EFTA00309073.pdf

STATE OF NEW MEXICO OFFICE OF THE STATE ENGINEER District I SCOIT A. VERH1NES, P.E. 5550 San Antonio Drive NE STATE ENGINEER Albuquerque, NM 87109-4127 (505) 383-4000 January 7, 2013 ATTN: Mr. Brice Gordon Cypress, Inc. 49 Zorro Rancho Road Stanley, NM 87056 OSE Permit No. E-7871 Dear Mr. Gordon: Please find the enclosed Permit to Change Location of Well, which has been approved subject to the attached Conditions of Approval. Sincerely, 69eutize David B. Anderson Water Resource Specialist Senior Enclosure EFTA00309073  14 -52'43 yo. E.- 1211 tiar" NEW MEXICO OFFICE OF THE STATE ENGINEER APPLICATION FOR PERMIT TO CHANGE AN EXISTING WATER RIGHT (Non 72-12-1) (check applicable boxes): For fees, see State Enpneer websiw: Aviwr.coe.state nrn.usi O Change Purpose of Use 0 Change Point of Diversion (P00): O Additional Groundwater Point of From: (81 Groundwater Diversion (POD) O Change Place of Use O Surface Water To: 0 Groundwater O Additional Surface Water Point of Diversion (POD) • Surface Water O Temporary Change, NMSA 1978, § 72-12-7 Requested Start Date: Requested End Date: O Water Use Lease, NMSA 1978, §§ 72-8- to-7 Requested Stan Date: Requested End Date: 1. APPLICANT(S) (Required) Note: water-right owner must be listed as an applicant. Name: Cypress, Inc. Name: Contact or Agent: check here if Agent O Contact or Agent: check here if Agent O Brice Gordon Mailing Address: 49 Zorro Ranch Road Mailing Address: City: Stanley City: State: NM Zip Code: 87056 State: Zip Code: Phone: 505.934-2809 O Home 0 Cell Phone: O Home O Cell Phone (Work): 505-938-2920 Phone (Work): E-mail (optional): E-mail (optional): 2. CURRENT OSE FILE INFORMATION (Required) OSE File No(s): E-78714-2 under E-7871 et al. Priority Date (if known): Nov. 20, 2000 3. CURRENT PURPOSE OF USE AND AMOUNT OF WATER (Required) 0 Domestic 0 Livestock 0 Irrigation Amount of Water (acre-feet per annum): If more details are O Municipal O Industrial O Commercial needed, type 'See Comments' in "Other field below, and explain in Additional Statements Secton. Other Use (specify): Ranch Related Diversion: 68 Describe a specific use If applicable (i.e. sand 8 gravel wasting, Consumptive Use: 68 dairy etc): Other (include units): FOR OSE INTERNAL USE Application for Permit, Form wr-06. Rev 4/11/12 8Z :1 14d Z-130 ZI0Z no Number: Tm Number: Trans Description (optional): Sub-Basin: PCWILOG Due Date: PM Due Date: Page 1 of 6 EFTA00309074 4. COUNTY WHERE WATER RIGHT IS CL,..HENTLY USED (Required) Santa Fe 6. ADDITIONAL STATEMENTS CONCERNING THE CURRENT WATER RIGHT 6. CURRENT or MOVE-FROM POINT(S) OF DIVERSION (POD) (Required) O Surface POD OR 0., Ground Water POD (Well) Name of ditch, acequitt or spring: Stream or water course: Tributary of: if application priAooses 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 induded in this application packet. POD Location Required: Coordinate location must be reported in NM State Plane (NAD 83), UTM (NAD 83), or Latitude/Longitude (Lid/Long - WGS84). District II (Roswell) & District VII (Cimarron) customers, provide a PLSS location in addition to above. 