11.2.10.010 Findings

(a) The Pueblo is a party in the federal water adjudication State v. Aamodt, U.S. District Court of New Mexico No 66CV6639;

(b) In 2010, the United States enacted the Aamodt Litigation Settlement Act, as part of the Claims Resolution Act of 2010, Pub. L. No. 11-291, Title VI, §§ 601-626, 124 Stat. 3064, 3134-56 (2010), which was signed into law by the President on December 8, 2010 ("Settlement Act" or "Act").

(c) The parties revised the Settlement Agreement (April 19, 2012) ("Revised Agreement") to reflect the terms of the Settlement Act, prepared Waivers consistent with the Act, and completed the Cost Sharing and System Integration Agreement ("CSSIA") as required by the Act.

(d) The Council after due consideration approved the Revised Agreement, the Waivers and the CSSIA on behalf of the Pueblo in Resolution No. SI-R12-035.

(e) The Revised Agreement and CSSIA were signed by the United States, the Pueblo and six other governments on March 14, 2013.

(f) The Council designated Option 9 "East Radial Gallery and WTP near Highway 101(D)" as it selected option for the location of the surface water diversion and water treatment plant for the Regional Water System on behalf of the Pueblo in Resolution No. SI-R13-005.

(g) The Council authorized the Governor to sign the "Memorandum of Agreement between the Bureau of Reclamation and the Pueblo de San Ildefonso to Facilitate Pueblo de San Ildefonso Involvement in the Planning, Design and Construction of the Pojoaque Basin Regional Water System" on behalf of the Pueblo in Resolution No. SI-R13-015.

(h) The Bureau of Reclamation has provided information about the proposed Pilot Water Treatment Plant Study and Horizontal Collector Well Study.

(i) The Council received a presentation from the Bureau of Reclamation and its contractor on August 22, 2013, concerning the proposed Pilot Water Treatment Plant Study and Horizontal Collector Well Study.

(j) The proposed Pilot Water Treatment Plant Study is necessary to determine the most cost effective means to treat water to meet Clean Drinking Water Standards for the Pueblo and the proposed Horizontal Collector Well Study is necessary to determine the feasibility of the Pueblo's selected option for surface water diversion.

(k) The Bureau of Reclamation needs to obtain land surveys in connection with design work for the Regional Water System.

(l) The CSSIA provides in section 2.1.2 that "facilities at San Ildefonso Pueblo" shall be given "the highest priority for construction."

(m) Land surveys of Pueblo lands required by the Bureau of Reclamation will facilitate the required priority of design and construction of the Regional Water System and also be of additional value to the Pueblo.