11.2.6.010 Findings

(a) On January 26, 2006, an amendment to the Environmental Protection Agency (EPA) Safe Drinking Water Act (SDWA) reduced the maximum contaminant level (MCL) for arsenic from 50 to 10 parts per billion (ppb).

(b) The Pajaritio water system, consisting of two wells, has an arsenic concentration range between 15 and 22 ppb and subsequently does not comply with the amended MCL.

(c) The Pueblo requested and has been granted and exemption that gives the Pueblo until January 2015 to bring the Pajaritio water system into compliance with the SDWA.

(d) In 2007, the Pueblo received and will administer a direct grant under the EPA in the amount of $783,000, which will be allocated towards drilling a 1,200 ft deep well in Pajarito ($650,000) and renovating existing Main Village Wells #1 and #2 ($133,000).

(e) On April 6, 2010, Indian Health Services (IHS) presented to the Tribal Council and recommended reducing MCL levels by developing of a new well on the East side of the Rio Grande and pumping water to Pajarito via boring locations under the Rio Grande.

(f) In September 2010, the Pueblo requested assistance from IHS to engineer and oversee construction of video inspection, pump testing, and water quality testing of Main Village Wells #1 and #2.

(g) The Pueblo and IHS entered into a Memorandum of Agreement under IHS Project, AL 10-110 for this scope of work.

(h) In March 2011, IHS helped the Pueblo secure an additional $800,000 from EPA SWDA funding to construct a new well, pumphouse, booster station, and water main extension to Pajarito under the Rio Grande through IHS project AL 11-115.

(i) Based on video inspection, pump testing, and water quality testing of Main Village Wells #1 and #2 (Old and New Community Wells), completed in March 2011, it was determined that these wells should not be used and a new community well should be drilled.

(j) In October 2011, IHS utilized their government contract with Bohannan Huston, Inc. to have a hydrogeological study performed to site the best location for a new community well.

(k) The hydrogeological study recommended drilling a new exploratory well and production well approximately 850 feet north of the existing Black Mesa Well, which will increase water system reliability and provide sufficient water supply for both the Main Village and Pajarito communities.

(l) Well construction began in July 2012 and is now nearly complete, IHS is sizing the new well pump, and the hydrogeologist has completed a 95% draft report on the well.

(m) The EPA has indicated that the direct grant ($783,000) funds will expire on October 31, 2013 and that if they are not spent, EPA will have to cancel the grant and the remaining funds will be used for a different project.

(n) IHS is working with the Pueblo and the EPA to try to spend as much of the grant direct funds as possible before they expire.

(o) IHS is currently designing a new pumphouse near the newly drilled Black Mesa Well #2, a new raw water main from the Black Mesa Well #1 to the new pumphouse, a water main extension from the new pumphouse to connect to the existing water system, a new solenoid valve, a new booster station, a water main estension from the new booster station to Pajarito existing water system which will include boring under the Rio Grande, and water system controls.

(p) To accomplish this scope of work, IHS will also be working on an environmental assessment for the water main extension to Pajarito with the boring under the Rio Grande and performing a geotechnical investigation along the water main alignment to Pajarito, especially at the boring location under the Rio Grande.

(q) The Tribal Council finds that it is in the best interest of the Pueblo to support IHS completing this scope of work.