Pueblo de San Ildefonso Law Library

Resolution No. SI-R20-011: Act Authorizing the Governor to Proceed with Wastewater Phase II (A)

At a duly called meeting of the Council of San Ildefonso Pueblo on the 3rd day of June, 2020, the following Resolution was adopted:

WHEREAS, the Pueblo de San Ildefonso has invested in its Wastewater Collection efforts and continues to see the need to upgrade its current and outdated facility; and,

WHEREAS, the project has sought and received funding, had preliminary engineering completed and generally accepted as a Wastewater System that would be Regional in Santa Fe County (County); and,

WHEREAS, the County would need to be a major party and owner in the System to include the County providing the coordination and funding construction of the collection system infrastructure throughout El Rancho which would connect to the regional treatment plan; and,

WHEREAS, the Preliminary Engineering Report (PER) developed between 2016 and 2018 is built around this concept of a regional wastewater system that will serve the homes and the tribal buildings of the Pueblo de San Ildefonso (approx. 130 connections) and the homes of El Rancho (approx. 600 connections); and,

WHEREAS, the PER, as developed, entails a $54M project, of which the County would be required to contribute $40.6M for their portion of the collection system, plus whatever portion would correspond to the County via a cost-sharing arrangement for the construction of the proposed wastewater treatment facility at the centrally located Blue Dove site; and,

WHEREAS, other County obligations would include any analysis and review so as to insert the project into their priorities; and,

WHEREAS, eventually, a Memorandum of Understanding (MOU) between the County and the Pueblo would be required, similar to that between the county and Pueblo of Pojoaque for the development of their wastewater treatment plant; and,

WHEREAS, the MOU would have cost-sharing commitments as well as roles and responsibilities of each party in the regional system as it did in the Agreement with the Pueblo of Pojoaque; and,

WHEREAS, the PER assumed comprehensive participation by the County including the County achieving all governance hurdles and the negotiation of the MOU; and,

WHEREAS, until the County executes its full responsibility toward the system, the cost of design, construction and operation of a treatment facility will be borne solely by the Pueblo; and,

WHEREAS, an alternative would be to break up what is referred to as Phase 2 in the PER into two sub phases 2a and 2b; with 2a focused on sending wastewater collected from the homes and businesses of the Pueblo South area, currently on individual septic systems, directly to the existing lagoons, and 2b would entail construction of a force main up to the Blue Dove site once the County executes its governance responsibilities; and,

WHEREAS, the Pueblo system will include certain basic engineering consideration toward a Regional System and the Collection System for the Pueblo which could largely remain as designed for either a regional treatment plant at the Blue Dove site, or a treatment facility adjacent to the existing lagoons that serves Pueblo residents and Pueblo businesses for now; and,

WHEREAS, Pueblo leadership understands the auspices upon which funding and support has been given by the New Mexico Legislature and the executive toward a Regional System; and,

WHEREAS, in building a current system, the Pueblo intends to abide by the spirit and execution of a Regional Wastewater System with such allowances as described above; and,

WHEREAS, Pueblo leadership understands that a streamlined approach of a system for Pueblo residents and businesses is needed until full County participation.

NOW THEREFORE BE IT RESOLVED,

1. The Pueblo will proceed with evaluation of the best feasible system for construction of the collection system throughout the Pueblo Center and Pueblo South areas as designed, providing the flexibility to be used to address the immediate needs of the Pueblo, and to connect to the regional wastewater system in the future once the County has executed their full governance for the project to include funding.

2. The Pueblo will proceed with design and construction of a treatment system adjacent to the existing lagoons to take advantage of current infrastructure and land availability, which will treat the wastewater produced by Pueblo homes and businesses to a level that will allow for safe disposal of effluent to the environment without creating a source of contamination to groundwater, which the current lagoon system does not provide.

3. The proposed interim wastewater treatment solution does not preclude the Pueblo from eventually participating in the regional wastewater system presented in the PER. The Pueblo remains committed to a regional and collaborative solution, and intends to continue coordination with County officials toward that end. Once the County is ready to commit to the project via a MOU, the Pueblo and County will negotiate the terms of an agreement that will allow for construction of the proposed MBR treatment facility at the Blue Dove site, designed to accommodate the flows from the homes of El Rancho, plus potentially the homes of the Pueblo.

