11.2.13.010 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 2006, after thirty-five years of litigation, and five years of negotiations, the Pueblo, the other three Pueblos, and other parties involved in the Aamodt case executed the Settlement Agreement (Jan. 19, 2006) to settle this water rights adjudication.

(c) The Pueblo, the United States and six other governments approved the Settlement Agreement (April 19, 2012), signed March 13, 2013 ("Revised Agreement") which includes terms required by the Settlement Act.

(d) As part of the Aamodt Litigation Settlement, the United States appropriated $15 million to the Pueblos Conservation Fund, to be allocated as directed by the four Pueblos.

(e) Terms contained in the Pueblo Economic Development Water Agreement signed by the four Pueblos were based on the Pueblo de San Ildefonso receiving Pojoaque Pueblo's share of the increased value of the Pueblo's Conservation Fund in exchange for waiving annual payments by the Pueblo of Pojoaque required by the Forbearance Agreement between the two Pueblos, which is one of the requirements of the Aamodt Litigation Settlement.

(f) The Act and the Pueblo Economic Development Water Agreement signed July 18, 2013 by the Pueblo Governor, and Governors of the thee other Pueblos in the Aamodt Litigation, provides over $6 million for use by the Pueblo, within the limits specified in the Act.

(g) The Act at section 617(c), and 615(c)(7) allows the Pueblo to use these funds for any water related infrastructure activity "that is more cost-effective when implemented in conjunction with the construction of the Regional Water System, as determined by the Secretary [of the Interior].

(h) The Scope of Work and Budget of $1,200,000 which is attachment A to this resolution has been approved in the amount of $976,000 by the Southwest Regional Director of the BIA in compliance with the Act. BIA approval letter is attachment B. It authorizes release of $976,000 to the Pueblo from its Aamodt settlement account. $976,000 will benefit the Pueblo be investing in the transition to the Regional Water System, in ways which include plans and designs for a new wastewater system, and environmental work, and overall planning and management for coordination of utilities, including water and wastewater, and cultural resources protection and human health within the Pueblo.

(i) Certain items in the Scope of Work which is attachment A as approved in Attachment B to this resolution will be recurring annually until the Aamodt Litigation Settlement has been completely implemented, estimated to be 2024. These items include water project manager, staff time, legal support, and work to be performed by the Bureau of Reclamation.

(j) The Pueblo has requested Reclamation to do environmental analysis in conjunction with its designing for the Regional Water System, so that the Pueblo can install new wastewater infrastructure as the Regional Water System is being designed and built for use within the Pueblo.

(k) The Pueblo is negotiating with Santa Fe County to resolve long standing road trespass issues. To assist that effort, funds will be used to pay half the cost estimate for a right-of-way survey to use in negotiating roads right-of-way with the County, which can be used by Reclamation as part of its design process for the Regional Water System.

(l) A Contributed Funds Agreement between the Pueblo and the Bureau of Reclamation for "Reclamation work" requires that the Pueblo make quarterly payments to the Bureau of Reclamation for services to be provided in the following quarter which were requested by the Pueblo that go beyond the environmental and design work needed for the Regional Water System.

(m) The federal process for approving this request involves sending it to the Regional Director of the Bureau of Indian Affairs, for his approval; after that approval, it would be sent to the Northern Pueblos Agency (NPA) for approval by the Superintendent to withdraw the amount specified in this Resolution; after that approval, the request goes to the Office of Special Trustee (OST), which will transfer the money to the account designated by the Pueblo.