Subtotal4f 53(p?v TotalJ 55Q.' a~ SUbSC~ sworn to before me this 2wJ...- day of ~ A.o.dDI'5 Payment received at Rio Grande SUN Date ~nr; /5, ;)015 BY~1~~&L. CEIVEO BUREA OF INDiAN AFFA! SOUTHWEST REGIONAL OFF BRANCH OF WATeR RESOURCES...

31 ~. r.'..'.''pu8uqnodce NOrJpg J~'~ere.QY':given that pnjai'\ua.ry :i2,2015 and amended on June 8, 2ci15;ihe' 'Pueblo of Nambe, 15A NP 102 West/Saria F~, NM, 87506, the Pueblo of Pojoaque, 78 Cl!ie{oi Gold l1o?ci, Santa Fe, NM, 87506, the pueblo de San IIdefonso, 02 Tunyo PO, ' Sarita F~, NM, 87506, the pueblo or.resuque, Route42, Box 360-T, Santa Fe, NM, 87506, UnjtedStates of Am~ric?, Department of the Interior, B.urei3.uof Indian Affairs, as Trustee farihe Pi(eblo bf NamJJe, PUE!blq of PO]9ll:gue, Pueblo de San IIdefonso, and Pueblo of Tesuque, clo William Walker, RegionaJ" Director and OhrilltopMr Banet, Trust Resources and ProtectionMlinager, 1001 Indi- ~,schc>oi Roaa NW, Albuquerque, NM, 87104, and Sa!'!ta Fe CQunty, 102 Grant Ave" Santa Fe, NM, , filed ApplicationN9, RG S through RG S-11 IntoSP-5081 with the OFFICE OF THE STATE ENGINEER for Permit for Change Point of Diversion and Place and P\lrpose of Use from Groundwater to Surface Water, The applicants seek a permit to cease use of wells within the Rio GrandefRed River System, as follows: well RG-.1441~S located a~a point where X=445,598 and.),,:4,083;293;. willi RG S-210eaied ata P9int wherex;=!i44,~05,~nd. Y74,08~,16~;well,RG-1441-S-3 locatedat '~ polntwherex;=441,2?1 ',~?f_114t~3'~c!ieciw~! ~Pointwhere X::443,955.'and Y=4,083,259; well 'BG~14:41~$~~!09~te(:l...:,.,.,4,. 1C."!,:,,\,.,,J., "_:. ~nwin~:~~~1~1~~h at RG~1441-S:&,iocated at ~ p.oint'y.;h~r~~+,1a4,002 and Y:;:4,0\34,~62; 'well RGc144(S~7.toeated at ~P<l\nt w~,~r~ )(~44,002 an(j Y:i:,4,0!}4!879; well RG~1441-S:Slocated at ap9int arid Y~4,Of!3,916; well R~~1441 ~$,~~Iocat!idat ~point ~h.er l X~4:43864 andy=4,o~9,789; well RG-1441-S-10 located at a pointwh~re)(=444,043 af!9.y=1,o,90!80~;, and well RG~1441:;S-ll located Clt,8 point where X=443, and Y=4,091,84(3,aU in meters UTM'(NAD83), Zone 13N,.for the,~nsumptive use ot acre-feet of water parannum (afa) (1,141 afa consumptive use is from the United States of America, Department of Interior, Bureau of Indian Affairs, held in trustlor the Pueblo t Narnbe, Pueblo of Pojoague,pu~blo de san Ildeforiso and Puebloot Tesuque, plus ata consumptive use is from Santa Fe County), used (1) for irrigation on 1,164,29 acres of land appurtenant to and described as: 16,16 acres, a portion of Pivot 2, located within Sections 12 & 13, Township 2 South (T2.S), Range 74 West (R74W); 53,13 acres, a portion of Pivot 3,located within Sections 11 & 12, T2S, R74W; acres, all of Pivot 4, located within SectIon 11. )"2S, R74W; acres, all otpivot 6, located within Section 2, T2S,'andSeclion' 35, T1S, R74W; 168,98 acreaa PQiponpf Pivot 7, located within Sectiqn.s.2.~ ~,T2S, R74W; acies, all of Pivot 8, located within Section's" '2'6'~ & 'i5,oils 'Io9i1!~c!,Vfi~~i.n R74W; 195,53 a~res, ali 9fr.lvot~1 Section 26, T1S, R74W; ~nd209,12 a.cr~s, aportion of pivot :{O, IOcttted w~tiin. igig;il~~3 A, ~e, 11SJ'/17~Wi.ilM,,(~)! r irrigation of 623,98 acres of ':Iand appurtenant to l 1<fde~crl~Q,~s; acrel~jpl3eld 12,located wjtiji,n,~qn11, T1S, J:\74W; 1;!1jQ? acres, a porti~n pfpjvot7, located within Sections ~ &. 3, t2s, R14.W;.241:13 ~c,r\ls, jii.16leivqt~, iqcated,within Section.2,, T2 ~R74W;7'? '/ 6res,'li portion of Pivot 3, locat- 'ad within Secti6hs 11' & 12, T2S,R74W;'.'69.58 acres, a portion o! Pivot 1, located within Section 12, T2S, R74W;, 133 acres, a PClitionpf Pivot 2, located within Section 12, T2$,tl74W; $ixlh Principle Meridjanusing the Colorado-New Mexico State Line as a Base Line, all irrigated tracts are described in the Leo Archuleta Slirvey 1981: Survey ota portion of the Westeriy PortioI') of San- gre De Cristo Land Grant, Taos County, NM. The described movefrom lands are located three to five miles east and southeast of Ute Mountain in North Central NM, The move-from points of diversion and move-from place of use are on land now owned by Agua Nueva, LLC. After severing the water rights, Santa FE) c;ounty sold the land, to Agua Nueva, LLC, as reflected by Quitclaim Deed recorded with the Taos County Clerk on May 15, 2015, The applicants seek to change the point of diversion and place and purpose otuse of the described afy water right to a proposed surface water diversion to be located on the Rio Grande at the Pueblo de San Iidefci,,!so~ove the Otwoi gaqe within 3,000 feet ofa point y.ohere X=l,672,799 feet and Yo;:1,773,9'h feet.nm State,Plan~ (NAP~) Centrill t:9r'le;' tope ~sed iofpome'stic,it\l,irli9ipal! Iivest6ck.:jnchjsti1~II, irti~ 'ga'i9ii.::~mmii~@.an~ 'au,'uses:@proved' "or se,ym :bylh(pojoaque.:,~~~~~~~~~~h~~l~~ :p.pjoaqu~i?a,~lfl f!~i()f1aj,~~~fuo~f~~~'.;l~1~2 bl6 desao' IIdefonso fur" '~'~~4ifi,~~~*nt:. verslo'ir!s 'Owrf~fj;:'" Plie':. <.." "..,.",.",.,,.,.y.,~. '~ 1r{t;~~Y.fri~~d~,~!t ~ :~w..~9,n' (',~~ff~~r 5ubsurfaceWater,withm ::tfii!illly!~fu.\thl~9~~ "'lc-divei'sionriiethoo 'will!ij6,ieietm'nealn'fue 'Fie-:."".,.-.o_,~...,.,,,,.... "... <,~~~;gf, ':~1r:/9~\W~ Eriiil~ntal '."1m' 'd,'. -.».,< '...,'.,',,Pf,. StfitE1merit. TIl,e.tn6ve~to,.. /., -I. ;..1.w L I 1'"' -,," «, ' '~' hi J!' -,, place OfuseWm'pe. the 8i~a'to 'be served by the RWS;16cated~'inr$ania Fe CountY,.NM :~rid'as olh,erwis~ '.llythqrizec;i,by the A;am,odt.Litig~tion Settlement Act' 'Public Law, , Title VI, 124 Stal. "1335 '("~e.tt1emeflt Act"), tobe operatsdbya Regional Water AuthoritY' cioijjprise'd of the Pueblo' of Nambe, Puebio of ' POjollque, Pueblo de San IIdefonso and Pueblo of Tesuque and Sa.nJli Fe County, The move-to place of use is on lane! owned by va:rlouso.'!v11~rsin Santa Fe,ooun\y, NM. ThE:!applicants state the United States Bureau of ReClamation.will temporarily operate and maintain the RWS 4ntil the RWS Is substantially complete as defined in the Settlement Act 'The permit requested by this application shall be assigned to the Regional W~ter Authority pursuant to the Settlement Act The applicants also state, this application is for the purpose of providing a firm, reliable supply of water for the Pojoaque Basin RWS to be supplied to Pueblo and non- Pueblo users in Santa Fe CountY, NM. The application and water supply proposed for transfer herein Is an essential part of the supply for the RWS and a requirement 'Of Settlement Act, for purposes of effectuating the Aamodt Settlement Agreem~nt, ands~ttling the water rights claims of the Pueblo of Narnbe, Pueblo of pojci~que, P~eblo de San IId~fonso and pue~1o Of TEls,ugue In the ~t adndicalion. Anyp~rs9n,firrri()r. 9(irj:iorati9nbr.other' er;tiw having,standing" tcl <fiie o~jeciicin~,.0[' Motests ~11?1Idosoln w'rlting (objei:ti9n must be.\egible, signed, and incl~de t~el wmer'~,.qornpielt~n.~mel and majling.adc!re?~), The pbjecilor to jh~?p~ prqvalo,t ti1e appltc~ti~,n must be based 'on: (1) Impairment;' ifimpairment YQu 'must SPQtIficlilly identify your w~ter rights; andl or (2) P~blic welfare/conservation' bf water; i(public welfare or conservlition.. pf:w~\~r withiri 'thesta~e9f Meldc.9, youm9~t~hqw you will be sljb?tantj~l!y affected. The wrihen protest must be liled;ln triplicate, wit~ th~otiige of the State Engin~(!r, Water Rights Division, P.O, Box 25102,' sarita Fe, New MexicO, ,wjthin ten (10) days after the pateott~e last publication pfthls Notice, Facsil'T1ilEl~(fax- fvi~ -:::rh', -,'-' "i\".j0 vvlrgll i',\:jf.l :1'} 'vi! iv ~ :tl~~ es) will be accepted, as ~ valid protest as. long fi~ the hard cx>py. is. s,ent within 24-hours 91 J~e facsimile. Mailing postmark will he used to validate the 24-hour period, Protests can be faxed to (505) If no valid protest or objection is filed, the state Engineer will evaluate the app'lieation In accordance with the provisions of Chapter 72 NMSA 1978, (Published June 18, 25 & July 2, 2015) U:rjf'.I]C\'.q :J,./i q ~n::':~1(',. a~,~,/i ~ < -',J.,~,.,)

