HOUSE MEMORIAL 38

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Eliseo Lee Alcon and Joseph L. Sanchez and Andrea Romero

A MEMORIAL

REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF RIO ARRIBA COUNTY TO FACILITATE THE INCORPORATION OF SANTA CRUZ DE LA CAÑADA AS A MUNICIPALITY; REQUESTING THE GUADALUPE HIDALGO TREATY DIVISION OF THE ATTORNEY GENERAL'S OFFICE TO EXAMINE THE LAND CLAIMS OF SANTA CRUZ DE LA CAÑADA AND REPORT TO THE APPROPRIATE INTERIM LEGISLATIVE COMMITTEE THAT STUDIES LAND GRANTS.

     WHEREAS, the Villa Nueva de Santa Cruz de los Españoles Méxicanos del Rey Don Carlos Segundo was founded on April 22, 1695 by Governor Don Diego de Vargas Zapata y Luján as the second official Spanish municipality in New Mexico in accordance with Spanish law and with the approval of the Spanish crown; and

     WHEREAS, Governor Don Diego de Vargas Zapata y Luján defined the boundaries of the settlement as the tributaries of the Santa Cruz river from the mountains to the "Río del Norte", as the Rio Grande was called at the time, and "as far as the pueblos of Nambé, Pojoaque, Jacona, San Ildefonso and San Juan de los Caballeros and on the west the Río del Norte"; and

     WHEREAS, Governor Don Diego de Vargas Zapata y Luján outlined the rights conveyed by the official establishment of the settlement's boundaries as land that the settlement may "enjoy, hold and have, and which I make a seat and town, and also possession of the houses which may be given or assigned to them in person"; and

     WHEREAS, the boundaries defined by Governor Don Diego de Vargas Zapata y Luján constituted the legal jurisdiction of the Villa Nueva de Santa Cruz de los Españoles Méxicanos del Rey Don Carlos Segundo; and

     WHEREAS, over time, the Villa Nueva de Santa Cruz de los Españoles Méxicanos del Rey Don Carlos Segundo became generally referred to as Santa Cruz de la Cañada and is known by that name today; and

     WHEREAS, Santa Cruz de la Cañada maintained a town council, referred to as a cabildo, under Spanish law from 1695 to 1821; and

     WHEREAS, Santa Cruz de la Cañada maintained a town council, referred to as a ayuntamiento, under Mexican law from 1821 to 1848; and

     WHEREAS, in 1848, in the peace treaty between the United States of America and the United Mexican States, known as the Treaty of Guadalupe Hidalgo, the lands that constitute modern- day New Mexico were ceded to the United States; and

     WHEREAS, in 1854, congress established the office of the surveyor general for New Mexico and directed "That it shall be the duty of the Surveyor-General . . . to ascertain the origin, nature, character, and extent of all claims to lands under the laws, usages, and customs of Spain and Mexico"; and

     WHEREAS, the surveyor general characterized Santa Fe and Albuquerque as official municipalities under the laws, usages and customs of Spain and Mexico, but did not recognize Santa Cruz de la Cañada as a municipality, but rather characterized the settlement as a community land grant; and

     WHEREAS, Santa Cruz de la Cañada is now an unincorporated community and does not have the land planning authority to manage its growth, land use or establish water, sewer or refuse facilities; and

     WHEREAS, Santa Cruz de la Cañada is now bisected by the Rio Arriba-Santa Fe county line, but the dominant portion is within Rio Arriba county;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that Rio Arriba county be encouraged to facilitate the incorporation of Santa Cruz de la Cañada as a municipality in order to for it to have adequate governing authority needed to protect the health, safety and welfare of its residents; and

     BE IT FURTHER RESOLVED that the Guadalupe Hidalgo treaty division of the attorney general's office be requested to examine the land claims of Santa Cruz de la Cañada and whether there is cause to approach the United States government to address claims to land that Santa Cruz de la Cañada is making under the Treaty of Guadalupe Hidalgo; and

     BE IT FURTHER RESOLVED that the Guadalupe Hidalgo treaty division of the attorney general's office be requested to present a report of its analysis to the appropriate interim legislative committee that studies land grants prior to November 1, 2019; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the board of county commissioners of Rio Arriba county and the attorney general.

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