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 Pueblos water resources by moving future non-Indian ground water pumping away from the Pueblos 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. Reclamations 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.

Active 15.565 Bureau of Reclamation, Department of The Interior B - Project Grants Fiscal Year 2017 The first grant for $4M was awarded in FY17, and at least one more grant should be awarded early in FY18. There are questions that will need to be resolved about who would own and operate certain projects before some of the Mutual-Benefit Project entities will be ready to apply for their grants, as a few have indicated that they are not interested in applying for funding or constructing their project. Additionally, the Federal Team was informed in October 2017 that some project locations may need to be reassessed due to hydrogeologic concerns. The parties will have to work together to resolve these issues. In the meantime, the Federal Team will continue to support efforts to move forward with settlement implementation, and Reclamation will continue to award grants as project entities apply for their funding.
Fiscal Year 2018 No information available.
Fiscal Year 2019 No information available.
Fiscal Year 2020 Work continues on 3 agreements for various construction projects in accordance with the Taos Indian Water Rights Settlement agreement.
Fiscal Year 2022 The AAO is in the process of completing environmental compliance and awarding grants to the Mutual-Benefit parties moving forward with project implementation in Taos Pueblo and non-pueblo areas, including pumping groundwater away from buffalo pasture and increasing groundwater production capacity. Taos Pueblo Indian Water Rights Settlement Act, Title V of Pub. L. 111-291 (Settlement Act) 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. Not applicable. Preapplication coordination is required. An environmental impact statement is required for this listing. An environmental impact assessment is required for this listing. Section 509(e)(2) of the Settlement Act requires Reclamation to comply with each law of the federal government relating to the protection of the environment. The Mutual-Benefit Projects will require an environmental impact assessment, which will be completed before an eligible non-Pueblo may begin implementation of an assisted activity that requires environmental or other regulatory compliance approval. An environmental impact statement is required for this program. An environmental impact assessment is required for this program. 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. 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. Not applicable. 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. None. Final award decisions are not subject to appeal; however, the Bureau of Reclamation will provide all eligible non-Pueblo entities with information about why their proposals were not selected for award. Projects may generally be renewed on an annual basis, not to exceed a total of 5 years. If renewals or extensions are applicable to the project, this information will be included in the financial assistance agreement. When renewals or extensions are applicable, continuation of funding for these activities is subject to the availability of the appropriations authorized in section 509(c)(2) of the Settlement Act. 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 507 of the Settlement Act provides that the financial assistance will be used to plan, permit, design, engineer, and construct the Mutual-Benefit Projects in accordance with the Settlement Agreement. Project grants (cooperative agreements) will be provided to the eligible non-Pueblo entities for the Mutual-Benefit Projects, as specified in the section 507(a) of the Settlement Act. The up to amount of financial assistance for each of the Mutual-Benefit Projects will be in accordance with the limitations specified in the Settlement Agreement. Performance Reports: Reports on an annual basis Not applicable. The eligible non-Pueblo entities will maintain project records in accordance with 2 CFR 200.333. Statutory formula is not applicable to this assistance listing.

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing. Funding availability is dependent on Congressional appropriations. Not applicable. None/Not specified. Jennifer Faler
555 Broadway NE, Suite 100
Albuquerque, NM 87102 US
jfaler@usbr.gov
Phone: 505-462-3541 14-0680-0-1-301 (Project Grants (Cooperative Agreements)) FY 22$8,026,658.00; FY 23 est $0.00; FY 24 est $1,946,207.00; FY 21$15,022,586.00; FY 20$16,977,252.00; FY 19$0.00; FY 18$6,000,000.00; FY 17$4,000,000.00; - Range: $8,000 to $17,000,000 Average: $16,977,000 2 CFR 200 and OMB Circulars. These documents may also be obtained by contacting the Bureau of Reclamation Office listed below. Fiscal Year 2022 New water and sanitation district supply wells to provide groundwater production capacity to satisfy growing demand.