32 DEPARTMENT OF THE INTERIOR BURl 1001 INDIAN SCHOOL ROAD NW ALBUQUERQUE, NM NEW MEXICAN~VU/rtWEsT JUL REGio/VA~~~~~E 0 9 "0 '5- Founded 1849 c '/ REGIONAL DIRECTOR'S 0 ACCOUNT: FFICE AD NUMBER: LEGAL NO P.O. #: 3 TIME(S) AFFIDAVIT TAX TOTAL 1, AFFIDAVIT OF PUBLICATION R E C E I V E 0 BUREAU OF INDIAN A~FAIRS SOUTHWEST REGIONAL OFFicE STATE OF NEW MEXICO COUNTY OF SANTA FE JUL~ BRANCH OF WATER I, W. Barnard, being first duly sworn declare and say that I am Legal R~SOURO~S Advertising Representative of THE SANTA FE NEW MEXICAN, a daily newspaper published in the English language, and having a general circulation in the Counties of Santa Fe, Rio Arriba, San Miguel, and Los Alamos, State of New Mexico and being a newspaper duly qualified to publish legal notices and advertisements under the provisions of Chapter 167 on Session Laws of 1937; that the Legal No a copy of which is hereto attached was published in said newspaper 3 day(s) between 06/18/2015 and and that the notice was published in the newspaper proper and not in any supplement; the first date of publication being on the 18th day of June, 2015 and that the undersigned has personal knowledge of the matter and things set forth in this affidavit. IS/ ~~~~~~~~ LEGAL AD Subscried and sworn to efore me on this 2nd day of July, 2015 SantaFeNewMexican.com 202 East Marcy Street, Santa Fe, NM fax: P.O_ Box 2048, Santa Fe, NM

