HM 38 — INCORPORATE SANTA CRUZ DE LA CANADA

HOUSEA MEMORIAL 38REQUESTING 54THTHE LEGISLATUREBOARD -OF STATECOUNTY COMMISSIONERS OF NEWRIO MEXICOARRIBA -COUNTY FIRSTTO SESSION,FACILITATE 2019THE INTRODUCEDINCORPORATION BYOF EliseoSANTA LeeCRUZ AlconDE andLA JosephCAÑADA L.AS A MUNICIPALITY;

Sanchez and Andrea Romero 6 8 10 A MEMORIAL REQUESTING THE BOARDGUADALUPE OFHIDALGO COUNTYTREATY COMMISSIONERSDIVISION OF RIOTHE ARRIBAATTORNEY COUNTYGENERAL'S OFFICE TO FACILITATEEXAMINE THE INCORPORATIONLAND CLAIMS OF SANTA CRUZ DE LA CAÑADA ASAND AREPORT MUNICIPALITY;TO THE APPROPRIATE INTERIM LEGISLATIVE COMMITTEE THAT STUDIES LAND GRANTS.

REQUESTINGWHEREAS, THEthe GUADALUPEVilla HIDALGONueva TREATYde DIVISIONSanta OFCruz THEde ATTORNEYlos GENERAL'SEspañoles OFFICEMéxicanos TOdel EXAMINERey THEDon LANDCarlos CLAIMSSegundo OFwas SANTAfounded CRUZon DEApril LA22, CAÑADA1695 ANDby REPORTGovernor TODon THEDiego APPROPRIATEde INTERIMVargas LEGISLATIVEZapata COMMITTEEy THATLuján STUDIESas LANDthe esecond tofficial 17Spanish GRANTS.municipality in New Mexico in accordance with Spanish law and with the approval of the Spanish crown;

wand lWHEREAS, nGovernor dDon 18Diego =de =Vargas 19Zapata ay lLuján WHEREAS,defined the Villaboundaries Nuevaof dethe Santasettlement Cruzas dethe lostributaries Españolesof ithe aSanta eCruz rriver 20from Méxicanosthe delmountains Reyto Donthe Carlos"Río Segundodel wasNorte", foundedas onthe AprilRio 22,Grande awas tcalled mat mthe 21time, 1695and by"as Governorfar Don Diego de Vargas Zapata y Luján as the dpueblos rof eNambé, 22Pojoaque, secondJacona, officialSan SpanishIldefonso municipalityand inSan NewJuan Mexicode inlos cCaballeros e s k 23 accordance with Spanish law and withon the approvalwest of the eRío adel nNorte"; b 24 Spanish crown;

and u [ WHEREAS, Governor Don Diego de Vargas Zapata y Luján .212321.2outlined defined the boundariesrights ofconveyed theby settlement as the tributariesofficial establishment of the Santasettlement's Cruzboundaries riveras fromland thethat mountains to the "Ríosettlement delmay Norte",HM as38 thePage Rio1 Grande"enjoy, washold calledand athave, the time, and "aswhich farI asmake thea pueblosseat ofand Nambé,town, Pojoaque,and Jacona,also Sanpossession Ildefonsoof andthe Sanhouses Juanwhich demay losbe Caballerosgiven andor onassigned theto westthem thein Ríoperson"; 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, over time, the Villa Nueva de Santa Cruz de los e e 17 Españoles Méxicanos del Rey Don Carlos Segundo became generally e e n d 18 referred to as Santa Cruz de la Cañada and is known by that = = l ] 19 name today;

and a l r i 20 WHEREAS, Santa Cruz de la Cañada maintained a town t e a t council, referred to as a cabildo, under Spanish law from 1695 m m 21 e d r e 22 to 1821;

and c e r c 23 WHEREAS, Santa Cruz de la Cañada maintained a town e a n b 24 council, referred to as a ayuntamiento, under Mexican law from u [ 1821 to 1848;

and .212321.2 - 2 - 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-modern-day day New Mexico were ceded to the United States;

to ascertain the origin, nature, character, and extent of all claims to lands HM 38 Page 2 under the laws, usages, and customs of Spain and Mexico";

and WHEREAS, Santa Cruz de la Cañada is now an unincorporated community and does not have the land planning authority to e e 17 manage its growth, land use or establish water, sewer or refuse e e n d 18 facilities;

and = = l ] 19 WHEREAS, Santa Cruz de la Cañada is now bisected by the a l r i 20 Rio Arriba-Santa Fe county line, but the dominant portion is t e a t within Rio Arriba county;

m m 21 e d r e 22 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF c e r c 23 REPRESENTATIVES OF THE STATE OF NEW MEXICO that Rio Arriba e a n b 24 county be encouraged to facilitate the incorporation of Santa u [ Cruz de la Cañada as a municipality in order to for it to have .212321.2 - 3 - adequate governing authority needed to protect the health, safety and welfare of its residents;

and HM 38 Page 3 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;

eHM e38 17Page - 4 -25 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .212321.2