Resolution No. SI-R17-004: Act Authorizing Signature of Joint Powers Agreement as Part of Aamodt Water Rights Settlement

At a duly called meeting of the Council of San Ildefonso Pueblo on the 21st day of March, 2017, the following Resolution was adopted:

WHEREAS, the Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

WHEREAS, the Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

WHEREAS, the Council finds that it is in the best interest of the Pueblo to authorize signature of the Joint Powers Agreement (JPA) as part of the Aamodt water rights case, including authorization of the limited waiver of sovereign immunity as provided in Article 19(h) of the JPA; and

WHEREAS, this Act shall supersede any previous resolutions pertaining to Council approval of a prior form of the Joint Powers Agreement.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled the, "ACT AUTHORIZING SIGNATURE OF JOINT POWERS AGREEMENT AS PART OF AAMODT WATER RIGHTS SETTLEMENT."

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on March 21, 2017, at a meeting with a vote of 9 in favor, 0 opposed, 0 abstaining and 1 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R17-004 was presented to the Governor of the Pueblo de San Ildefonso on the 21st day of March, 2017, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4(c), and will become effective after signature by the Governor or veto override by the Council.

Irene Tse-Pe, Council Secretary

GOVERNOR'S ACTION:

{ } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this __________ day of _______________________, 2017.

James R. Mountain, Governor

Presented by the Governor to the Council on the _______ day of ________________, 2017.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2017, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

ACT AUTHORIZING SIGNATURE OF JOINT POWERS AGREEMENT AS PART OF AAMODT WATER RIGHTS SETTLEMENT

Section 1.1. Short Title

This enactment shall be known as the "ACT AUTHORIZING SIGNATURE OF JOINT POWERS AGREEMENT AS PART OF AAMODT WATER RIGHTS SETTLEMENT ("Act")."

Section 1.2. Purpose

The purpose of this Act is to authorize the Governor to sign the Joint Powers Agreement ("JPA") which is a part of the implementation of the water rights settlement agreement in the federal water adjudication case of State v. Aamodt, U.S. District Court of New Mexico, No. 66CV6639 ("Aamodt case").

Section 1.3. Findings

The Council hereby finds and declares that:

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

(b) In 2010, the United States enacted 1the 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").

(c) The parties 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 Cost Sharing and System Integration Agreement ("CSSIA") as required by the Act.

(d) The Council after due consideration approved the Revised Agreement, the Waivers and the CSSIA on behalf of the Pueblo in Resolution NO. SI-R12-035.

(e) The four Pueblos of Nambé, Pojoaque, San Ildefonso and Tesuque that are parties to the Aamodt case signed the Settlement Agreement conformed to the Act on March 14, 2013, together with the other four governments affected by the Act.

(f) Section 9.5 of the Settlement Agreement requires the four Pueblos and Santa Fe County ("County") to create the Pojoaque Basin Regional Water Authority ("Regional Water Authority") prior to Entry of the Final Decree in accordance with the provisions of the Settlement Agreement and the August 27, 2009 Cost-Sharing and System Integration Agreement (Cost-Sharing Agreement) signed by the United States, the State, the four Pueblos, the County, and the City.

(g) Since 2013, the four Pueblos negotiated with the County to develop terms for a JPA to establish a Regional Water Authority to operate the Pojoaque Basin Regional Water System which the United States is building as required by the Settlement Act.

(h) The Pueblo had previously approved a form of the JPA which was later revised as a result of on-going negotiations between the parties.

(i) The Pueblo de San Ildefonso, as one of the four NPTWRA Pueblos, negotiated in good faith certain terms with Santa Fe County representatives in April 2016, but the County later disagreed with the negotiated terms, and after several meetings with the four Pueblos, including several public meetings, proposed terms different than those previously negotiated with the NPTWRA Pueblos. Despite the Pueblos' opposition, Santa Fe County adopted its proposed terms at a meeting on December 13, 2016.

(j) On December 13, 2016, Santa Fe County by Resolution No. 2016-146 approved the form of the JPA.

(k) Article 19(H) of the proposed JPA requires the respective Pueblo and County governing bodies to adopt resolutions approving the JPA, "including the limited waiver of sovereign immunity provided therein."

(l) Action on the JPA by the individual Tribal Councils of the Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque on the JPA is needed in order to create the Regional Water Authority.

(m) The Council, having reviewed a form of the Joint Powers Agreement, and despite the concern about the changed terms by Santa Fe County, finds approval of the Joint Powers Agreement, which includes a limited waiver of the Pueblo's sovereign immunity, is in the best interest of this Pueblo and in the interest of moving the Aamodt Settlement forward.

Section 1.4. Authorizations

(a) The Governor is hereby authorized to sign a form of the Joint Powers Agreement, that also includes the limited waiver of sovereign immunity provided in Article 19(H), in coordination with the other three Pueblos and Santa Fe County.

(b) The Governor is authorized to make any minor technical non-substantive amendments to the Joint Powers Agreement document as may be necessary, provided that the Council is informed of such amendments.

(c) This Act supersedes any previous resolutions pertaining to Council approval of a prior form of the Joint Powers Agreement.