33 IL~~ll.~98608 " The applicantsseekone'w '..'..'. permit to cease use NOTicEis hereby giv-: of wells Within the, 17~ ni1l '1 0 A f6 d :' ' I Iby the Aamodt Litigaenlhat on January12, Rio Grande/RedRiver,(T2S), Range74 Wes~ T e descr e movt I _tion Settlement Act. Any person, firm or 2015and amendedon System, as follows: -(R74W);53.13acres -a from lands are o~r-' J.Public - Law. rn-zsi, 'coq~oration or.other JuneS, 2015,the Pue- well RG-1441-Slocat-! portion of Pivot 3,lo,~ ed three to five mje.s Title VI, 124Stat Ientity having standblo O.fNambe.,15A..NP ed. at a point.wi:w. ẹr j cated Wi.thin.Section!; fift an~g~~:i~astf~ ("settlem..ent.act"); to, ing.. to file object._ Ions 102 West, Santa Fe, X=445,59S and 11 & 12, T2S, R74W; e h. - I NM be operated by are- - or protests shall do NM, 87506,the Pu~~lo I.Y=4,083,293;well RG acres, all of.piy- Hort Centra -f c'; gional WaterAl,Ithori- I s.o10 writing (0l:!iecof Pojoaque,78 Cities S-2located (it. ot 4, located within Th~ ts of ITl~N~~?o~i ty comprised of, the.tlon must be legible, of Gold Road, Santa ~a point where Section 11, T2S, POd In '.-f. I. I Pueblo of Narnbe, Signed! and include Fe, - NM, 87506, the X=444,905 and R74W; acres an. move rom pace! Pueblo of Pojoaque, the wnter'scomplete pueblo' de San Y=4,083,163;well RG-;all of Pivot.6, located of use are on land - Pueblo. de San i name and mailing.ad- i IIdefonso, 02 Tunyo, located at a within Se~lOn 2, T2S" ~~wo~~~ ~ te~gs~~ IIdeforiso and Pueblo' qress). The pbjec-, PO, Santa Fe, NM,'. POint. where and Section 35,-TlS, ~va, the water of Tesuqueand Santa tlon to the. a~proyal 87506, the Pueblo of i X=444,271 and R74W;168.98acres, a v_ermg....: Fe _County. _.The of the application Tesilque, Route 42,! Y=4,083,276;well -RG- portion!,f 'pivot 71lo- :tynght\ram: F,~~8uro move-to place of use must.be based.011:.(1) BO.X.360-T. Santa Fe, located at a cated Within.sectlons A so Neva LLC as is on land owned by lrnpa]rr rment;. If.Im-. NM, 87506, Unitea point. where 2 & 3, T2S, R74W; gua U Ii Q't various owners In palrment you. must...:..:, :' states Of. America., '- X=443,955 II arng d. acres'edall'toh f,~t!\~t~~ed recor3~d SantaFe County,NM. 'j: : De{lartment of the In- Y=4,083,259;we - Pivot 8, locat WI -.'. ty'-.... your sp.e.cifically water. id~.nht.i.fy fig ts; tenor. Bureau of Indl located at a In Sections 26 & 35, ~It\the J:yO~5C~~r5 The applicants state and/~r (2). Public I. an Affairs, as Trustee polnt where TlS, R74W;' er on.'.' theuilited statesau- welfare/conservation,,n for the Pueblo of X=444,037 and acres, all of Pivot 9,. h j' t kreau <of. Reclama~ion of water; if.pllblic ~_". e Nambe Pueblo of Y=4,084,223;well RG- located within see- T e. app rcan s see will temporarily 'ope~- welfare orconserval1ji pojoaque, Pueblo de located at a tion 26, TlS, R74W; t~ chg.nges ~~ep~~"d ate aridmaintainth~ tiqn of water witlljn ~ San IIdefonso,. and point where and acres, a 0 rver I f RWSuntil the RWS'ts the state of New M~x- ~ Pueblo of Tesuque, X=444,002 and portion of Pivot 10,10- place and purpos.e d substantially - com- j tco, you must show '] c/o William Walkeri Y=4,084,962;well RG- cated within Sections ~i~2~fttyhe~i~cr:~geht plete as defined In: y.ouwill be substan- ~.... Regional Director ana located at a '23 & 26,.TlS, R74Wi. a w r the Settlement Act. tially affected.. The fl.). Christopher.Banet, point where and (2) for Irrigation to ~ pr~pose9 su~ag: The permit requested writte.n prote.~t..must ~.' Trust Resources and X=444,002 and of acres of wa er iversron. by this application _ be filed, In triplicate, ~ ; Protection Manager, Y=4,084,879;well RG- land appurtenant to IGocat~d.r~h;~eue~lg shall be asslpned to with the Office of the '~ 1001 Indian. School 1441-S-8located at a and described as: ran e a the Regional Water. State Engineer, Water ~"_:. Road NW, Albuquer- point where 21.17acres.infield 12, dg Sth n o~~f~~~~ IAuthority pursuant to RightS Division, P.O. ~, que, NM, 87104,and X=442,906 and located wlthtn see- a 'toh~e3 500 fe~lt of a.the SettlementAct. Box 25102, Santa Fe, Santa Fe County, 102 Y=4,083,916;well RG- tion 14, TlS, R74W;.\/VI. m '.. New Mexico, , Grant Ave., Santa Fe, 1441-S-9located at a 81.03acres, a portion j ~~lr~72799 fee'fh:~a The applicants also 5102.within. ten (10) ~ NM, ,filed point. where of Pivot 7, located -,, state, this application days after the date of..~.c c;' :- Application No.. RG- X=443,954 arid within Sections2& 3, Ys;t77~f71 f~~~d~~ Is for.the purpose of the last publication of I, through RG- Y=4,089,789;well RG- T2S,. R74W; a e ane b providing a firm, rell- this Notice S-11into SP S-10located at a acres, all of Pivot 5, cendtral zonde,~st'ce f I able supply of water Facsimiles (faxes) '-.' with the OFFICEOF point where located within sec-: use.. or.om I, i for the POjoaqueBa- will be accepted as a THE STATEENGINEERX=444,043 and tion 2, T2S,R74W;78:!TIumcll?al,.Ilvestqck, sin RWS to be sup- valid protest as long ~ for Permit for Change Y=4090,809'and well acres a portion of lndustrlal, Irrigation, plied to Pueblo and as the hard copy Is ~ Point of Diversionand RG-i441-S-1'1located Pivot'3, located with- commercial andd all non-pueblo users In sent within 24-hours ~ Place and Purposeof.at a point where in Sections 11 & 12, uses d app'b0ve tg~ Santa FeCounty, NM. of the facsimile. Mail- ~ Use from ix=443,991 and.t2s, R74W; ser:v e y. The application and Ing postmark will he " Groundwater to Sur- Y=4,091,846, all in me- 'acres, a portion of p!'joa?w t B~nth R~- water supply pro- used to validate the face Water. ters UTM (NAD83), Pivot 1, located with- gtylona th a 1[ f ~hl~posed for transfer 24-hour period. Proi Zone 13N,for the con- in Section 12, T2S, roug ou. herein is an essential tests can be faxed to ~ sumptive use of R74W; 133 acres, a p!'joaque Basm Re- part of the suppi.y. for (505) If no I acre-feet of portion of Pivot 2, 10- glonal Water s.ystem the RWS and a re- valid protest or ob- I water per annum cated within Section (RWS). Th.emgve-to quirement of Settle- [ectlon Is filed, the! (afa) (1141 afa con- 12 T2S R74W; Sixth point of dlverslon is ment Act, for purpos- State Engineer will! sumptive use is from Principle Meridian us- owned b Y puefdi' rthd es of effectuating the evaluate the applica- :the United States of Ing the Colorado-New San II. d e onso f u er Aamodt Settlement tion in accordance America, Department Mexico State Line as described as.ln the A$Jreement,and set- wlth the provisions of of Interior, Bureau of a Base Line, all Wl/2 of sectton 18, tllng the water rights Chapter 72 NMSA Indian Affairs, held In irrigated tracts are Tl~Nh R8W,.N.M.P.M:, claims of the Pueblo trust for the Pueblo described in the Leo whlc may include dl- of Nambe, Pueblo of of Nambe, Pueblo of Archuleta Survey version of surface Pojoaque, Pueblo de Published in The San- Pojoaque, Pueblo de 1981:Surveyofa por- and/or. ~ubsurface San IIdefonso and ta FeNew Mexican on San IIdefonso and tion of the Westerly water Within th!,!alii.!- Pueblo of Tesuque in June 18, 25 & July 2, Pueblo of Tesuque, Portion of Sangre De VIUIT!'The speclfic ctl- the Aamodt adjudica plus afa con- Cristo Land Grant, version "1ethoq Will.tion. _sumptive use is from TaosCounty,NM. be determmed II} the ;Santa Fe County),. Record o! DeCision ;used (1) for irrigation f<?r the POJo~queBil- Ion acres of smrws Envlronmenland' appurtenant to tal Impact Statement. and described as: The m!'ve-to place of acres, a portion use Will b.e the area of Pivot 2. located to b~ served_by the within Sections 12 & RWS,located In Sant~ 13 Township 2 South FeCoul/ty. NM an~ as I',.' otherwise authorized, Continued... I Continued East Marcy Street, Santa Fe, NM fax: P.O. Box 2048, Santa Fe, NM

