The Cloverleaf Trust Organization, doing business as the Riverbend Hot Springs, applied for a new appropriation of 400 acre feet a year in the Hot Springs Underground Water Basin for commercial use three years ago.
Seven protestants have lined up against the new appropriation. Three of the seven are also asking that the OSE reconsider the Riverbend’s existing commercial water rights.
The three protestants are William Martin of the Martin Family Trust, doing business as the Artesian Bath house, Meleasa Malzahn, president of La Paloma Hot Springs and Spa and the City of Truth or Consequences.
They are represented by Attorney Peter Thomas White of Santa Fe.
It remains to be seen if OSE Hearing Examiner Uday V. Joshi will do as the protestants ask, but the records on the OSE website do not support the Riverbend’s existing commercial water rights or use.
The Riverbend’s largest water right is from well HS-4, which it claims has 112.04 acre feet a year.
White puts forth a document that shows only 3 acre feet a year belong to HS-4.
“In 1941, the State Engineer issued a license for well HS-4 that limited a maximum flow of 100 gallons per minute and a diversion of not to exceed 3 acre feet per annum,” White said. The document cited gives the permitted uses as “for baths” and “domestic purpose.”
Subsequent owners of the water right and an OSE field officer reinterpreted the water flow into 112.014 acre feet a year. White argues, “In New Mexico, adjudication decrees quantify diversion rights in acre-feet, not gallons per minute.”
In 2001, 2002, 2006 and 2015, the Riverbend filed a “change of ownership of water rights in well HS-4 that claimed the right to divert 112.014 acre-feet per annum,” White said, with applications attached. Evidently the prior owner and Riverbend took some time in filing the proper paperwork to transfer ownership of HS-4.
But even before the final 2015 change-of-owner filing, the Riverbend had filed two other applications to transfer some of HS-4’s water to other wells.
In May 2014 Riverbend asked that 65 acre feet a year go to well HS-379s and 27 acre feet a year go to well HS-1017-A.
The Riverbend’s 2014 applications were accepted by the OSE—two years later—on June 22, 2016, “subject to conditions of approval limiting the maximum amounts of diversion and requiring submission of records of the amounts of water diverted . . .” White said.
Before the transfer was approved, the Riverbend was pumping water from HS-379s, State Engineer reports show. In 2006 there was 58 acre feet diverted. In 2007 there was 69 acre feet diverted, White said, with records attached.
Even after the transfer was approved, it appears the Riverbend exceeded the 65 acre feet allotted, pumping 92 acre feet that year, according to the State Engineer report, which White attaches.
White argues the OSE website for well HS-4 “does not appear to support” changing the original 3 acre-feet a year diversion to 112.014, let alone the 92 acre-feet a year transferred to two other wells.