Category Archives: Colorado River

Notice Correction by Navajo Budget & Finance Committee: 6/14/2012 meeting not until 6/19/2012 on Legis. No 0230-12 , Water Rights

6/14/2012 Budget &Finance Comm Mtg Notice Correction“>

6/13/2012 Angela Marie Davis Re: Navajo Hopi CO River legislation 0230-12

Thought I’d share my comments in a letter. It took a lot of patience to be polite: Yah’at’eeh Executive Director, Speaker Naize, and the 22nd Navajo Nation Council,My name is Angela Marie Davis. I am a granddaughter of the late Navajo code talker, Jimmie Apache from T’iistoh Sikaad, NM. I am writing you to urgently request you stop the legislation 0230- and withdraw your support of S. 2109 and HR4067 with the accompanying “Navajo-Hopi Colorado River Water Rights Settlement” introduced by Senators John McCain and Jon Kyl on February 14, 2012

In my opinion, S.2109 dangerously undermines our tribal sovereignty by nullifying the past two treaties between the United States and the Navajo Nation. We have treaty-guaranteed aboriginal priority water rights by the 1908 Winter’s Doctrine. S.2109 voids our priority water rights and guarantees only the bare minimal amount of drinking water to a handful of the Navajo. I would also like to note that it is the responsibility of the Indian Health Service to provide irrigation and developing water supplies through the Snyder Act of November 2, 1921. Also, guaranteeing Peabody Coal and Navajo Generating Station continued operation leases is clearly a conflict of interest. If the settlement is in the best interest of the people, then why are they allowed to operate with impunity?

Another dangerous aspect of S.2109 is that it waives our right to claim injury to water if non-Indian users damage Navajo or Hopi water from the past or the future forever. Our water has already been damaged severely by uranium and coal mining. Uranium has a half-life of four and one-half billion years. Radiation poisoning is extremely dangerous and permanent. To waive our rights to sue for damages to our water from it is a human rights violation to our people and environment; in fact, it is genocidal.

In conclusion, I’d like to express my surprise and outrage over the fact that the 22nd Navajo Nation Council announced its approval S. 2109 on a Saturday and allowing only a five day hold from then to remark on the decision. The Navajo people deserve at least a period of five business days to make our remarks. I am disappointed that chapter meetings are being held on the weekend with little or no public notice. I am also upset that I did not receive any notification of the proceedings regarding it, despite my request to be notified by my delegate. I appreciate your time to consider my request again and look forward to hearing from you.

Respectfully,

Angela Marie Davis
Artist
Writer
Musician

6/13/2012 Navajo Grassroots Overwhelmingly Oppose Water Settlement Press Release

6/13/2012 Grassroots Overwhelmingly Oppose Water Settlement Press Release FINAL“>

6/12/2012 Forgotten People Re: Legislation No. 0230-12 for the OFFICIAL RECORD on Navajo Hopi Little CO River Water Rights Settlement

6/12/2012 Forgotten People Re: Legislation No. 0230 for the OFFICIAL RECORD “>Forgotten People, a Nonprofit corporation respectfully submits this statement of opposition to the Navajo-Hopi LCR Settlement and S.B. 2109 and H.R. 4607 and demands that an Environmental Impact Assessment (EIA) and Economic Impact Assessment be done before negotiating any water rights settlement factoring in climate change, agricultural use and cultural and social impacts.

6/13/2012 Rita Sebastian Re: Navajo-Hopi Little Colorado River Water Rights Settlement Agreement FOR THE OFFICIAL RECORD

6/13/2012 Rita Sebastian Re: Legislation No. 0230-12 for the OFFICIAL RECORD“>6/13/2012 Rita Sebastian Re: Navajo-Hopi Little Colorado River Water Rights Settlement Agreement: Harvard Native American Economic Development Project and Brandeis Heller School for Social Policy would be happy to support studies regarding Environmental Impact Assessment (EIA), Social Impact Assessment (SIA), and Economic Impact Analysis. Let science and careful policy analysis speak before you make any decisions to sell away water rights. Please let me know if we can be of any assistance.

