Resolution No. SI-R20-004: Act Authorizing Signature of Pojoaque Basin Regional Water System Project Construction Agreement with Amended Exhibit A
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 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"); and,
WHEREAS, the Settlement Act requires the Secretary, acting through the Bureau of Reclamation ("Reclamation") to plan, design and construct a regional water system to divert and distribute water to four Pueblos and to Santa Fe County; and,
WHEREAS, Section 611(c) of the Act provides that the Pueblos, State and Santa Fe County shall consent to easements and rights-of-way necessary for the construction use, operation, maintenance, repair and replacement of the Regional Water System; and,
WHEREAS, the four Pueblos and Reclamation agreed that in lieu of the formal grant of easement or right-of-way, the parties will use a construction agreement that delineates construction corridors and other authorized activities within Pueblo lands; and,
WHEREAS, on Dec 20, 2019, the Council authorized signature of a form of the Pojoaque Basin Regional Water System Project Construction Agreement; and,
WHEREAS, the Pueblo had made recommendations on the construction corridors that are an exhibit to the Construction Agreement and was awaiting final response from Reclamation before signing the Construction Agreement; and,
WHEREAS, during that time and before the Construction Agreement had been signed, the COVID-19 pandemic hit and the Pueblo took actions to mitigate the spread of the virus and protect its tribal residents, including restrictions on entrance to the Pueblo's lands by non-tribal visitors, non-essential contractors or vendors; and,
WHEREAS, a COVID-19 Response Plan was developed for all contractors and their employees that will be working on the portion of the Regional Water System within the Pueblo; and,
WHEREAS, the COVID-19 Response Plan is incorporated into Exhibit A of the Construction Agreement which contains specific terms and requirements for safe access to the Pueblo for construction activities and constitutes a substantive change to Exhibit A that requires Council authorization; and,
WHEREAS, the Council finds it in the best interest of the Pueblo to authorize signature of the Construction Agreement with the amended Exhibit A that contains the COVID-19 Response Plan.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "ACT AUTHORIZING SIGNATURE OF THE POJOAQUE BASIN REGIONAL WATER SYSTEM PROJECT CONSTRUCTION AGREEMENT WITH AMENDED EXHIBIT A."
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on May 13, 2020, at a meeting with a vote of 10 in favor, 0 opposed, 0 abstaining and 0 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
William S. Christian, Council Secretary
COUNCIL REPRESENTATIVE SPONSOR(S): William S. Chrisitan
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William S. Christian | X | |||
| Terrence K. Garcia | X | |||
| Thelma Gonzales | X | |||
| Thomas Gonzales | X | |||
| Christopher Moquino | X | |||
| M. Wayne Martinez | X | |||
| Raymond Martinez | X | |||
| James L. Naranjo | X | |||
| Leon T. Roybal | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R20-004 was presented to the Governor of the Pueblo de San Ildefonso on the 13th day of May, 2020, 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.
William S. Christian, Council Secretary
{ X } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this 13th day of May , 2020.
Perry M. Martinez, Governor
Presented by the Governor to the Council on the ____ day of ____________, 2020.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William S. Christian | ||||
| Terrence K. Garcia | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| Christopher Moquino | ||||
| M. Wayne Martinez | ||||
| Raymond Martinez | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2020, 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.
William S. Christian, Council Secretary
ACT AUTHORIZING SIGNATURE OF THE POJOAQUE BASIN REGIONAL WATER SYSTEM PROJECT CONSTRUCTION AGREEMENT WITH AMENDED EXHIBIT A
Section 1.1. Short Title
This enactment shall be known as the "ACT AUTHORIZING SIGNATURE OF THE POJOAQUE BASIN REGIONAL WATER SYSTEM PROJECT CONSTRUCTION AGREEMENT WITH THE AMENDED EXHIBIT A ("Act")."
Section 1.2. Purpose
The purpose of this Act is to authorize the Governor to sign the document entitled "Pojoaque Basin Regional Water System Project Construction Agreement" ("Construction Agreement") that delineates construction corridors and establishes other authorized activities within the Pueblo's lands for the construction of the Pojoaque Basin Regional Water System, including the amended Exhibit A which includes a COVID-19 Response Plan applicable to all contractors and their employees working on construction sites within the Pueblo's lands.
Section 1.3. Findings
The Council hereby declares 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 ("Reclamation") to plan, design and construct a regional water system to divert and distribute water to four Pueblos and to Santa Fe County; and
(c) Section 611(c) of the Act provides that the Pueblos, State and Santa Fe County shall consent to easements and rights-of-way necessary for the construction use, operation, maintenance, repair and replacement of the Regional Water System; and
(d) The four Pueblos and Reclamation agreed that in lieu of the formal grant of easement or right-of-way, the parties will use a construction agreement that delineates construction corridors and other authorized activities within Pueblo lands; and
(e) On Dec 20, 2019, the Council authorized signature of a form of the Pojoaque Basin Regional Water System Project Construction Agreement; and
(f) The Pueblo had made recommendations on the construction corridors that are an exhibit to the Construction Agreement and was awaiting final response from Reclamation before signing the Construction Agreement; and
(g) During that time and before the Construction Agreement had been signed, the COVID-19 pandemic hit and the Pueblo took actions to mitigate the spread of the virus and protect its tribal residents, including restrictions on entrance to the Pueblo's lands by non-tribal visitors, non-essential contractors or vendors; and
(h) A COVID-19 Response Plan was developed for all contractors and their employees that will be working on the portion of the Regional Water System within the Pueblo; and
(i) The COVID-19 Response Plan is incorporated into Exhibit A of the Construction Agreement which contains specific terms and requirements for safe access to the Pueblo for construction activities and constitutes a substantive amendment to Exhibit A that requires Council approval and authorization; and
(j) The Council, having reviewed a form of the Construction Agreement and the exhibits thereto, including the amended Exhibit A, finds authorization of the Construction 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 Construction Agreement with the Amended Exhibit A.
(b) The Governor is authorized make any minor technical non-substantive amendments to the Construction Agreement document and exhibits thereto as may be necessary, provided that the Council is informed of such amendments.
