City of Española Agrees to Pay $3.9M to Resolve Allegations It Trespassed on Santa Clara Pueblo Land for Decades

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.

The claims resolved by the settlements are allegations only, and there has been no determination of liability.

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