6/14/2012 Naabikiyati (Navajo Nation Council) Budget & Finance Committee meeting: Navajo Hopi Little CO River Water Rights Settlement

6/14/2012 Naabikiyati (Navajo Nation Council) Budget & Finance Committee Special Mtg Agenda“>6/14/2012 Naabikiyati (Navajo Nation Council) Budget & Finance Committee meeting to discuss new Business: Legislation No. 0230-12: An Action Relating to the Budget and Finance, Resources and Development and the Nabikiyati Committees; Approving the Proposed Navajo-Hopi Little Colorado River Water Settlement Agreement Sponsor: Johnny Naize, Speaker

5/8/2012 Carlos W. Begay, Sr. & Marsha Monestersky letter to Mr. James Anaya: US government theft of Black Mesa, HPL

4/19/2012 Congress letters prompted by 3/31/2012 New York Times article : Uranium Mines Dot Navajo Land, Neglected and Still Perilous

3/31/2012 New York Times article: Uranium Mines Dot Navajo Land, Neglected and Still Perilous

Joshua Lott for The New York Times An abandoned uranium mine on the Navajo reservation in Cameron, Ariz., emits dangerous levels of radiation. By LESLIE MACMILLAN Published: March 31, 2012

“If this level of radioactivity were found in a middle-class suburb, the response would be immediate and aggressive,” said Doug Brugge, a public health professor at Tufts University medical school and an expert on uranium. “The site is remote, but there are obviously people spending time on it. Don’t they deserve some concern?”

Navajo advocates, scientists and politicians are asking the same question.

The discovery came in the midst of the largest federal effort to date to clean up uranium mines on the vast Indian reservation. A hearing in 2007 before the House Committee on Oversight and Government Reform led to a multiagency effort to assess and clean up hundreds of structures on the reservation through a five-year plan that ends this year.

Yet while some mines have been “surgically scraped” of contamination and are impressive showpieces for the E.P.A., others, like the Cameron site, are still contaminated. Officials at the E.P.A. and the Department of Energy attribute the delay to the complexity of prioritizing mine sites. Some say it is also about politics and money.

“The government can’t afford it; that’s a big reason why it hasn’t stepped in and done more,” said Bob Darr, a public relations specialist for the environmental consulting firm S.M. Stoller, which does contracting work for the Department of Energy. “The contamination problem is vast.”

If the government can track down a responsible party, he said, it could require it to pay for remediation. But most of the mining companies that operated on the reservation have long since gone out of business, Mr. Darr said.

To date, the E.P.A., the Department of Energy and other agencies have evaluated 683 mine sites on the land and have selected 34 structures and 12 residential yards for remediation. The E.P.A. alone has spent $60 million on assessment and cleanup.

Cleaning up all the mines would cost hundreds of millions of dollars, said Clancy Tenley, a senior E.P.A. official who oversees the uranium legacy program for the agency in the Southwest.

Some say the effort has been marred by bureaucratic squabbles and a tendency to duck responsibility. “I’ll be the first to admit that the D.O.E. could work better with the E.P.A.,” said David Shafer, an environmental manager at the energy agency.

Determining whether uranium is a result of past mining or is naturally occurring is “a real debate” and can delay addressing the problem, Mr. Shafer said. He cited seepage of uranium contaminants into the San Juan River, which runs along the boundary of the reservation, as an example. “We need to look at things like this collectively and not just say it’s E.P.A.’s problem or D.O.E.’s problem,” he said.

E.P.A. officials said their first priority was to address sites near people’s homes. “In places where we see people living in close proximity to a mine and there are elevated readings, those are rising to the top of the list for urgent action,” Mr. Tenley said.

Agency officials said they planned a more thorough review of the Cameron site — which still has no warning signs posted — within the next six months.

Meanwhile, Navajos continue to be exposed to high levels of radioactivity in the form of uranium and its decay products, like radon and radium. Those materials are known to cause health problems, including bone, liver, breast and lung cancer.

Lucy Knorr, 68, of Tuba City, Ariz., grew up near the VCA No. 2 mine operated by the Kerr-McGee Corporation, now defunct. Her father, a former miner, died of lung cancer at age 55 in 1980, and her family received a payout of $100,000 under the Radiation Exposure Compensation Act, a law that was enacted after her mother hired a lawyer and testified before Congress.

