11.2.18.050 Findings

The Council hereby finds and declares that:

(a) The Pueblo is a party in the federal water adjudication case of State v. Aamodt.

(b) As part of the implementation of the Aamodt Settlement, a regional water system will be constructed by the U.S. Bureau of Reclamation ("BOR"), with the primary intake and treatment facilities for the system being located on Pueblo lands.

(c) On December 22, 2016, BOR requested that the Pueblo approve a location for the water treatment plant and identified three (3) potential locations as follows:

(1) 101D East – located on the east side of 101D south of electric substation (Location A);

(2) 101 West – located on the west side of 101D across from the electric substation (Location B);

(3) Highway 502 – located at the northwest side of intersection of Highway 502 and 101D (Location C).

(d) The Council had previously authorized a site, identified herein as Location A, as the preferred site pursuant to Council Resolution SI-R13-005.

(e) In its December 22, 2016 letter, the BOR identified issues with the locations as summarized follows:

(1) Location A lies within a flood zone, is restrictive in size, will require relocation of power poles and substantial fill material to level the site.

(2) Location B will require relocation of some power poles and will require excavation of the hill at the site.

(3) Location C is the preferred location of BOR because it requires no excavation or relocation of power poles.

(f) Traditional leaders of the Pueblo have been informed of BOR's recommendation and have toured the potential locations, along with several Council Representatives.

(g) In consultation with the Traditional leaders, the Council has evaluated all of the locations and determined that:

(1) Location C is not acceptable for the treatment plant site because it will limit the Pueblo's future economic development at that location, but may be used as a temporary construction staging area for the regional water system; and

(2) Location A is not acceptable because it lies within a flood zone and due to other restrictions; and

(3) Location B is the most favorable location because of the limitations of the other proposed sites, and that excavated material from Location B can be sold for use in the construction of the regional water system.

(h) The Council has determined that it is in the best interest of the Pueblo to rescind SI-R13-005 relating to the previous preferred location, and to now approve Location B as the site for the location for the water treatment facility for the Pojoaque Basin Regional Water System.