Alexander M.M. Uballez U.S. Attorney | U.S. Attorney for the District of New Mexico
The City of Española has agreed to a $3.9 million settlement to resolve allegations of trespassing on Santa Clara Pueblo land. This agreement, reached with the United States and the Pueblo of Santa Clara, addresses disputes over water and sewer lines, streets, and other utility facilities maintained without proper easements.
The settlement concludes a lawsuit initiated by the United States in 2016. The suit claimed that Española's infrastructure was encroaching on Santa Clara lands after previous rights-of-way expired. The Pueblo of Santa Clara joined the lawsuit with additional claims concerning trespassing streets and utilities.
As part of the settlement terms, Española will pay $2.5 million for new 25-year easements on Pueblo lands, along with $1.4 million over 20 years for past use up until July 1, 2022.
U.S. Attorney Alexander M.M. Uballez stated: “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.” He emphasized that this settlement is a step towards reconciliation between Española and Santa Clara Pueblo.
Española must secure new easements approved by the Secretary of the Interior, with technical assistance from the Bureau of Indian Affairs for right-of-way applications.
A public apology from Española was published in the Rio Grande SUN on January 9, 2025. The city also committed to collaborating with Santa Clara Pueblo and federal agencies to finalize necessary applications and reviews.
This announcement was made by U.S. Attorney Alexander M.M. Uballez alongside 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.
It is important to note that these settlements resolve allegations only; no liability determination has been made.