4. The intention of the Pueblo is to incorporate an interim wastewater treatment solution that will serve Pueblo homes until the anticipated regional wastewater collection and treatment system is fully funded and developed.

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on June 3, 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): Lt. Governor Chris Moquino

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, Jr. 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-R20-011 was presented to the Governor of the Pueblo de San Ildefonso on the 3rd day of June, 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

GOVERNOR'S ACTION:

{ X } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this __________ day of ________________________, 2020.

Perry M. Martinez, Governor

Presented by the Governor to the Council on the ____ day of ____________, 2020.

COUNCIL'S ACTION:

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, Jr.
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 THE GOVERNOR TO PROCEED WITH WASTEWATER PHASE II (A)

Section 1.1. Short Title

This enactment shall be known as the "ACT AUTHORIZING THE GOVERNOR TO PROCEED WITH WASTEWATER PHASE II (A) ("Act")."

Section 1.2. Purpose

The purpose of this act is to identify the Pueblo's current Wastewater needs (Phase 2a) to serve Pueblo residents and Pueblo businesses and, to address wastewater developments for the future (Phase 2b).

Section 1.3. Findings

The Council hereby declares that:

(a) the Pueblo de San Ildefonso has invested in its Wastewater Collection efforts and continues to see the need to upgrade its current and outdated facility; and

(b) the project has sought and received funding, had preliminary engineering completed and generally accepted as a Wastewater System that would be Regional in Santa Fe County (County); and

(c) the County would need to be a major party and owner in the System to include the County providing the coordination and funding construction of the collection system infrastructure throughout El Rancho which would connect to the regional treatment plan; and

(d) the Preliminary Engineering Report (PER) developed between 2016 and 2018 is built around this concept of a regional wastewater system that will serve the homes and the tribal buildings of the Pueblo de San Ildefonso (approx. 130 connections) and the homes of El Rancho (approx. 600 connections); and

(e) the PER, as developed, entails a $54M project, of which the County would be required to contribute $40.6M for their portion of the collection system, plus whatever portion would correspond to the County via a cost-sharing arrangement for the construction of the proposed wastewater treatment facility at the centrally located Blue Dove site; and

(f) other County obligations would include any analysis and review so as to insert the project into their priorities; and

(g) eventually, a Memorandum of Understanding (MOU) between the County and the Pueblo would be required, similar to that between the County and the Pueblo of Pojoaque for the development of their wastewater treatment plant; and

(h) the MOU, would have cost-sharing commitments as well as roles and responsibilities of each party in the regional system as it did in the Agreement with the Pueblo of Pojoaque; and

(i) the PER assumed comprehensive participation by the County including the County achieving all governance hurdles and the negotiation of the MOU; and

(j) until the County executes its full responsibility toward the system, the cost of design, construction and operation of a treatment facility will be borne solely by the Pueblo; and,

(k) an alternative would be to break up what is referred to as Phase 2 in the PER into two sub phases, 2a and 2b; with 2a focused on sending wastewater collected from the homes and businesses of the Pueblo South area, currently on individual septic systems, directly to the existing lagoons, and 2b would entail construction of a force main up to the Blue Dove site once the County executes its governance responsibilities; and

(l) the Pueblo system will include certain basic engineering consideration toward a Regional System and the Collection System for the Pueblo which could largely remain as designed for either a regional treatment plant at the Blue Dove site, or a treatment facility adjacent to the existing lagoons that serves Pueblo residents and Pueblo businesses for now; and

(m) Pueblo leadership understands the auspices upon which funding and support has been given by the New Mexico Legislature and the executive toward a Regional System; and

(n) in building a current system, the Pueblo intends to abide by the spirit and execution of a Regional Wastewater System with such allowances as described above; and

(o) Pueblo leadership understands that a streamlined approach of a system for Pueblo residents and businesses is needed until full County participation.

Law Information

Cites

  • Council Resolution No. SI-R20-011

Effective

June 4, 2020