0 NM State Plane (NAO83) (Feet) O UTM (NAD83) (Meters) O Lat/Long (WGS84) (to the nearest NI NM West Zone Ozone 12N 1/10th of second) II NM East Zone Ozone 13N Cl NM Central Zone Provide if known: -Public Land Survey System (PLSS) X or Easting or Y or Northing (Quarters or Halves , Section, Township, Range) OR POD Number (if known): Longitude: or Latitude: - Hydrographic Survey Map & Tract OR - Lot, Block & Subdivision; OR - Land Grant Name E-7871-S-2 1,718,278° 1,540,740' SE 114 NE 1/4 SW 1/4 of Sec. 28, Twp. 12 N, R 9E, NMPM Santa Fe County Well is undrilled; coordinates represent center of ten-acre PLSS location. NOTE: If more PODS need to be described, complete form WR-08 Attachment 1 - POD Descriptions) Additional point of diversion descriptions are attached: O Yes es No If yes, how many Point of Diversion is on Land Owned by: Cypress, Inc. Other description relating point of diversion to common landmarks, streets, or other: 9Z:1 'rid Z- 130 ZI01 FOR OSE INTERNAL USE Application for Permit, Form wr-08 Fie Nurnber. Trn Number Pape 2 of EFTA00309075 7. CURRENT or MOVE -FROM PLACE(S) C.:)USE (Required) The land is legally described by (check all that apply): 0 Hydrographic Survey Report a Map et Public Land Survey System (PISS) (quarters. section, MI Subdivision township, range) El Grant • Irrigation or Conservation District Map Complete the blocks below for all tracts of land (more than one description can be provided for a tract if ava table): PLSS Quarters or Halves. PLSS PLSS PLSS Acres Priority and/or Section Township Range Name of Hydrographic Survey, and/or wig& and/or Map No. Tract No. Name of Irrigation or Conservation Dist r A, and/or (Please kst each tract and/or Lot No. individually) Name and County of Subdivision ;and/or and/or Block No. Grant SW 1/4 SW 1/4 NE 1/4 15 12N SE 4 SE 1/4 22 1211 9E 20 Total Acres: 24 Other description relating place of use to common landmarks, streets, or other: Place of use is on land owned by (required): Cypress, Inc. Are there other sotrces of water for these lands? No 0 Yes 0 describe by OSE file number: E.6478 Note: If on Federal or State Land, please provide copy of lease. 63 :1 S•18 Z- 130 1101 FOR OSE INTERNAL USE Application for Permit, Form wr-06 File Number Tm Number: Page 3 06 EFTA00309076 8. MOVE-TO PURPOSE OF USE AND AM _ AT OF WATER (Complete this section ONL' the purpose of use is changing) O Domestic O Livestock O Irrigation Amount of Water (acre-feet per annum): If more details are O Municipal O Industrial O Commercial needed, type 'See Comments" in 'Other field below, and explain in Additional Statements Section. O Other Use (specify): Diversion: Describe a specific use If applicable (i.e. sand & gravel washing, dairy etc): Consumptive Use: Other (mclude units): 9. MOVE-TO POINT(S) OF DIVERSION (POD) (Complete this section ONLY if adding or replacing a POD) • Surface POD OR Ground Water POD (Well) Name of ditch, acequia, or spring: Stream or water course: Tributary of: If application probes a new point of diversion involving a diversion dam, storage dam, main canal, and/or pipeline, complete Attachment 2. O Check here if Attachment 2 is included In this application packet. POD Location Required: Coordinate location must be reported in NM State Plane (HAD 83), UTM (NAD 83), gl Latitude/Longitude (LaULong - WGS84). District II (Roswell) & District VII (Cimarron) customers, provide a PLSS location in addition to above. 0 NM State Plane (NAD83) (Feet) O UTM (NAD83) (Meters) O Lat/Long (WGS84) (to the nearest O NM West Zone OZone 12N MO^ of second) O NM East Zone Ozone 13N 0 NM Central Zone Provide if known: -Public Land Survey System (PLSS) X or Easting or Y or Northing (Quarters or Halves , Section, Township, Range) OR POD Number (if known): Longitude: or Latitude: - Hydrographic Survey Map & Tract; OR - Lot, Block & Subdivision; OR - Land Grant Name E-7871-POD 4 1726330 1540520 NOTE: If more PODS need to be described, complete form WR-08 Attachment 1 — POD Descriptions) Additional POD descriptions are attached: ICI Yes 0 No If yes, how many Other description relating point(s) of diversion to common landmarks, streets, or other: Point of Diversion is on Land Owned by: Cypress, Inc. Note: The following information Is for wells only. If more than one (1) well needs to be described, provide attachment. Approximate depth of well (feet): 760.00 I Outside diameter of well casing (inches): 6.63 Driller Name: Hydrogeologic Services, Inc. Driller License Number: WD 1472 If replacing the &enk vititti is dint dotardt!Zbil to be plugged? O Yes O No 0 Not Applicable If No. state for what use it is retained: '-vv`Arlette: r ,:EY.13 Application for Permit, Form wr-06 FOR OSE INTERNAL USE Fie Number. Tm Number: Page 4 de EFTA00309077 10. MOVE-TO PLACE(S) OF USE (Comp .4 this section ONLY if adding or changing a fr.ace of use) List each individually The land Is legally described by (check all that apply): 0 Hydrographic Survey Report or Map 0 Public Land Survey System (PLSS) (quarters. section, 0 Subdivision township, range) MI Grant M Irrigation or Conservation District Map Complete the blocks below for all tracts of land (more than one description can be provided for • 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 fist each tract tasks?! Lot No. individually) Name and County of Subdivision an /or 1.. .91 Block No. Grant Total Acres: Other description relating place of use to common landmarks, streets, or other: Place of use is on lend owned by (required): Are there other sources of water for these lands? No 0 Yes 0 describe by OSE file number: Note: If on Federal or State Land, please provide copy of lease. 53:f 14d 3- 1.30Z101 • aValefffif 3ivIc FOR OSE INTERNAL USE Application for Permit, Form wr-06 File Number Tm Number. Page 5 of 6 EFTA00309078  11. ADDITIONAL STATEMENTS OR EXPLANATIONS See supplemental page attached hereto. ACKNOWLEDGEMENT I, We (name of applicant(s)), Frank M. Bond, Attorney at Law Print Name(s) affirm that the foregoing statements are true to the best of (my, our) knowledge and belief. 47‘. VIA Applicant Signature Applicant Signature ACTION OF THE STATE ENGINEER This application is: it 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 pubic welfare and further subject to the attached conditions of approval. Witness my hand and sea! this It day of 20 IS . for the State Engineer, Scott A. Verhines, P.E. St . Stale Engineer a -//Z g"4 Cr Vagl ic, Signature Print Titie: Print aiiii — i‘trre 136 :1 li 6- Ju LIBZ e-- - a. ,,etyase r •: *1,44 ?fiCiSAINE-N •>-:1).• 1 K;r7M9 FOR OSE INTERNAL USE Application for Permit, Form wr-06 File Number: E k Trn Number: Page 6 of 6 EFTA00309079 Cypress, Inc.'s Application for Permit to Change an Existing Water Right OSE File: E-7871-S-2 under E-7871 et al. 11. Additional Statements or Explanations. 1. This application is being filed to effect the Settlement Agreement between Appal:ant and Water Rights Division of the New Mexico State Engineer executed on November 1.2010 ("Settlement Agreement"). 2. The applicant under exploratory wel permit number E-7871-POD4 has encountered a groundwater supply sufficient to address the requirements of the Settlement Agreement. 3. Accordingly, this application seeks to move the presently permitted, but yet to be drilled well E-7871-S-2 to the site of exploratory well, E-7871-P004. 4. The exploratory well, E-7871-P004, is drilled to a depth of 760 feet in the Manor* shale formation. The well screens are placed at a depth of 390 to 750 feet, and the well is expected to produce approximately 25 gem. 5. The underlying OSE permit, E-7871 approved on March 21. 