Published on Indian Country Today Media

Network.com(http://indiancountrytodaymedianetwork.com)
Home> Hopi Tribe Issues Latest Challenge for the San Francisco Peaks

11/20/12

Hopi Tribe Issues Latest Challenge for the San

Francisco Peaks
The pipe has been laid to carry treated sewage from Flagstaff to the sacred
San Francisco Peaks but the Hopi Tribe has issued another challenge to
keep the first flake from hitting the slopes.
The tribe released a statement on November 16 announcing a new civil action
asking the U.S. Forest Service to withdraw its permission for snowmaking until
it completes ongoing consultations with the U.S. Fish and Wildlife Service.
The consultations were re-opened after the Hopi Tribe commissioned a study
showing threats to an endangered plant hadnt been adequately considered.
The Hopi action is just the latest tribal outcry about Arizona Snowbowl in a
series of legal challenges that date back to the 1970s. Thirteen tribes consider

the San Francisco Peaks sacred, and their displeasure at its use for
recreation is well known. But opposition reached a fever pitch in the early
2000s, when the resort issued its plan to pipe water to its slopes. Snowbowl
hopes to steady a business that is at the mercy of naturally arid conditions to
start with, and has been challenged in recent years by drought.
Snowbowl initially asked to make artificial snow in 2001, and the Forest
Service approved the request in 2004. Numerous court challenges by tribal
and environmental activists proved unsuccessful, with the 9thCircuit Court of
Appeals rejecting a final appeal in February of this year. Construction has
been visible in spots from Flagstaff to Snowbowl for months, as the pipes
have been buried to begin making snow this season.
But the Hopi Tribe has maintained that the Forest Service overlooked a key
issue:

San Francisco Peaks groundsel (Courtesy Sue Rutman/USFWS)

Potential impacts of the reclaimed wastewater on the endangered San
Francisco Peaks groundsel, a federally protected alpine plant which exists
only on the San Francisco Peaks. The tribe hired Phoenix-based SWCA

Environmental Consultants, who found earlier this year that snowmaking with
wastewater is likely to have a direct impact on the groundsels critical habitat
by altering the local nitrogen balance. Based on those findings, the Forest
Service and the U.S. Fish and Wildlife Service re-opened consultations about
the plan earlier this year.
We are hopeful that the Obama Administration will correct this bad decision
to allow snowmaking with reclaimed wastewater based on the new information
submitted by the Hopi Tribe and all the other factors weighing against it, Hopi
General Counsel Robert J. Lyttle said in the Hopi press release.
Commenting by phone on Friday, Hopi Tribal Chairman LeRoy Shingoitewa
added that the Hopi Tribe has no choice but to file for an injunction while they
complete a study about the dangers to the endangered plant. Were following
the directions of our elders and spiritual leaders, he said. We still do not
agree with using any reclaimed water.
When asked to comment the Forest Service said they are unable to due to
pending litigation.
Related Articles:
San Francisco Peaks Snowbowl Plight Featured in the New York Times
San Francisco Peaks Lawyer in the Clear, Snowbowl Fight Continues
Support Grows for Activists Lawyer in Arizona Snowbowl Case
Flagstaff Residents Embark on Hunger Strike to Oppose Snowmaking on San
Francisco Peaks
Construction Begins on San Francisco Peaks, Controversy Far From Over
San Francisco Peaks Ruling Draws Heavy Opinions
Full Name:
Anne Minard
Source URL:http://indiancountrytodaymedianetwork.com/2012/11/20/hopi-tribe-issueslatest-challenge-san-francisco-peaks-145766

Read more
at http://indiancountrytodaymedianetwork.com/print/2012/11/20/hopi-tribeissues-latest-challenge-san-francisco-peaks-145766