Resolution No. SI-R17-010: Act Authorizing the Bureau of Reclamation and Its Contractors to Perform the Pilot Water Treatment Plant Testing Plan

At a duly called meeting of the Council of San Ildefonso Pueblo on the 6th day of May, 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 the draft pilot water treatment plant testing plan as part of the Aamodt water settlement. The testing plan will study the production capability of a horizontal collector well intake system at the location approved by the Pueblo, validate that the proposed water treatment process equipment will produce drinking water that equals or exceed federal and state drinking water quality standards, and obtain detailed design criteria and operating data that will serve as the basis for final designs and operations and maintenance cost estimates for the proposed water treatment plant.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled the "ACT AUTHORIZING THE BUREAU OF RECLAMATION AND ITS CONTRACTORS TO PERFORM THE PILOT WATER TREATMENT PLANT TESTING PLAN."

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on May 6, 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): CR Perry Martinez

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R17-010 was presented to the Governor of the Pueblo de San Ildefonso on the 6th day of May, 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 THE BUREAU OF RECLAMATION AND ITS CONTRACTORS TO PERFORM THE PILOT WATER TREATMENT PLANT TESTING PLAN

Section 1.1. Short Title

This enactment shall be known as the "ACT AUTHORIZING THE BUREAU OF RECLAMATION AND ITS CONTRACTORS TO PERFORM THE PILOT WATER TREATMENT PLANT TESTING PLAN ("Act")."

Section 1.2. Purpose

The purpose of this Act is to authorize the pilot water treatment plant testing plan as part of the Aamodt water settlement. The testing plan will study the production capability of a horizontal collector well intake system at the location approved by the Pueblo, validate that the proposed water treatment process equipment will produce drinking water that equals or exceed federal and state drinking water quality standards, and obtain detailed design criteria and operating data that will serve as the basis for final designs and operations and maintenance cost estimates for the proposed water treatment plant.

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 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").

(c) 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.

(d) The Settlement Act provides for the construction of a regional water system for the treatment and distribution of drinking water to the residents of the Pojoaque Basin.

(e) The U.S Bureau of Reclamation (BOR) has proposed a PBRWS pilot study for the treatment processes for the proposed Water Treatment Plant to ensure safe reliable treated drinking water. The pilot study would include a testing plan consisting of a subsurface raw water intake (Ranney-type well), microfiltration/ ultrafiltration (MF/UF) membrane filtration, nanofiltration (NF) membrane demineralization, disinfection, and solids/liquid residuals handling.

(f) The BOR provided information about the proposed Pilot Water Treatment Plant Study via the Pilot Testing Plan, Pojoaque Basin Regional Water System (PBRWS), Contract No. R17PC00023.

(g) The Council, having reviewed the Pilot Testing Plan, Pojoaque Basin Regional Water System (PBRWS), Contract No. R17PC00023, finds approval of the pilot water treatment plant testing plan in the best interest of the Pueblo to support the implementation of the Aamodt water settlement and construction of the PBRWS.

Section 1.4. Authorizations

(a) The Governor is hereby authorized to approve the pilot water treatment plant testing plan and authorize the BOR to conduct the pilot study as part of the Aamodt water settlement.

(b) The Council hereby authorizes and directs the Governor or his designee to take such actions as deemed necessary to carry out the intent and purpose of this Act.