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Aamodt settlement a good end to decades of litigation
County Commissioner Harry B. Montoya
Posted: Saturday, October 31, 2009
- 11/1/09
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The Aamodt settlement will bring decades of fighting and litigation to an end and will pave the way to a better future for residents of the Pojoaque basin. I recognize that some of my non-pueblo constituents are dissatisfied with the settlement process, but I do not believe there is a better alternative.

Will we be better off under the settlement or with continued litigation? Under the settlement, existing non-pueblo users will be protected better than an optimistic litigated outcome. The supply for new pueblo water users will come from the Río Grande, and existing non-pueblo water uses will be protected. Without a settlement, the available supply will be reduced and non-pueblo users will face curtailment.

The parties reached this settlement after six years of intensive settlement talks ordered by the federal courts. A federal "gag order" was in effect during these negotiations that, while helpful in achieving a settlement, inadvertently led to community suspicion about the proceedings. In 2006, along with other settling parties, the county, the four pueblos, the city of Santa Fe, and the state of New Mexico signed the Aamodt settlement agreement. The settlement will resolve long-standing water issues among the pueblos, the state of New Mexico, and numerous water rights claimants to the limited supplies of water in the Pojoaque basin.

Santa Fe County does not have water rights at issue in the main Aamodt case, but agreed to become a party to the settlement and is willing to devote substantial resources to help implement it for two reasons:

First, the settlement achieves a fair and equitable resolution of competing claims to water in one of the most water-short areas of the West. For a century, the Pojoaque Valley has been plagued by land and water disputes, pitting neighbor against neighbor and pueblo members versus non-pueblo people. Two U.S. Supreme Court cases and an act of Congress failed to settle the issues, and the Aamodt water rights adjudication has done no better.

The settlement is a compromise. Rather than defining winners and losers, the settlement protects existing users and manages available water resources for future growth. It safeguards senior use priorities of pueblos and early Spanish acequias, creates reliable supply to domestic and commercial users and can evolve over time.

The agreement protects the valley from groundwater pumping in the adjoining Santa Fe basin. Both the county and the city of Santa Fe have agreed to mechanisms that offset effects on surface waters from county and city groundwater withdrawals in the neighboring basin. They will meet demands from surface-water sources where feasible to minimize effects on ground and surface supplies in the valley.

Second, the agreement provides for a community water system that alleviates water shortages and quality problems. The system diverts up to 4,000 acre-feet of water per year from the Río Grande (2,500 acre-feet treated and delivered to the four pueblos and 1,500 acre-feet for non-pueblo customers).

Connection to the water system is voluntary; the settlement allows existing domestic well users to continue to use their wells and not connect. For residents who want to connect, service will be available. The agreement contains financial incentives to attract connection. The county will focus on keeping customer rates down.

The system offers a clean, reliable water supply. Water sampling in the valley has shown areas of declining water quality. Over time, and as existing wells will begin to need replacement, I believe residents will be glad the system is available to them.

The recent poll revealed we need to do a better job of listening to valley residents. Their input is crucial to the decisions that still need to be made. I will be listening to residents in a series of community outreach meetings in the coming months. The purpose of the meetings will be to hear public concerns and to answer questions about the settlement.

Harry B. Montoya is the Santa Fe County commissioner for District 1.




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