GALLUP CITY COUNCIL
TUESDAY, JUNE 25, 2019; 6:00 P.M.
Jackie McKinney, Mayor
Linda Garcia, Councilor, Dist. 1 Allan Landavazo, Councilor, Dist. 2
Yogash Kumar, Councilor, Dist. 3 Fran Palochak, Councilor, Dist. 4
Maryann Ustick, City Manager
Curtis Hayes, City Attorney
The City and the Navajo Nation, acting through the Navajo Tribal Utility Authority (NTUA), have been attempting to negotiate the terms and conditions of an operating agreement concerning Project facilities under the operational control of either the City or NTUA or both since at least 2013.
NTUA has consistently declined to address not only the conditions and requirements required under the Navajo Settlement Act, but, also concerns of the City regarding, among other things, governance of Project facilities, joint operation of facilities critical to the City’s compliance with the Safe Drinking Water Act (SDWA) and New Mexico Environment Department Drinking Water Bureau requirements, and the need for a qualified operator of the Project facilities.
This resolution would direct the City Manager to put the United States of America, acting through the Secretary of the Interior through the Bureau of Reclamation on notice that the City of Gallup will not approve any NGWSP Project operations agreement(s) unless and until any such agreement(s) or related agreement(s) include provision for at least:
City Staff have made every reasonable effort to negotiate terms with NTUA, and by and large, have a good working relationship with every other project entity representing the Navajo Nation and the Bureau of Reclamation. However, NTUA isn’t willing to approach negotiations with the same reasonable views and perspectives required for successful negotiation.
It is Staff’s hope that this resolution will bring this issue to the attention of the Navajo Nation and United States, so that all project participants can come to a fair, reasonable and mutually acceptable agreement.