34 STATE OF NEW MEXI GO OFFICE OF THE STATE ENGINEER Tom Blaine, P.E. State Engineer Gregory C. Ridgley General Counsel LITIGATION & ADJUDICATION PROGRAM 130 South Capitol Santa Fe, New Mexico Mailing Address: P.O. Box Santa Fe,NM Telephone: (505) Fax: (505) October 15, 2015 Pueblo ofnambe clo Governor's Office 15A NP 102 West Via Certified Mail Delivery, Return Receipt Requested Pueblo of San Ildefonso c/o Governor's Office 02 Tunyo PO Via Certified Mail Delivery, Return Receipt Requested Santa Fe County c/o County Manager 102 Grant Ave. Santa Fe, NM Via Certified Mail Delivery, Return Receipt Requested Re: Application No. RG-1441-S through RG-1441-S-11 Pueblo of Pojoaque c/o Governor's Office 78 Cities of Gold Road Via Certified Mail Delivery, Return Receipt Requested Pueblo of Tesuque c/o Governor's Office Route 42, Box 360-T Via Certified Mail Delivery, Return Receipt Requested United States of America, Department of the Interior, Bureau of Indian Affairs, as Trustee of Pueblo ofnambe, Pueblo of Pojoaque, Pueblo of San Ildefonso, and Pueblo of Tesuque c/o William Walker, Regional Director and Christopher Banet, Trust Resources and Protection Manager 1001 Indian School Road, NW Albuquerque, NM Via Certified Mail Delivery, Return Receipt Requested into SP-5081 Greetings: Enclosed are protests to the granting of the above numbered application that has been filed with this office in a timely manner. The application has been forwarded to the Office of the State Engineer, Administrative Litigation Unit. Our office will Request a Pre-hearing Conference between all parties as soon as possible. All parties will be notified by mail when a Pre-Hearing Scheduling Conference has been set before the Hearing Unit.

35 OFFICE OF THE STATE ENGINEER ADMINISTRATIVE LITIGATION UNIT October 15,2015 Page 2 It is highly recommended that the applicant attempt to resolve the protestants' issues prior to the Pre-hearing. In the event the parties come to an agreement whereby the protests are withdrawn, please advise me in writing as soon as possible. If! may be of further assistance, please call me at (505) Sincerely, ~~ ~ s<3<afl1f~ Rozella A. Bransford, Paralegal Administrative Litigation Unit cc: Protestant wlo enclosures

36 OFFICE OF THE STATE ENGINEER ADMINISTRATIVE LITIGATION UNIT October 15, 2015 Page 3 PROTESTANTS Robert J. Malone Taos County Attorney Taos County Legal Department 105 Albright Street, Suite G Taos, NM (575) ; (575) fax Robert.malone@taoscounty.org Attorney for Taos County Beverly Duran-Cash 24 County Road 84B (505) Juan Montes P.O. Box 855 Questa, NM (575) ' Tim Cash 24 County Road 84B (505) David A. Neal 42 County Road 84B (505)

