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The Pueblo de San Ildefonso broke off negotiations over County Roads running through its boundaries when Santa Fe County insisted that the parties negotiate a global solution that addressed all County Roads rather than one limited to County Road 84 and 84B. 

“Pueblo representatives presented a take-it or leave-it proposal to the County concerning County Roads 84 and 84B that we had to accept before even discussing the other roads,” County Manager Katherine Miller said.  “We did not definitively reject the Pueblo’s proposed terms on County Roads 84 and 84B.  We said that we needed to discuss them in the context of a global solution.” 

The County Road situation was brought to a head when the Bureau of Indian Affairs (BIA) asserted that most County Roads within San Ildefonso were in trespass.  The County strongly disputes the trespass claim.  “The County believes that its rights in the County Roads are established by the Pueblo Lands Act, proceedings of the Pueblo Lands Board, express agreement between the County and San Ildefonso, the public’s historic and uninterrupted use of the roads, and County’s continued maintenance of the roads,” Miller said. 

County Commissioner Henry P. Roybal, Commission District 1, emphasized the larger implications of the Pueblo’s actions.  “San Ildefonso and BIA have cast a cloud over all private property within the Pojoaque Valley that depends upon County Roads running through Pueblos for access.  This has happened even though it is only San Ildefonso that has asserted County Roads to be in trespass,” Commissioner Roybal explained.

The assertion of trespass is causing title companies to not insure access for such property, causing lenders not to lend.  According to residents, the results are that they are unable to sell or refinance their homes or take out construction loans.  “The result is unrest and mistrust throughout the Pojoaque Valley,” Commissioner Roybal stated. 

The Pueblo’s rationale for not expanding negotiations baffled the County.  “On the one hand, they said the other roads presented too many complex issues and would slow things down.  On the other, they said, once we accepted their non-negotiable terms on County Roads 84 and 84B, the Pueblo was committed to resolving all of the other roads within 45 days.  The County simply said, ‘Let’s get it all done in 45 days.’  And the Pueblo walked,” County Manager Miller said.

“Litigation is never the County’s first choice, especially when other governmental entities are involved.  That is why we are willing to explore a negotiated solution.  We hope that the Pueblo reconsiders its decision to walk away from the table, so as to avoid costly, time-consuming, and counter-productive litigation,” County Manager explained.  “We remain committed to negotiating a global solution with 45 days.”