The United States, the City of Española, and the Pueblo of Santa Clara have reached a Settlement Agreement to address disputes over utility facilities trespassing on Pueblo lands. The City of Española will pay $3.9 million for water and sewer lines, streets, and other utilities maintained without proper easements.
This settlement resolves a lawsuit initiated by the United States in 2016, which claimed that Española's infrastructure was trespassing on Santa Clara's lands after rights-of-way expired. Santa Clara joined the lawsuit with additional claims.
Under the agreement, Española will compensate Santa Clara with $2.5 million for new 25-year easements and $1.4 million over 20 years for past land use until 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,” stated U.S. Attorney Alexander M.M. Uballez. He emphasized that this settlement is a step towards reconciliation between Española and Santa Clara.
Española must obtain new easements approved by the Secretary of the Interior, with technical support from the Bureau of Indian Affairs for right-of-way applications.
As part of this agreement, Española published an apology in the Rio Grande SUN on January 9, 2025. The city will also collaborate with Santa Clara and federal agencies to complete necessary applications and reviews.
The announcement was made by U.S. Attorney Alexander M.M. Uballez and Santa Clara Pueblo Governor James Naranjo. The investigation involved DOJ ENRD Trial Attorney Samuel D. Gollis, Assistant U.S. Attorney Cassandra C. Currie, and DOI Senior Indian Law Attorney Stephanie P. Kiger.
The claims settled are allegations only; no liability has been determined.