Public Notice File No. P-73
NOTICE OF PUBLICATION FOR FILE NO. P-73
NOTICE is hereby given that on November 24th, 2025, Robert & Heidi Vander Dussen, husband and wife, dba Hideaway Dairy South, 2709 Wilhite Rd., Clovis, NM 88101 filed with the STATE ENGINEER Application No. P-73, Application for Permit to Change the Purpose and Place of Use and Add Additional Shallow Groundwater Points of Diversion within the Portales Underground Water Basin of the State of New Mexico.
Roosevelt is the County affected by the diversion and in which the water has been or will be put to beneficial use. This notice is ordered to be published in the Clovis Livestock Market News.
The Applicants seek to Permanently Change the Purpose of Use of 483.0 Acre-feet of Irrigation Water Rights under File No. P-73 from Irrigation to Commercial Dairy Usage.
The Applicants Propose to Cease Diverting up to 483.0 acre-feet per annum for Irrigation from Existing Permitted Shallow Groundwater Points of Diversion Nos. P-73, P-73-S, and P-73-S-2, and Commence Diverting up to 207.69 acre-feet per annum for Consumptive Commercial Dairy Usage. The location of the above PODs are as follows:
Points of Diversion:
Existing: UTM NAD 83, ZONE 13 (METERS)
POD SUBDIVISION SECTION TOWNSHIP RANGE X Y
P-73 NE¼SE¼SW¼ 21 2 S. 35 E. 659065 3776252
P-73-S SE¼SW¼SW¼ 21 2 S. 35 E. 658753 3776048
P-73-S-2 SE¼SW¼SW¼ 21 2 S. 35 E. 658650 3776056
The Applicants Propose to Add Additional Existing Shallow Groundwater POD Nos. P-927-POD-6 and P-927-POD-7, Currently Permitted for Commercial Dairy Use under File No. P-927-A, located as following:
Additional Existing: UTM NAD 83, ZONE 13 (METERS)
POD SUBDIVISION SECTION TOWNSHIP RANGE X Y
P-927-POD-6 SE¼NE¼NW¼ 29 2 S. 35 E. 657415 3775771
P-927-POD-7 SE¼NE¼NW 29 2 S. 35 E. 657415 3775771
The Applicants Propose to Permanently Cease Irrigating 161.0 Acres at the following described Move-from Place of Use:
MOVE-FROM PLACE OF USE (IRRIGATION):
SUBDIVISION SECTION TOWNSHIP RANGE ACRES SW¼ 21 2 S. 35 E. 161.0
The Applicants Propose to Commence Consumptive Dairy Usage for up to 207.69 acre-feet per annum at the following described Move-to Place of Use:
PROPOSED MOVE-FROM PLACE OF USE (COMMERCIAL DAIRY):
SUBDIVISION SECTION TOWNSHIP RANGE
PT. of the E½NW¼ 29 2 S. 35 E.
File No. P-927-A is Currently Permitted for 81.27 acre-feet for Commercial Dairy at the Move-to Place of Use.
The location of Current Groundwater Points of Diversion Nos. P-73, P-73-S, and P-73-S-2 and the Place of Use is just northeast of the junction of S. Roosevelt Rd O and S. Roosevelt Rd. 10, approximately 4.5 miles southeast of the City of Portales. The Additional Points of Diversion and Move-to Place of Use are approximately 4.4 miles southeast of the City of Portales, and approximately 0.77 miles southwest of the Move-from PODs and Place of Use; all in in Roosevelt County, New Mexico.
To view the application and supporting documentation please visit the Office of the State Engineer’s website, www.ose.nm.gov, select the ‘·Notices for Publication” link at the top of the homepage, click on the county in which the application was filed, and select the relevant notice for publication.
Any person, firm or corporation or other entity asserting standing to file objections or protests shall do so in writing (objection must be legible, signed, and include the writer’s complete name, phone number, email address, and mailing address). If the protest does not include the complete name, phone number, email address, and mailing address, it may be deemed invalid and not accepted for filing unless Protestant provides with the protest an affidavit stating that it does not have one of the above-listed elements/requirements (phone number, mailing address, email address, etc.). The objection to the approval of the application must be based on: (1) Impairment; if impairment, you must specifically identify your water rights; and/or (2) Public Welfare/Conservation of Water; if public welfare or conservation of water within the state of New Mexico, you shall be required to provide evidence showing how you will be substantially and specifically affected. The written protest must be filed, in triplicate, with the State Engineer, District II, 1900 West Second Street, Roswell, NM 88201, on or before Friday, July 17th, 2026. Facsimiles (faxes) will be accepted as a valid protest if the hard copy is hand-delivered or mailed and postmarked within 24-hours of the facsimile. Mailing postmark will be used to validate the 24-hour period. Protests can be faxed to the Office of the State Engineer, 575-623-8559. If no valid protest or objection is filed, the State Engineer will evaluate the application in accordance with the provisions of Chapter 72 NMSA 1978.
Published in the Clovis Livestock Market News on May, 22, 29, and June 5, 2026.