37 TAOS COUNTY LEGAL DEPARTMENT 105 ALBRIGHT STREET, SUITE G TAOS, NEW MEXICO (575) PHONE (575) FACSIMILE ROBERT J. MALONE TAOS COUNTY ATTORNEY robert.malone@taoscounty.org QUELA ROBINSON TAOS COUNTY ASSISTANT ATTORNEY quela.robinson@taoscounty.org July 8, 2015 By Hand Delivery Office of the State Engineer Water Rights Division 407 Galisteo Street Bataan Memorial Building Rm.1 02 Santa Fe, NM Re: Protest of Taos County to Application No. RG-1441-S through RG-1441-S-11 into SP-5081 for a Permit for Change in Point of Diversion and Place and Purpose of Use from Groundwater to Surface Water by the Pueblo of Nambe, the Pueblo of Pojoaque, the Pueblo of San Ildefonso.: the Pueblo of Tesuque, the United States of America, Department of the Interior, Bureau of Indian Affairs, as Trustee for the Pueblos of Nambe, Pojoaque, San Ildefonso and Tesuque and Santa Fe County. To Whom It May Concern: Please accept this letter as Taos County's protest to the above referenced application to the Office of the State Engineer (the application). Included are four copies, three for the Office of the State Engineer and one to file stamp and return to Taos County to acknowledge receipt. At its meeting of April 21, 2015, the Board of County Commissioners of Taos County voted to protest the application. Pursuant to Chapter 72, NMSA 1978, Taos County has standing as a political subdivision of the State of New Mexico. At its meeting of April 6, 2015, the Taos County Water Advisory Committee voted to recommend a protest pursuant to Taos County Ordinance , as amended by Ordinance The Ordinance establishes criteria and a procedure by which the Water Advisory Committee can evaluate the impact of an application on the public welfare and water conservation. The same or similar criteria are found in the Taos Regional Water Plan filed with the New Mexico Interstate Stream Commission pursuant to the requirement of both the Commission and the New Mexico State Water Plan that regional water plans promlieltljfdorr~t1ff(fg:ffiz State Engineer with substantive requirements based on local

38 conditions for the Office of the State Engineer to utilize III evaluating the impact of an application on water conservation and the public welfare. This protest is based on the following: (1) the proposed change is detrimental to the public welfare, (2) the proposed change is contrary to water conservation, (3) the proposed change impairs existing water rights, (4) the proposed change fails to comply with the requirements of the New Mexico Constitution, Chapter 72, NMSA 1978, and regulations adopted by the Office of the State Engineer and (5) the application fails to comply with the requirements of Chapter 72, NMSA 1978 and regulations adopted by the Office of the State Engineer. Taos County reserves the right pursuant to Chapter 72, NMSA and NMAC allege additional detail andlor additional bases for its protest et. seq. to Very truly yours, /r1--i.c~j/yt~ Robert J. Maloi Taos County Attorney io:1 Wd B-lnr~IOZ OOD r.:j! \: 'wi' H33N19Ni IN ':~j 'i71n'~!' "j ~'.. f'; :;'-}i+~o.~......_-_._

39 Office of the State Engineer Water Rights Division P.O. Box Santa Fe, NM July 6,2015 Re: Protest of Juan Montes (pro se) to Application No. RG-I44I-S through RG-I44I-S-11 into SP-50S1 for a Permit for Change in Point of Diversion and Place and Purpose of Use from Groundwater to Surface Water by the Pueblo of Nambe, the Pueblo of Pojoaque, the Pueblo of San I1defonso, the Pueblo of Tesuque, the United States of America, Department of the Interior, Bureau of Indian Affairs, as Trustee for the Pueblos of Nambe, Pojoaque, San Ildefonso and Tesuque and Santa Fe County. Please accept this protest to the water transfer cited above for the following reasons: Impairment of existing water rights and detrimental to the pnblic welfare. 1. There is no proof of availability of water to satisfy the application. 2. There is a serious question as to the nature and extent of the claimed water right since by admission of the applicant the water has not been used in more than 20 years. 3. The granting the application would result in impairment to existing water rights which may result in an unsubstantiated legal claim on my water rights which are real and wet. Litigation would cause an undue and unaffordable defense of my real water rights when it is discovered that water claimed by applicants does not exist except on paper. 4. The granting of the application would be detrimental to the public welfare of the state in setting precedence of divorcing water from the land and seiling outside of the watershed, region and in contravention to existing Taos County law and acequia traditional and customary uses. 5. The surface waters of the Rio Grande have been considered fully appropriated since the Rio Grande Compact was consummated and granting application would impair existing water right of legitimate downstream and watershed water right holders. 6. Water is not available to satisfy the present application to the extent that it can be demonstrated that the move-from lands have valid, existing, appurtenant surface or ground water rights with the appropriate priority date. 7. The beneficial use of the water claimed by applicant has not been substantiated. The water sought to be transferred would be delivered to the County of Santa Fe's water system and would serve anticipated speculative housing development and unplanned urban growth within the County. Beneficial use is the basis, measure and limit of a water right. N.M. Const. art. XVI. Prior to granting any permit the SEO should hold adequate "protested application public hearings" to determine that the issuance of a permit shall not be exercised to the detriment of valid existing water rights or detrimental to the public welfare of the State of New Mexico. Protestant requests waiver of any fees or payments to file or hearing of protestation as this would cause undue burden in exercising pro se right of protest. R7:Zs~ pan~ontes r.o. Box 855 Questa, NM Phone: 575/ in triplicate (original and two copies),

