11.2.2.010 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) The Pueblo is independently represented by its attorney Peter C. Chestnut and the law firm of Chestnut Law Offices, P.A. in the Aamodt water settlement negotiations and lawsuit.

(c) 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.

(d) 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").

(e) The Settlement Act approved the Settlement Agreement with certain changes, required the Pueblos to execute revised waivers and releases regarding their water rights defenses in the Pojoaque River Basin and any claims for more water rights in that Basin beyond what the Settlement Agreement provides ("Waivers"), and approved the Cost Sharing and System Integration Agreement ("CSSIA") previously prepared by the settlement parties.

(f) The parties have now 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 CSSIA as required by the Act.

(g) The revised Agreement, the Waivers and the CSSIA are consistent with the terms of the Act and provide for the present and future water needs of the Pueblo.

(h) The completion and approval of the Revised Agreement, the Waivers and the CSSIA are important milestones in completing the water adjudication involving the four Pueblos.

(i) The Council recognizes that additional work will be needed for years ahead to complete the process described in the Settlement Act and the Revised Agreement.

(j) The Council after due consideration determine approval of the Revised Agreement, the Waivers and the CSSIA by the Pueblo to be in the best interest of the Pueblo.