Title V of P.L. 111-291 The Abeyta Water Rights Adjudication By - - PowerPoint PPT Presentation

The Taos Pueblo Indian Water Rights Settlement Act of 2010 Title V of P.L. 111-291

The Abeyta Water Rights Adjudication By Nelson J. Cordova

Director, Taos Pueblo Water Administration Department

• A World Heritage Site and National Historic Landmark,

which has occupied present location since time immemorial.

• Taos Pueblo people subsisted by hunting and farming.
• The land base covers 111,000 acres. Current population

is 3000.

• Water resources are Rio Pueblo, Rio Lucero, Rio Hondo,

and associated springs and lakes

Taos Pueblo – The Place of the Red Willows

Town of Taos Rio Grande

Blue Lake Wilderness Tract B Tract A Taos Pueblo Land Grant Village of Taos Ski Valley Arroyo Hondo Arroyo Seco El Prado

Ranchos de Taos

2 miles

• Taos Pueblo
• Taos Valley Acequia

Association

• Town of Taos
• El Prado Water and

Sanitation District

• 12 Taos Area Mutual

Domestic Water Consumers Associations

• State of New Mexico
• United States of America

Settlement Negotiation Parties:

• Historically Irrigated Acreage

7,883.64 AFY

• Stock Ponds

114.35 AFY

• San Juan Chama Project

2,215.00 AFY

• Deep Ground Water

1,300.00 AFY

• Municipal, Industrial, and Domestic

300.00 AFY

• Stock Wells

14.72 AFY

• Rio Grande Depletion Credit

100.00 AFY Total 11,927.71 AFY (Depletion)

Water Rights secured to Pueblo through the Abeyta Settlement

Negotiation begins (Convening and Contentious Period)

• 1989: George H.W. Bush announces policy to

negotiate Indian water disputes through negotiations

• Taos Valley Acequia Association proposal to

negotiate Pueblo and acequia claims, accepted by Pueblo

• Pueblo establishes Water Task Force, appoints two

tribal councilmen as spokesmen and negotiators

• Local parties approve negotiation schedule and set

1995 as year to complete negotiation

• 2007: Draft Settlement Agreement complete, Tribal

Council approval process begins

• Parties agree to Pueblo’s Historically Irrigated

Agriculture (HIA) claim 5,712.78 acres Early negotiations were highly adversarial and contentious

• Pueblo and local parties work to introduce Abeyta legislation,

supported by NM Congressional delegation

• 2008: Pueblo delegates testify before Congressional

Committees; 2008 election results improve chance of passage

• 2010: The Taos Pueblo Water Rights Settlement Act introduced

by Senator Jeff Bingaman and Rep. Ben R. Lujan

• Senate and House pass H.R. 4783, the Claims Resolution Act of

2010 -- includes Taos Pueblo Indian Water Rights Settlement Act

• f 2010 --

Legislation (the Washington, D.C. process)

Taos Pueblo signs Settlement Agreement

• 2010: President Obama signs P.L. 111-291; process to conform

Settlement Agreement Act begins

• 2012: Taos Pueblo Tribal Council approves conformed Settlement

Agreement

• 2013: Governor Susana Martinez signs Settlement Agreement
• 2014: Pueblo and United States file Joint Memorandum in Support of

Joint Motion to Approve and Enter Partial Final Decree on the Water Rights of Taos Pueblo

• 2016: US and State of New Mexico file notice that Federal and State

Appropriations conditions have been achieved October 7, 2016: Federal Register publishes Notice to make the Settlement Final, Binding and Enforceable Governor Laureano Romero and Lt. Governor Gilbert Suazo sign the Settlement Agreement

Settlement Implementation

• Review Settlement Agreement
• Implement water sharing agreements
• Implement Mutual Benefit projects
• Preserve Buffalo Pasture groundwater and ecology
• Continue coordination with local parties, NM OSE and

Federal entities

• Address Tribal priorities

Protection of the Buffalo Pasture wetland is a core Settlement principle

Implementation of the Settlement Agreement is a long term endeavor

Tribal priorities

• Enhance Pueblo water resource management

capabilities

• Implementation of early Settlement projects
• Improving Pueblo’s irrigation system and infrastructure
• Implement Pueblo’s Water Code
• Set up investment plan for water Settlement funds
• Construct Water Administration Department facility
• Conduct water supply and demand analysis to address

future needs

Future Water Administration Department facility

1908 Pipeline crossing Rio Lucero

Taos Pueblo Tribal Council

Thank you