40 BEFORE THE STA IT ENGINEER STATE OF NEW MEXICO In the "fatler of Apphtalion or Sp_5081 for Pcnmt tc Change Point or DIversion and PI:Jce andor Purpose of Use or Surface W;rlm cfthe SUIt cr New Me\:ico Applrcancn No_ SP-S081 erg-1441-s through ) FOR.'tAL PROTEST OF APPLfCATION FOR PER-WT TO POINT OF DI'(ERSION AND P~ACE ANThQRJ't1U'OSE...!... B 1 i(". l '... et C?NGE P~'mll1rDlvemon an bee and.or Purpose ofuse cf'surface W.Ilcrofthc S:ale ~,rnew Mexu;o for the toikmmg reasons Ll r l-~ I '& l' p'-i; 'erehy protests ApphCJn!s' stove cned apphcanen for Permute Change A lmparrmenrotwarer Rrghts See attachment. B Dctnmcntal!\l Public Welr,}!c See attachment. C Contrcry to Conservanon _ D Other Reasons See attachment. The undersigned has SI.1ndrng to object to rhe apphcanon because I reside in EJ -J' Rancho and depend on my well (RG jf- Nlme(pn!1l) 24 county Road 848 Address/Box it CII),SI:JIc.ZIP Code (505) Phone Number., "-,~ 1'- ~~! tf~: S I 1! r

41 Subject: Formal Protest of Application for Permit to Change Point of Diversion and Place and/or Purpose of Use of Surface Waters of the State of New Mexico Reference is made to Application No. SP-S081 (Includes RG-1441-S through 1441-S-11 ) I hereby protest Applicants' above referenced application for Permit to Change Point of Diversion and Place and/or Purpose of Use of Surface Water of the State of New Mexico for the following reasons: 1. Other Reasons - The Pojoaque Basin Environmental Impact Statement (EIS) has not been published nor approved. It is premature to consider any applications for diversion of water rights without knowing the final recommendation ofthe EISthat does include a possible decision of "No Action". Further, without knowing the type and location of the proposed point of diversion in the Rio Grande that will be identified in the approved EIS, the NM Office of the State Engineer (OSE) cannot adequately assess or identify any impairments resulting from proposed diversion that will ultimately reduce the available surface water in Rio Grande via the Pojoaque Basin Regional Water System (RWS). 2. Detrimental to Public Welfare - The Cost Sharing and System Integration Agreement, Operating Agreement (Section Aamodt Settlement Act), and the Joint Powers Agreement for the Pojoaque Basin Regional Water Authority have not been executed. These documents are required/necessary per Section 5.7 of the Aamodt Settlement for the proper review and consideration any application involving the diversion of water rights. 3. Detrimental to Public Welfare - According to Section of the Aamodt Settlement, the Interstate Stream Commission shall serve as a co-applicant. The application submitted to the OSE on January 12, 2015, the Interstate Stream Commission is NOT listed as a co-applicant and thereby violates the Aamodt Settlement. 4. Other Reasons - The proposed location area for the diversion cited in the application is incorrect. It should be Wl/2 of Section 18, T19N, R8E, N.M.P.M. It is assumed Wl/2 is a connotation for western Yz of Section 18 which equals 320 acres of area that the diversion may be located. 5. Impairment of Water Rights - The RWS will provide 2,500 AFYof water to pueblo members and 1,500 AFYof water to non-pueblo members. 302 AFYof the combined 4,000 AFYfor the RWS is Reserved Water defined under Section 2.6 of the Aamodt Settlement. According to this section, this water shall not "... impair Pueblo or non-pueblo members ground water rights." Assuming the RWS becomes operational with 1) a water right of 4000 AFYincluding the Reserved Water and 2) the diversion located within 320 acres of Section 18, T19N, R8E, the RWS will significantly impair/affect many non-pueblo subsurface diversions existing within 300 feet of the Rio Grande thereby violating the provisions of Section 2.6 of the Aamodt Settlement. 6. Impairment of Water Rights - Per section 5.7, "... projected hydrologic effects of transfers of water rights for diversion by the Regional Water Authority shall include consideration of proposed remedies designed to reduce ground water effects below the threshold of impairment." No comprehensive hydrologic study using the latest modeling techniques has been completed by the Applicants or the OSE for the Nambe-Pojoaque-Tesuque basin that specifically identifies the effects of transferring sub-surface water rights to surface water rights or vice versus. Therefore, the threshold of impairment has not been identified. This has been substantiated by the 2005 Brinkman report that was co-authored by Francis West who retired as the Chief of Hydrology for the OSE. The report states a. "Given the small portion of the water budget consumptively used by domestic wells, the large portion of groundwater used by out-of-basin-wells, the possibility of significant errors in the groundwater modeling approaches, and the high degree of uncertainly in key water budget components especially the interchange between groundwater and surface water, decisions regarding actions towards domestic wells is premature." b. "Without further information on the pueblos' groundwater withdrawal it is difficult or impossible to furtnsras~$~~ihe!9'tlp~~~ of ':lpn-pueblo domestic wells withdrawals compared to other withdrawals."

42 Until such time as this threshold has been identified, any diversion from the Rio Grande will violate Section 5.7 of the Aamodt Settlement by substantially and significantly impairing any and all wells located within the subsurface alluvium area of the Rio Grande. For example the San IIdefonso Well SI48 identified in the 2001 Balleau Groundwater, Inc. study shows a 6' drawdown for this well by 2020 which includes the subsurface effects of the continued operations of the Buckman and Los Alamos wells downstream of Otowi. This clearly substantiate the impairment of existing wells within the Rio Grande Alluvium extending south past the Otowi gauging station and certainly will impair any wells existing within the 320 acres of Section 18, T19N, R8E, N.M.P.M. 7. Detrimental to Public Welfare - Currently, there is an ongoing US Army Corps of Engineer's study to be completed by 2016 that is to identify and mitigate the "... severe degradation and loss of riparian habitat along the Rio Grande and its tributaries." In addition to this study, noted below are some pertinent excerpts from the December 2013 Upper Rio Grande Impact Assessment completed by the Bureau of Reclamation with assistance from Sandia National laboratory and the US Army Corps of Engineers. a. "First, our usable, manageable water supply is projected to decline." b. "The reduced surface-water inflows to the Upper Rio Grande Basin, coupled with increases in the demand for irrigated agricultural and riparian vegetation, are projected to result in decreased reservoir storage throughout the system, with commensurate impacts on water delivery." c. "The projections presented in the Upper Rio Grande Impact Assessment present a picture of changing hydrology for the Upper Rio Grande, with implications for water management, human infrastructure, and ecosystems." The Rio Grande Impact Assessment along with the ongoing USArmy Corps of Engineer study certainly justifies the need to immediately complete a thorough and comprehensive hydrologic study of the NPT basin in order to accurately identify any adverse effects within the basin resulting from the decreasing surface water available in the Rio Grande. The Applicant needs to complete this study before any actions regarding this Application is executed. ",.:

