HOUSE MEMORIAL 3

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Patricia A. Lundstrom

FOR THE INDIAN AFFAIRS COMMITTEE

A MEMORIAL

REQUESTING THE GOVERNOR OF NEW MEXICO AND THE UNITED STATES CONGRESS TO PROVIDE ADEQUATE FUNDING FOR PROPOSED NATIVE AMERICAN WATER RIGHTS SETTLEMENTS.

     WHEREAS, the Indian water rights settlement fund was created by the legislature in 2005 to facilitate the implementation of the state's portion of Indian water rights settlements; and

     WHEREAS, no state funding was provided in 2005 for the Indian water rights settlement fund; and

     WHEREAS, on April 19, 2005, the Navajo Nation and the state of New Mexico executed a settlement agreement resolving the claims of the Navajo Nation for the use of waters in the San Juan river basin; and

     WHEREAS, the implementation of the Navajo Nation settlement in the San Juan river basin will provide water for the Navajo Indian, Hogback-Cudei and Fruitland-Cambridge irrigation projects and will result in the completion of the Navajo-Gallup water supply project, including the Farmington-Shiprock municipal pipeline, thereby making potable water available to remote areas where drinking water is not currently available; and

     WHEREAS, negotiations are continuing regarding the settlement of water rights in the Aamodt case involving the pueblos of San Ildefonso, Nambe, Pojoaque and Tesuque; and

     WHEREAS, the implementation of a settlement in the Aamodt case would secure water rights for the involved pueblos and non-Indians alike, provide a regional water system and drought reserve water supply and permit additional economic development in that region; and

     WHEREAS, negotiations are continuing regarding the settlement of water rights in the Rio Pueblo de Taos stream system; and

     WHEREAS, the implementation of a settlement of water rights in the Rio Pueblo de Taos stream system would secure water rights for the Pueblo of Taos and for non-Indians within the stream system; and

     WHEREAS, the office of the state engineer has estimated the state's share of the cost of the proposed Indian water rights settlements will be seventy-five million dollars ($75,000,000) and has recommended that this funding be appropriated in full in fiscal year 2007; and

     WHEREAS, full funding of the Indian water rights settlement fund will demonstrate the state of New Mexico's commitment to implement the settlement of disputes regarding Indian water rights for the benefit of all of the state's citizens, Indian and non-Indian alike;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the governor of New Mexico be requested to include in the governor's capital outlay appropriations for fiscal year 2007 significant funding for the Indian water rights settlement fund as a matter of statewide importance; and

     BE IT FURTHER RESOLVED that New Mexico's congressional delegation be requested to urge the involved federal agencies to cooperate in the negotiation of Indian water rights settlements in New Mexico and to support full federal funding for these settlements once they have been entered into by all parties; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to members of the state's congressional delegation, the governor of New Mexico, the office of the state engineer, the president of the Navajo Nation, the speaker of the Navajo Nation council and the governors of the pueblos of Nambe, Pojoaque, Taos, Tesuque and San Ildefonso.