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Santo Domingo Tribe

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OFFICE OF THE GOVERNOR P0. BOX 99, SANTO DOMINGO PUEBLO, NEW MEXICO 87052 rELEPHONE (505) 4éS-22 4 /2215 FAX (505) 465-2688

June 16, 2010

By Hand Dintvery
JUN 16 2OlOj
Jim Dunlap
Chairman
New Mexico Interstate Stream Commission
5550 San Antonio Drive, NE
Albuquerque, NM 87109-4127

Re: Proposed Agreement between New Mxivo’Interstate Stream Commission and Intel
Corp. . •.

Dear Chairnari Dunlap:

Kewa Pueblo has learned f the proposed agreement beten th New Mexico Interstate
Stream Comniission and intet Corp with interest and some concettr We welcome creative
proposals to meet the weds Gf endangered species We also weIcore altertative ideas for
offsetting impacts o’f municipal and ii Füd*rpumping because the dowistream to
upstream transfers Gf Middle-Rio Grait ±fa kfefive not been approØiate to offset
impacts in our reach of the ti* . .. •.

That said, aiiy prod1utin, espiatly one ah?ieTa dTaF.rehing as this one,
should withstand full, independent review, public comment, and consuItati that. has not yet
occurred here and will not be afforded by e liithtd State Enzfr approval process
contemplated. Otherwise, the Commission cannot make a decision withe necessaiy
confidence that the proposal’s impacts are eta5ithat its beneflts-bitweigh its costs, and
that it is sound as a matter otElaw and policy.

We respectfully submit that the Cvmmission shothi iiôt approve the proposal at this tune
The Coihmission shoul.d table consideratioz. afthe ät’ement until independent hydrologic and
legal analysis of the proposal’s implications and potential impacts has been completed. These
analyses should then be made available for public review and comment, and government-to
government consultation. The Bureau of Reclamation, Bureau of Indian Affairs, and Fish and
Wildlife Service also need to evaluate the proposal, including in connection with their evaluation
and regulatory compliance activities for Middle Rio Grande Water Operations, and particularly
in consideration of impacts on Pueblo water rights.
/1S/21 7:9 55452S8a L)TRIEE Fb. 12/U2

Jim Dunlap
June 15,2010
Page 2

Sincerely,

Tony Tortalita
Governor

cc: 3. Phelps White Ill, Vice Chairman, New Mexico Interstate Stream Commission.
‘ Patricia Garcia, Commissioner, New Mexico Interstate Stream Commission
Buford Harris, Commissioner, New Mexico Interstate Stream Commission
L Blanc Sanchez, Commissioner, New Mexico Interstate Stream Commission
Mark S. Sanchez, Commissioner, New Mexico Interstate Stream Commission
Julia Davis Stafford, Commissioner. New Mexico Interstate Stream CommIssion
James Wilcox, Commissioner, New Mexico Interstate Stream Commission
Estevan Lopez, Chairman, New Mexico Interstate Stream Commission
John D’Antonio, New Mexico State Engineer
Mike Namman, Area Manager, Albuquerque Area Office, Bureau of Reclamation
Benjamin N. Tuggle, Regional Director, Southwest Region, Fish and Wildlife Service
William Walker, Area Manager, Southwest Regional Office, BTA
Randy Shaw, Designated Engineer, BIA
Robert Halt, Solicitor, Department of the Interior
Jimmy Calabaza, Lt. Governor, Kewa Pueblo
Jonathan Garcia.. Tribal Official, Kewa Pueblo
Kerwin Tenorlo, Tribal Official, Kewa Pueblo
Susan Jordan, Esq., Nordhaus Law Firm. LLP