Implementation of the Taos Pueblo Indian water rights settlement

The Claims Resolution Act of 2010 was signed into law on December 8, 2010, authorizing the settlement of two long-running New Mexico Indian water rights cases. Title V, the Taos Pueblo Indian Water Rights Settlement Act, authorizes implementation of the Abeyta (Taos Pueblo) settlement. The Settlement Act authorizes and directs the Bureau of Reclamation to provide financial assistance in the form of grants on a non-reimbursable basis to plan, permit, design, engineer, and construct Mutual-Benefit Projects that will minimize adverse effects on the Pueblo’s water resources by moving future non-Indian ground water pumping away from the Pueblo’s Buffalo Pasture, a culturally sensitive wetland. The Federal Team is working with the Mutual-Benefit Project parties as they get ready for the on-the-ground phase of settlement implementation. Reclamation’s Albuquerque Area Office is in the process of completing environmental compliance and awarding grants to the entities that are moving forward with their projects.

The overall cost of the settlement is $144 million, of which $124 million would be paid by the Federal government and $20 million by the State of New Mexico. The total federal contribution of $124 million includes $88.0 million directed to the Bureau of Indian Affairs for the Taos Pueblo Water Development Fund, and a $36 million settlement fund ($16 million mandatory and $20 million discretionary funds) directed to Reclamation for the Mutual-Benefit Projects.

Only the eligible non-Pueblo entities identified in section 503(1) of the Settlement Act are eligible to receive financial assistance.

Only the eligible non-Pueblo entities identified in section 503(1) are eligible to receive financial assistance.

The award of the financial assistance is mandatory. See section 507(a) of the Settlement Act. Reclamation will conduct a workshop to inform and educate the eligible non-Pueblo entities about the procedures for entering into financial assistance agreements and the responsibilities of the parties. Section 509(d) authorizes the Secretary, acting through Reclamation, to enter into such agreements and to take such measures as the Secretary may deem necessary or appropriate to fulfill the intent of the Settlement Agreement and Settlement Act.

Reclamation will follow normal award procedures to provide mandatory financial assistance.

Varies depending on the type and complexity of the project. Further information will be available for each of the eligible non-Pueblo entitles, as specified in the assistance agreement.