ALBUQUERQUE – The United States of America, the City of Española and the Pueblo of Santa Clara have entered into a comprehensive Settlement Agreement to resolve longstanding disputes regarding Española water and sewer lines, streets, and other utility facilities in trespass on Pueblo lands. The City of Española has agreed to pay $3.9 million to resolve claims related to water and sewer lines, streets, and other utility facilities maintained on Pueblo lands without proper easements.The settlement resolves a lawsuit filed by the United States in 2016, alleging that Española’s water and sewer lines were trespassing on Santa Clara's lands following the expiration of previously granted rights-of-way. Santa Clara intervened in the lawsuit, asserting additional claims for trespassing streets and utility facilities.Under the terms of the agreement, Española will pay $2.5 million to Santa Clara as compensation for new 25-year easements, subject to certain credits. Additionally, Española will pay $1.4 million over 20 years as compensation for past use of Santa Clara lands through July 1, 2022.“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,” said U.S. Attorney Alexander M.M. Uballez. “This settlement not only rights historic intrusions, but commits the parties to future accord, beginning with a public apology. This is a meaningful first step towards reconciliation between the City of Española and the Pueblo of Santa Clara, allowing us to unite for a future built on mutual respect and cooperation.”The agreement requires Española to obtain the new easements for its facilities on Santa Clara lands, subject to approval by the Secretary of the Interior. The Bureau of Indian Affairs will provide technical assistance in developing the right-of-way applications.As part of the settlement, Española agreed to publish a public apology for the delay in resolving the dispute. That apology appeared in the Legal Notices section of the Rio Grande SUN in its Thursday, January 9, 2025, edition. Española will also work cooperatively with the Pueblo and the Bureau of Indian Affairs to complete the necessary right-of-way applications and environmental reviews.U.S. Attorney Alexander M.M. Uballez and Santa Clara Pueblo Governor James Naranjo made the announcement today.The government’s investigations were led by DOJ ENRD Trial Attorney Samuel D. Gollis, Assistant United States Attorney Cassandra C. Currie, and DOI Senior Indian Law Attorney Stephanie P. Kiger.
Settlement Agreement – Executed.pdf
The claims resolved by the settlements are allegations only, and there has been no determination of liability.# # #
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Purpose
The United States government, the City of Española, and the Pueblo of Santa Clara have entered into a comprehensive Settlement Agreement to resolve longstanding disputes regarding water and sewer lines, streets, and other utility facilities in trespass on Pueblo lands. The purpose of this agreement is to rectify historical intrusions, promote reconciliation between the parties, and establish a foundation for future cooperation.
The settlement aims to address the allegations that Española’s water and sewer lines were trespassing on Santa Clara’s lands following the expiration of previously granted rights-of-way. This has resulted in significant claims against the City of Española, including $3.9 million in compensation for trespassing facilities.
Effects on Industry
The impact of this settlement will be felt by the community at large, with a particular emphasis on promoting mutual respect and cooperation between the parties involved. The agreement requires Española to obtain new easements for its facilities on Santa Clara lands, subject to approval by the Secretary of the Interior.
This development is likely to have a positive impact on the relationship between the City of Española and the Pueblo of Santa Clara, potentially leading to improved communication, collaboration, and a reduced risk of future disputes. The settlement also promotes cooperation among stakeholders, including the Bureau of Indian Affairs, which will provide technical assistance in developing right-of-way applications.
Relevant Stakeholders
The following parties are directly affected by this agreement:
- The City of Española: As the primary party responsible for trespassing facilities, Española has agreed to pay significant compensation and cooperate with the Pueblo and the Bureau of Indian Affairs.
- The Pueblo of Santa Clara: This indigenous tribe has intervened in the lawsuit, asserting claims for trespassing streets and utility facilities. The settlement provides $3.9 million in compensation and establishes new easements for Española’s facilities on Santa Clara lands.
- The United States government: As a party to the agreement, the US government has facilitated the negotiation of this comprehensive settlement, promoting reconciliation between the parties involved.
Next Steps
To comply with this agreement, the City of Española must:
- Pay $2.5 million in compensation for new easements and an additional $1.4 million over 20 years as compensation for past use of Santa Clara lands.
- Obtain new easements for its facilities on Santa Clara lands, subject to approval by the Secretary of the Interior.
- Cooperate with the Pueblo and the Bureau of Indian Affairs in developing right-of-way applications and completing necessary environmental reviews.
Any Other Relevant Information
In addition to resolving outstanding claims, this agreement promotes reconciliation between the parties involved. The City of Española has agreed to publish a public apology for the delay in resolving the dispute, which was published in the Rio Grande SUN on January 9, 2025.
The government’s investigations were led by DOJ ENRD Trial Attorney Samuel D. Gollis, Assistant United States Attorney Cassandra C. Currie, and DOI Senior Indian Law Attorney Stephanie P. Kiger. This comprehensive settlement marks an important step towards resolving long-standing disputes and promoting cooperation among stakeholders in the region.
