Resolution No. SI-R17-005: Act Authorizing Location of Water Treatment Plant 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; the governing document of the Pueblo; and

WHEREAS, the Council finds that it is in the best interest of the Pueblo to authorize the location of the Water Treatment Plant within the Pueblo's lands for the Pojoaque Basin Regional Water System; and

WHEREAS, this Act shall supersede SI-R13-005 pertaining to Council's approval of a prior location for the Water Treatment Plant.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled the "ACT AUTHORIZING LOCATION OF WATER TREATMENT PLANT 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-R17-005 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 LOCATION OF WATER TREATMENT PLANT AS PART OF AAMODT WATER RIGHTS SETTLEMENT

Section 1.1. Short Title

This enactment shall be known as the "ACT AUTHORIZING LOCATION OF WATER TREATMENT PLANT AS PART OF AAMODT WATER RIGHTS SETTLEMENT("Act")."

Section 1.2. Purpose

The purpose of this Act is to authorize the location of the water treatment plant within the Pueblo de San Ildefonso's ("Pueblo") lands as 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 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.

Section 1.4. Authorizations

(a) SI-R13-005 is hereby rescinded.

(b) The Council hereby authorizes the Governor to notify the BOR that the Council has authorized the Governor to select Location B as the site for the location for the water treatment facility for the Pojoaque Basin Regional Water System.