11.2.23.030 Findings
The Council hereby finds and declares that:
(a) The Pueblo de San Ildefonso in 2010, signed the Aamodt Settlement Agreement and authorized the plan, design and construction of the Pojoaque Basin Regional Water System (PBRWS); and
(b) The Pueblo in 2010, signed the Aamodt Settlement Agreement and authorized the plan, design and construction of the Pojoaque Basin Regional Water System (PBRWS); and
(c) On February 22, 2017, the Bureau of Reclamation (BOR) awarded a four-year, $91.9 million contract, to CDM-Smith to design and build "Phase 1" of the PBRWS; and
(d) On August 15, 2017, BOR submitted to all stakeholders, the 30% design for review of design-bid-build (DBB) portion for the PBRWS; and
(e) On September 27, 2017, the Pueblo submitted comments to the 30% design portion of the PBRWS which included questions on the design report, 30% Final Design progress drawings, specifications list and the 30% Design cost estimates, which the BOR and CDM-Smith addressed those questions accordingly on December 22, 2017; and
(f) On March 01, 2018, BOR submitted to all stakeholders the 60% Final Design-Bid Build for the PBRWS; and
(g) On April 02, 2018, the Pueblo submitted comments, via SI-GC18-092, to the 60% Final Design-Bid Build portion of the PBRWS. The Pueblo's comments focused on the collector wells, pre-engineered buildings, collector well roads, transmission lines, distribution lines, integration of existing tanks, the environment impact statement and additional items; and
(h) On April 20th, 2018, the Pueblo via, SI-GC18-107, provided additional comments after the BOR and CDM-Smith held the 60% design build workshop on April 10th, 2018. The Pueblo voiced concerns regarding the purpose, reasoning, and cost analysis for operating four (4) collector wells, "riprap" at collector wells, design of electrical building, size of "water treatment plant", brine line, and additional technical issues based on additional information provided by CDM-Smith during the 60% design workshop; and
(i) On June 4, 2018, BOR concurred and agreed to moving the electrical building, lowering access road elevations, and eliminating riprap scour protection for the design project and on June 6, 2018, the Pueblo concurred with the BOR's recommendation; and
(j) On June 18, 2018, BOR submitted to all stakeholders, the Design-Bid Build 90% Final Design for the PBRWS and on July 18, 2018, the Pueblo via SI-GC18-185, rejected the 90% Final Design as presented and based on the impacts to the Pueblo's traditional cultural "Bosque" area outweighed the future benefits of the PBRWS to the Pueblo; and
(k) On September 06, 2018, the Aamodt Settlement Parties concurred with the Pueblo's request to move the electrical building, lower the access road elevations, eliminate the riprap scour protection and not agree with the "acceptance of risk", as presented in the PBRWS 90% design; and
(l) On September 14, 2018, BOR requested the Pueblo to concur and accept the risk for moving the electrical building, lowering access road elevations, and eliminating riprap scour protection, for the PBRWS design project for the redesign and recognition to the cultural significance of the Bosque to the Pueblo; and
(m) On November 13, 2018, the Pueblo, BOR, and CDM met and visited the site to discuss moving the electrical building, lowering access road elevations, and eliminating riprap scour protection for the PBRWS design project; and
(n) On January 10, 2019, BOR requested the Pueblo to review CDM-Smiths' intake mechanical/electrical building, lowering finished road grades, overall erosion control and collector well relocation recommendations for the PBWRS design project; and
(o) On January 25, 2019, BOR submitted to all stakeholders, the 90% Final Design for the PBRWS and on February 18, 2019, the Pueblo via SI-GC19-059, did not "formally acknowledge or support" the 90% design as "CDM Smith team was working on the intake redesign and was to submit via a separate package"; and
(p) On March 25, 2019, BOR reached out to all stakeholders and requested comments to CDM-Smiths' PBRWS 90% Intake Re-design for the PBRWS design project; and
(q) On April 25, 2019, the Pueblo was presented with the PBRWS Design-Build Package (Phase 1) 90% Intake Design Resubmittal (Exhibit A) and finds the design addressed the Pueblo's issues and concerns; and
(r) The Council has reviewed the design documents as presented and finds it is in the best interest of the Pueblo to accept the 90% Design-Build for Phase 1 of the PBRWS.
