Española to pay $3.9 million to Santa Clara Pueblo to settle dispute over rights of way

Jan. 16—The city of Española, Santa Clara Pueblo and the U.S. government have reached a settlement of $3.9 million in a long-standing dispute over city utility lines and other infrastructure maintained on pueblo land without permission.

The deal resolves a lawsuit filed by the federal government in 2016 alleging Española’s water and sewer lines were trespassing on Santa Clara lands after an easement had expired, according to a statement the U.S. Attorney’s Office issued Thursday.

Santa Clara intervened in the case, making additional claims of trespassing streets and utility lines dating back to the 1980s or earlier, the settlement agreement states.

Under the terms of the agreement, Española will pay $2.5 million to Santa Clara as compensation for new 25-year easements. Additionally, the city will pay $1.4 million in installments over the next 20 years for past use of the pueblo’s lands, the U.S. Attorney’s Office said in the statement.

Santa Clara Pueblo Gov. James Naranjo — a longtime former lieutenant governor who took office Jan. 2 — said Thursday he’s glad the matter has finally been settled and looks forward to improved cooperation between area governments in the future.

“I hope we can have a positive working relationship moving forward to better our future, for our children and the elders, and for our community,” Naranjo said in an interview Thursday.

“It takes not only us and the city, but the two counties that are residing within our boundaries, Santa Fe County and Rio Arriba, and the state of New Mexico,” he added. We’ve all got to work collaboratively so that things can go well for our people. We’re not doing this for us. We’re doing it for the for our people and the ones that are unborn.”

The agreement requires Española to obtain new rights of way, subject to approval by the secretary of the Interior Department, according to the statement. It also calls for the city to publish a written apology to the pueblo.

Mayor John Ramon Vigil wrote in the apology, “On behalf of the City of Española (and with unanimous support and endorsement of the City Council), I hereby apologize to the Pueblo of Santa Clara and its members for the 20-year-delay in reaching a resolution of this dispute.”

Naranjo said the pueblo — with about 1,400 members within its boundaries and hundreds more living elsewhere — hasn’t yet decided how it will spend the settlement money.

The pueblo’s administrative offices and corporate arm employ about 500 people, according to Naranjo.

“We have a lot of things to accomplish,” he said.

He cited possible upgrades to the pueblo’s own water and sewer infrastructure, education initiatives, services for the elderly, and improvements to the pueblo’s golf course and casino.

“It’s going to take some discussion with our Tribal Council and perhaps maybe even some of our tribal members to see how this money can be allocated properly and safely,” he said.

U.S. Attorney Alexander M.M. Uballez lauded the agreement as “a meaningful first step towards reconciliation” between the city and the pueblo.

“The Department of Justice is committed to protecting the sovereignty of tribal communities as well as building the partnerships between neighbors that are necessary to navigate our complex and interconnected world,” Uballez said in a statement.

“This settlement not only rights historic intrusions, but commits the parties to future accord,” he added.

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