43 I. Appliabon or Sp.5081 ror Peonitlo ChanlZ( POInt of [)fven:ion.tnd Pbc~.tndior Purpose ol'use OfSurf3Ce W~1cf50r!.he SUleorNeo.1i MC\"ICO BEFORE THESTA TE ENGINIo"ER STATE OF NEW MEXICO AppJlallOn No. SP.5081 (RG-1441.S through ) [OR,.V.AL PROTEST OF APPLICATION for PER.\.f11 TO CHANGE POINT Of DIVERSION ~ND PlACE ANPQR PURPOSE OfUSEOfSUREACfiWAIEBSQFTIfESTATCQFNrn MEXtCO POInI ol'drversron and Place.J1I!.l:orPurpose cf Use orsurf.tcc W:ller of'the State or New Mexrcc lot the 100lIl\\,lngreasons, A Impairment crwarer RIghts:. See attachment. B Detrimental 10 P1Jblu: Welr:!re See attachment. C Conlnr)'toConsernoolt _ o GIllet Reasons: See attachment. The ljmk:rstgnej n.15 sumjlng to obfet;1to jhe lpphc~u'lillle-"...1u~ Rancho and depend on my well lrg k I reside in EI I reqcest ihe Sl.lle Engu\(cr IIIdetl) ApphQlltf.tpp -:i- ~~-425"4D~~~~~-L~ Tim Cash N.tmc(pr-;nl) 24 CQunty Road 848 AddftJ.$,&:c J Clt)' Sbte ZIp Code: (505) Phone Number

44 Subject: Formal Protest of Application for Permit to Change Point of Diversion and Place and/or Purpose of Use of Surface Waters of the State of New Mexico Reference is made to Application No. SP-5081 (Includes RG-1441-S through 1441-S-11 ) I hereby protest Applicants' above referenced application for Permit to Change Point of Diversion and Place and/or Purpose of Use of Surface Water of the State of New Mexico for the following reasons: 1. Other Reasons - The Pojoaque Basin Environmental Impact Statement (EIS) has not been published nor approved. It is premature to consider any applications for diversion of water rights without knowing the final recommendation of the EISthat does include a possible decision of "No Action". Further, without knowing the type and location of the proposed point of diversion in the Rio Grande that will be identified in the approved EIS, the NM Office of the State Engineer (OSE) cannot adequately assess or identify any impairments resulting from proposed diversion that will ultimately reduce the available surface water in Rio Grande via the Pojoaque Basin Regional Water System (RWS). 2. Detrimental to Public Welfare - The Cost Sharing and System Integration Agreement, Operating Agreement (Section Aamodt Settlement Act), and the Joint Powers Agreement for the Pojoaque Basin Regional Water Authority have not been executed. These documents are required/necessary per Section 5.7 ofthe Aamodt Settlement for the proper review and consideration any application involving the diversion of water rights. 3. Detrimental to Public Welfare - According to Section of the Aamodt Settlement, the Interstate Stream Commission shall serve as a co-applicant. The application submitted to the OSE on January 12, 2015, the Interstate Stream Commission is NOT listed as a co-applicant and thereby violates the Aamodt Settlement. 4. Other Reasons - The proposed location area for the diversion cited in the application is incorrect. It should be Wl/2 of Section 18, T19N, R8E, N.M.P.M. It is assumed Wl/2 is a connotation for western Yz of Section 18 which equals 320 acres of area that the diversion may be located. 5. Impairment of Water Rights - The RWS will provide 2,500 AFYof water to pueblo members and 1,500 AFYof water to non-pueblo members. 302 AFYof the combined 4,000 AFYfor the RWS is Reserved Water defined under Section 2.6 of the Aamodt Settlement. According to this section, this water shall not"... impair Pueblo or non-pueblo members ground water rights." Assuming the RWS becomes operational with 1) a water right of 4000 AFYincluding the Reserved Water and 2) the diversion located within 320 acres of Section 18, T19N, R8E, the RWSwill significantly impair/affect many non-pueblo subsurface diversions existing within 300 feet of the Rio Grande thereby violating the provisions of Section 2.6 of the Aamodt Settlement. 6. Impairment of Water Rights - Per section 5.7, "... projected hydrologic effects of transfers of water rights for diversion by the Regional Water Authority shall include consideration of proposed remedies designed to reduce ground water effects below the threshold of impairment." No comprehensive hydrologic study using the latest modeling techniques has been completed by the Applicants or the OSEfor the Nambe-Pojoaque-Tesuque basin that specifically identifies the effects of transferring sub-surface water rights to surface water rights or vice versus. Therefore, the threshold of impairment has not been identified. This has been substantiated by the 2005 Brinkman report that was co-authored by Francis West who retired as the Chief of Hydrology for the OSE.The report states a. "Given the small portion of the water budget consumptively used by domestic wells, the large portion of groundwater used by out-of-basin-wells, the possibility of significant errors in the groundwater modeling approaches, and the high degree of uncertainly in key water budget components especially the interchange between groundwater and surface water, decisions regarding actions towards domestic wells is premature." b. "Without further information on the pueblos' groundwater ~~~dr..a)nqjjt is.,c!iffi<;.,u)t or, impossible to further assess the impacts of non-pueblo domestic wells wittfi:ira.,.j~'in:,tm~~e~~ib bther withdrawals."

