Resolution No. SI-R19-019: Act Authorizing Signature of Agreement Pursuant to Section 611(G) of Title IV of the Claims Resolution Act of 2010 Relating to the Aamodt Water Settlement
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 Pueblo de San Ildefonso ("Pueblo") is a party in the federal water adjudication case of State v. Aamodt, U.S. District Court of New Mexico, No. 66CV6639, and 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"); and,
WHEREAS, the Settlement Act requires the Secretary, acting through the Bureau of Reclamation, to plan, design and construct a regional water system to divert and distribute water to four Pueblos and to Santa Fe County pursuant to an Engineering Report; and,
WHEREAS, it has been determined that the current total cost to design and construct the Regional Water System exceeds the amount authorized in the Settlement Act and related cost-sharing agreements; and,
WHEREAS, section 611(g)(1) of the Settlement Act provides that the Secretary shall initiate negotiations among the parties to address the funding shortfall and related matters; and,
WHEREAS, the Pueblos of Nambe, Pojoaque, San Ildefonso and Tesuque, the County of Santa Fe, the City of Santa Fe, the State of New Mexico and the United States of America negotiated an agreement ("611(g) Agreement") that addresses the funding authorization shortfall, cost-sharing among the State, County and the United States, cost-saving changes to the design of the Regional Water System, limited construction, and related matters; and,
WHEREAS, the Council has determined that it is in the best interests of the Pueblo to authorize signature of the 611(g) Agreement,
NOW THEREFORE BE IT RESOLVED that the Council hereby enacts the attached law entitled, "ACT AUTHORIZING SIGNATURE OF AGREEMENT PURSUANT TO SECTION 611(G) OF TITLE IV OF THE CLAIMS RESOLUTION ACT OF 2010 RELATING TO AAMODT WATER SETTLEMENT."
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on September 13, 2019, at a meeting with a vote of 6 in favor, 1 opposed, 1 abstaining and 2 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
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William Stuart Christian | X | |||
| Glenda Fred-Weahkee | X | |||
| Thelma Gonzales | X | |||
| Thomas Gonzales | X | |||
| Christopher Moquino | X | |||
| Raymond J. Martinez | X | |||
| Tim Martinez | X | |||
| James L. Naranjo | X | |||
| Leon T. Roybal | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R19-019 was presented to the Governor of the Pueblo de San Ildefonso on the 13th day of September, 2019, 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
{ } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this ___________ day of ___________________, 2019.
Perry M. Martinez, Governor
Presented by the Governor to the Council on the ____ day of ____________, 2019.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William Stuart Christian | ||||
| Glenda Fred-Weahkee | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| Christopher Moquino | ||||
| Raymond J. Martinez | ||||
| Tim Martinez | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2019, 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 AGREEMENT PURSUANT TO SECTION 611(G) OF TITLE IV OF THE CLAIMS RESOLUTION ACT OF 2010 RELATING TO AAMODT WATER SETTLEMENT
Section 1.1. Short Title
This enactment shall be known as "ACT AUTHORIZING SIGNATURE OF AGREEMENT PURSUANT TO SECTION 611(G) OF TITLE IV OF THE CLAIMS RESOLUTION ACT OF 2010 RELATING TO AAMODT WATER SETTLEMENT" ("Act").
Section 1.2. Purpose
The purpose of this Act is to authorize the Governor to sign the document entitled "Agreement Pursuant to Section 611(g) of Title IV of the Claims Resolution Act of 2010 Relating to Aamodt Water Settlement" to address the funding shortfall for the design and construction of construction of a regional water system that will divert, deliver and treat a specified quantity of water to the Pueblos of Nambe, Pojoaque, San Ildefonso and Tesuque, and Santa Fe County.
Section 1.3. Findings
The Council hereby finds that:
(a) The Pueblo de San Ildefonso ("Pueblo") is a party in the federal water adjudication case of State v. Aamodt, U.S. District Court of New Mexico, No. 66CV6639, and 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"); and,
(b) The Settlement Act requires the Secretary, acting through the Bureau of Reclamation, to plan, design and construct a regional water system to divert and distribute water to four Pueblos and to Santa Fe County pursuant to an Engineering Report; and,
(c) It has been determined that the current total cost to design and construct the Regional Water System exceeds the amount authorized in the Settlement Act and related cost-sharing agreements; and,
(d) Section 611(g)(1) of the Settlement Act provides that the Secretary shall initiate negotiations among the parties to address the funding shortfall and related matters; and,
(e) The Pueblos of Nambe, Tesuque, Pojoaque and San Ildefonso, the County of Santa Fe, the City of Santa Fe, the State of New Mexico and the United States of America negotiated an agreement ("611(g) Agreement") that addresses the funding authorization shortfall, cost-sharing among the State, County and the United States, cost-saving changes to the design of the Regional Water System, limited construction, and related matters; and,
(f) The 611(g) Agreement sets forth how the construction of the project will proceed in accordance with the consensus design concept and an amended Engineering Report based on the consensus design concept; the total cost of such construction; the allocation of the funding shortfall and funding contributions; the conditions for commencing construction of the regional water system project and transfer of such facilities; and the definition of what constitutes substantial completion of the project.; and,
(g) The Council, having reviewed a form of the 611(g) Agreement and exhibits thereto, finds approval of the 611(g) Agreement is in the best interest of this Pueblo.
Section 1.4. Authorizations
(a) The Governor is hereby authorized to sign a form of the 611(g) Agreement in coordination with the Pueblos of Nambe, Pojoaque and Tesuque, Santa Fe County, the City of Santa Fe, and the State of New Mexico.
(b) The Governor is authorized to make any minor technical non-substantive amendments to the 611(g) Agreement document as may be necessary, provided that the Council is informed of such amendments.