2003. authorized a diversion and consumptive use totaling 88 acre-feet per annum with up to 80 acre-feet per annum for Irrigation. The permitted purposes of use are domestic, stock, and ranch-related purposes, which include wash down of facilities and equipment, dust suppression, and other ranch property maintenance activities, and irrigation. The 68 acre-feet of water per annum is authorized to be diverted from any or al of the following webs: well no. E-7871, well no. E-7871-S, and well no. E-7871-S-2. 63 :1 14c1 3— 1301101 131083115Thrg WAS363‘.000I03100C1WR-06 Supp to Application to Change Location Adiitional Commeras.doex EFTA00309080 Permit No. E-7871 Page 1 of 2 CONDITIONS OF APPROVAL This application to change location of well is hereby approved. 1. This application is approved as follows: Permittee: Cypress, Inc. Permit Number: E-7871 Application File Date: October 2, 2012 Notice for Publication: October 3, 2012 Affidavit of Publication: October 26, 2012 (Mountain View Telegraph) December 3, 2012 (Santa Fe New Mexican) Priority: November 20, 2000 Source: Groundwater from the aquifer within the Mancos shale administered as part of the Mesozoic Era layer in the OSE groundwater flow model Point of Diversion: Move from: E-7871-S-2 to have been located in the SE'/. NE/ SW% Section 28, Township 12 North, Range 9 East, NMPM, Santa Fe County. Move to: E-7871-POD4 constructed at a point described as X=1,726,330 feet; Y=1,540,520 feet, NMSPCS, Central Zone, NAD83, Santa Fe County, and supplemental to E-7871 constructed in the NW1/4 SE1/4 NE1/4 of Section 20, Township 12 North, Range 9 East, NMPM, Santa Fe County; E-7871-S constructed at a point described as 35° 14' 5.9" North Latitude, 105° 57' 45.8" West Longitude, within the NE'/. NE' SE'/. Section 27, Township 12 North, Range 9 East, NMPM, Santa Fe County. EFTA00309081 Permit No. E-7871 Page 2 of 2 Purpose of Use: Domestic, livestock, irrigation, and ranch-related purposes, which include wash down of facilities and equipment, dust suppression, and other ranch property maintenance activities. Place of Use: 24 acres of land described as follows: 4 acres in the SW1/4 SW1/4 NE1/4 of Section 15, Township 12 North, Range 9 East, NMPM, and 20 acres in the SE1/4 of Section 22, Township 12 North, Range 9 East, NMPM. Amount of Water: 68 acre-feet per annum from all sources under file no. E-7871 combined. Of that, up to 60 acre-feet per annum may be used for irrigation. 2. Wells E-7871, E-7871-S, and E-7871-S-2 shall be equipped with totalizing meters of types and at locations approved by, and installed in a manner acceptable, to the State Engineer. 3. Records of the actual meter readings from Wells E-7871, E-7871-S, and E-7871-POD4 shall be submitted to the State Engineer in writing on or before the 10th day of January, April, July, and October, for the preceding three calendar months. Please submit to the District I Office of the State Engineer a one-time photograph of each meter that clearly shows the face of the meter and is labeled with the well's file number,. Meter report forms are located at the following URI,: <http://www.ose.state.nm.us/doing-business/forms-inst/wr-26.pdf5. 4. The permittee shall utilize the highest and best technology to ensure conservation of water to the maximum extent practical. 5. Proof of Completion of Well shall be filed with the Office of the State Engineer on or before January 2, 2015. Witness my hand and seal this 7th day of January, A.D. 2013. S, P.E. ENGINEER A. Cervantes Water Resource Supervisor • - . EFTA00309082