Black Mesa residents urge search for energy alternatives

Indian Country Today, Oneida, N.Y. Aug. 11--FLAGSTAFF, Ariz.

Aug. 11--FLAGSTAFF, Ariz. -- Hopi and Navajo tribal members told a utility commission in California that it is time to stop threatening Indian people with the loss of jobs and stop holding them hostage to economic deprivation by dependence on the destruction of natural resources.

"There is a way those jobs can be preserved. We are not that helpless; give us a chance to work this problem out. That is all we are asking for. Not gloom and doom. There are ways," said Vernon Masayesva, Black Mesa Trust executive director, as he urged a search for new energy alternatives.

Masayesva testified before the California Public Utilities Commission in San Francisco on July 9. The CPUC held evidentiary hearings June 14 -- July 9 on the future disposition of the Mohave Generating Station in Laughlin, Nev. A California utility, Southern California Edison, is the majority owner of the Mohave plant.

The Mohave plant receives coal from Hopi and Navajo lands on Black Mesa, by way of water slurry using the pristine water from the N-aquifer in the dry region where many Indian families lack running water. The Mohave plant produces electricity for Southwest cities, while many Indian families on Black Mesa lack electricity and rely on kerosene lanterns.

Nicole Horseherder, Navajo from Hard Rock Chapter and a founding member of the grassroots organization To'Nizhoni Ani' which is also opposed to using the groundwater for coal slurry, also testified. Horseherder was questioned by Christine Hammond, representing the Navajo Nation which proposes to keep Mohave open to provide jobs. Hammond asked Horseherder how she thought the reduction in revenue would affect Navajos, in terms of roads, schools and other services.

Horseherder pointed out that on Black Mesa, Navajos live in deprivation and there is no development.

"I would assume [these things would be affected], but you have to understand that where I live, there is no infrastructure. The law enforcement is not there. The roads are not there. I don't see the police. I don't see the pavement. I don't see any of the revenues from the mine in my community. So, yes, I would assume that it would affect the nation outside of the region of Black Mesa, which is largely unimproved," Horseherder said.

Hammond asked Horseherder what effect losing mine jobs would have on Navajo families' standard of living. Horseherder said, "There are more than 30,000 of us who have had a reduction in our standard of living because our water is being used for the last 30 years."

Black Mesa Trust said Mohave will almost certainly close at the end of 2005, since its owners have delayed installing the pollution control equipment specified in a 1999 Consent Decree. Whether the 1580 MW plant will ever reopen depends in part on whether a new source of water for the coal slurry line from Peabody Coal's Black Mesa Mine to Mohave can be found and implemented.

Masayesva said the only option currently being investigated is obtaining water from the C-aquifer south of Interstate 40 and pumping it to Black Mesa.

Black Mesa Trust, a grassroots organization, was represented in the proceeding by Dr. Lon House of Water & Energy Consulting. House began the day by introducing Black Mesa Trust President Leonard Selestewa.

"I am born to the Sun Clan from the village of lower Moenkopi. And I'm a Hopi farmer. I rely on the surface water that is presently being -- captured by [impoundments] at the mine. We have an artesian well that flows into my village from our public water system," Selestewa testified.

"We are very concerned about what is happening with our water. We believe we have the grassroots support of our villages. And we are now consulting with our religious leaders who have given us statements of support. This position that we hold is very much in line with what we are hoping to see accomplished here, and I'm glad to be here."

Before giving his own testimony, Masayesva read a statement from Jerry Honawa. Honawa could not attend the hearing because he was preparing for the Niman ceremony. Niman or Home Dance is a way of carrying out Hopi belief that all living things come from water and all will go home back to water.

"To support the continued use of groundwater for the coal slurry operation is irresponsible, morally reprehensible, and it only helps to promote unwise water use, policy and practices," Selestewa testified.

Masayesva then testified that Black Mesa Trust is opposed to using any fresh water for the coal slurry operation, even if that water were to be pumped off reservation from the C-aquifer. Further, Masayesva told the Commission, Black Mesa Trust is absolutely opposed to pumping of N-aquifer water even as a backup for the C-aquifer water.

James Ham, attorney for the Hopi Tribe that proposes to keep the Mohave plant open for the sake of tribal revenues, cross-examined Masayesva.

Masayesva briefly outlined some of the Trust's proposals for replacing the tribal revenues that will be lost when Mohave shuts down -- even temporarily. He mentioned a proposed solar power plant on the reservation and revenues that should be generated from transmission lines that cross the reservation. The contract for the right-of-way for Arizona Public Service's el Dorado transmission line expired in 1992, for example. He also recommended that a proposition to start collecting possessory and severance taxes from Peabody be voted on by the Hopi people in the next tribal election.

Ham cross-examined Masayesva about how he thought the tribe would take care of the Hopi families who would lose their government jobs if Mohave shuts down and revenues from Black Mesa Mine were therefore not available. Masayesva testified that Black Mesa Trust has submitted letters and other communications to the tribal council "to address these precise points.

Masayesva said two years ago Black Mesa Trust asked the Hopi chairman to call for an economic summit challenging each Hopi to come up with various ways to raise the $5 million loss of mining royalties when Mohave shuts down.

"Challenge us. Bring us into the circle," Masayesva said. Let's sit down and work out various economic alternatives." He said Hopi are not helpless people.

"We are very, very aggressive, intelligent, hard-working people."

The Commission has called for further written testimony, and its decision is not expected before late autumn.

Organizations supporting Hopi and Navajo efforts include Natural Resources Defense Council, Sierra Club, Lawyers' Committee for Civil Rights Under Law, Oxfam America, WaterKeeper Alliance, Environment Now, Grand Canyon Trust, Honor the Earth, Arizona Ethnobotanical Research Association, Indigenous Water Institute, Sacred Land Film Project, Seventh Generation Fund and the law firms of Shearman & Sterling and the Shanker Law Firm.

 

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