45 Until such time as this threshold has been identified, any diversion from the Rio Grande will violate Section 5.7 of the Aamodt Settlement by substantially and significantly impairing any and all wells located within the subsurface alluvium area of the Rio Grande. For example the San IIdefonso Well identified in the 2001 Balleau Groundwater, Inc. study shows a 6' drawdown for this well by 2020 which includes the subsurface effects of the continued operations of the Buckman and Los Alamos wells downstream of Otowi. This clearly substantiate the impairment of existing wells within the Rio Grande Alluvium extending south past the Otowi gauging station and certainly will impair any wells existing within the 320 acres of Section 18, T19N, R8E, N.M.P.M. 7. Detrimental to Public Welfare - Currently, there is an ongoing US Army Corps of Engineer's study to be completed by 2016 that is to identify and mitigate the "... severe degradation and loss of riparian habitat along the Rio Grande and its tributaries." In addition to this study, noted below are some pertinent excerpts from the December 2013 Upper Rio Grande Impact Assessment completed by the Bureau of Reclamation with assistance from Sandia National Laboratory and the US Army Corps of Engineers. a. "First, our usable, manageable water supply is projected to decline." b. 'The reduced surface-water inflows to the Upper Rio Grande Basin, coupled with increases in the demand for irrigated agricultural and riparian vegetation, are projected to result in decreased reservoir storage throughout the system, with commensurate impacts on water delivery." c. 'The projections presented in the Upper Rio Grande Impact Assessment present a picture of changing hydrology for the Upper Rio Grande, with implications for water management, human infrastructure, and ecosystems." The Rio Grande Impact Assessment along with the ongoing US Army Corps of Engineer study certainly justifies the need to immediately complete a thorough and comprehensive hydrologic study of the NPT basin in order to accurately identify any adverse effects within the basin resulting from the decreasing surface water available in the Rio Grande. The Applicant needs to complete this study before any actions regarding this Application is executed.

46 RECEIVED 13 OFFICE OF THE STATE ENGINEER BEFORE rut STATE E~Gr..."EER STATE OF NEln!EXICO In the Matter of.\pphc3iic:>n of ~P.=5D.81 for Permn tc Cbange Pcmt of Duemcn and Place and-or Purpose of Use or Surface Waters of the State of ~C\\ ~fc":ico FOR.\l \L PROTEST Of ilpplicatiok for PERMIT TO CH.I.'\GE PON OF DIVERSION AND PLACE ANQOOR PURPOSE Of cse Of WRBeE WATERS Of THE SLUE OF SEW MEJ<.lCO. D"311Yllllld.. A...,N"'c""aLI hcrcb~ protests Apphcants' ~b(!\e Cited appbeauon for Permu tc Chantic P"IR\ of Duersion md Place and/or Purpose cf'use of Surface WltCf of the SUI.: of New!l.teXIC{' Ior the folio\\ing reasons A Impaumcnt 0[\\'3Icr Rrghu Se~_1t~~fJ.Jn~!lt......_.. _ C Conlr.;1) tc Conservcucn.. _ o Other Reasons.set ~mfnt. _ I reques the Sole Englt.e:t I{' dcn~ Apphcrnts' apphcanon fer the abcve cued reasons David A. Neal 42 county Road 14B Addrcss.&" f# CI~'l$ble'ZrpCode (505) Phone Number

47 Subject: Formal Protest of Application for Permit to Change Point of Diversion and Place and/or Purpose of Use of Surface Waters of the State of New Mexico Reference is made to Application No. SP-S081 (Includes RG-1441-S through ) I hereby protest Applicants' above referenced application for Permit to Change Point of Diversion and Place and/or Purpose of Use of Surface Water of the State of New Mexico for the following reasons: 1. Other Reasons - The Pojoaque Basin Environmental Impact Statement (EIS) has not been published nor approved. It is premature to consider any applications for diversion of waterrights without knowing the final recommendation of the EISthat does include a possible decision of "No Action". Further, without knowing the type and location of the proposed point of diversion in the Rio Grande that will be identified in the approved EIS, the NM Office of the State Engineer (OSE) cannot adequately assess or identify any impairments resulting from proposed diversion that will ultimately reduce the available surface water in Rio Grande via the Pojoaque Basin Regional Water System (RWS). 2. Detrimental to Public Welfare - The Cost Sharing and System Integration Agreement, Operating Agreement (Section Aamodt Settlement Act), and the Joint Powers Agreement for the Pojoaque Basin Regional Water Authority have not been executed. These documents are required/necessary per Section 5.7 of the Aamodt Settlement for the proper review and consideration any application involving the diversion of water rights. 3. Detrimental to Public Welfare - According to Section of the Aamodt Settlement, the Interstate Stream Commission shall serve as a co-applicant. The application submitted to the OSEon January 12, 2015, the. Interstate Stream Commission is NOT listed as a co-applicant and thereby violates the Aamodt Settlement. 4. Other Reasons - The proposed location area for the diversion cited in the application is incorrect. It should be Wl/2 of Section 18, T19N, R8E, N.M.P.M. It is assumed W1/2 is a connotation for western Y2 of Section 18 which equals 320 acres of area that the diversion may be located. 5. Impairment of Water Rights - The RWS will provide 2,500 AFY of water to pueblo members and 1,500 AFY of water to non-pueblo members. 302 AFY of the combined 4,000 AFY for the RWS is Reserved Water defined under Section 2.6 of the Aamodt Settlement. According to this section, this water shall not"... impair Pueblo or non-pueblo members ground water rights." Assuming the RWS becomes operational with 1) a water right of 4000 AFY including the Reserved Water and 2) the diversion located within 320 acres of Section 18, T19N, R8E, the RWS will significantly impair many non-pueblo subsurface diversions existing within 300 feet of the Rio Grande thereby violating the provisions of Section 2.6 of the Aamodt Settlement. 6. Impairment of Water Rights - Per section 5.7, "... projected hydrologic effects of transfers of water rights for diversion by the Regional Water Authority shall include consideration of proposed remedies designed to reduce ground water effects below the threshold of impairment." No comprehensive hydrologic study using the latest modeling techniques has been completed by the Applicants or the OSEfor the Nambe-Pojoaque-Tesuque basin that specifically identifies the effects of transferring sub-surface water rights to surface water rights or vice versus. Therefore, the threshold of impairment has not been identified. This has been substantiated by the 2005 Brinkman report that was co-authored report states by Francis West who retired as the Chief of Hydrology for the OSE. The a. "Given the small portion of the water budget consumptively used by domestic wells, the large portion of groundwater used by out-of-basin-wells, the possibility of significant errors in the groundwater modeling approaches, and the high degree of uncertainly in key water budget components especially the interchange between groundwater and surface water, decisions regarding actions towards domestic wells is premature." b. "Without further information on the pueblos' groundwater withdrawal it is difficult or impossible to further assess the impacts of non-pueblo domestic wells withdrawals compared to other withdrawals."