The program has awarded $1.5 billion for 23,408 approved claims since it was enacted in 1990.

Ms. Knorr’s father was one of hundreds of Navajos who did not wear protective gear while working in the mine. “He’d wash at a basin outside” after leaving the mine, she said, “and the water would just turn yellow.”

The government has been successful in tracking down and holding some former mining companies accountable. The E.P.A. is requiring that General Electric spend $44 million to clean up its Northeast Church Rock Mine, near Gallup, N. M. Chevron is paying to clean up the Mariano Lake Mine, also in New Mexico.

When the government cannot locate a responsible party, which is most often the case, the E.P.A. and the Department of Energy work with the tribal authorities to reach cleanup decisions. In general, the E.P.A. handles mines, while the Energy Department is responsible for the mills where the ore was processed and enriched.

One of the Department of Energy’s biggest priorities is a billion-dollar uranium mine cleanup that is under way in Moab, Utah, and that received $108 million in federal stimulus money and the backing of nine congressmen.

Some Navajo officials point out that Interior Secretary Ken Salazar signed a 20-year moratorium on new uranium and other hard-rock mining claims on one million acres of federal land around the Grand Canyon in January, saying it was needed to preserve the mile-deep canyon and the river that runs through it. The mining industry is challenging that decision in court.

But the Navajo Nation, considered a sovereign government entity, has not gotten similar treatment from the federal government for its land, some of its officials say. The nation has asked for $500 million for mine cleanup, but the money has not materialized, said Eugene Esplain, one of two officials with the Navajo E.P.A. responsible for patrolling an area the size of West Virginia.

Taylor McKinnon, a director at the Center for Biological Diversity, an environmental group that worked to halt new mining claims near the Grand Canyon, said the Cameron site was the worst he had seen in the Southwest. He has even seen cow droppings near the mine, he said, an indication that cattle are grazing there. And “people are eating those livestock,” he said.

Ronald Tohannie, a project manager with the Navajo advocacy group Forgotten People, said the locally grown beef was tested at the slaughterhouse, but not for the presence of radioactive substances like uranium.

When E.P.A. officials in the California office overseeing the region were asked to accompany a reporter to the Cameron mine site, they countered with an offer to visit the Skyline Mine in Utah, on the northern boundary of the reservation in Monument Valley, where a big federal cleanup was completed last October.

The onetime mine, atop a 1,000-foot mesa, provides a sweeping panorama of the red valley below. Just one tiny dwelling is visible, the packed-earth hogan of Elsie Begay, a 71-year-old Navajo woman. Ms. Begay was featured in a series of articles in The Los Angeles Times in 2006 about serious illnesses that several of her family members developed after living in the area for many years.

The publicity “might have bumped the site up the priority list,” said Jason Musante, who oversaw the $7.5 million cleanup of the mine for the E.P.A.

In trailers and cinder-block dwellings on the Navajo reservation, there is deep cynicism and apprehension about the federal effort. “That’s what they want you to see: something that’s all nice and cleaned up,” said the Navajo manager of a hotel near the Skyline mine. He asked not to be identified, saying that he had already come under government scrutiny for collecting water samples from the San Juan River for uranium testing at a private lab.

For some Navajos, the uranium contamination is all of a piece with their fraught relationship with the federal government.

“They’re making excuses, and they’ve always made excuses,” Ms. Knorr said. “The government should have had a law in place that told these mining companies: you clean up your mess when you leave.”

This article has been revised to reflect the following correction:

Correction: April 27, 2012

An article on April 1 about concerns over radioactivity levels around former uranium mines on Navajo territory in Arizona, Utah and New Mexico referred imprecisely to Bob Darr, a public relations specialist who said that the federal government cannot afford to clean up all the mines. While he works for S.M. Stoller, a consulting firm that provides public affairs support to the Department of Energy under contract, he is not a spokesman for the department.

For years, unsuspecting Navajos inhaled radioactive dust and drank contaminated well water. Many of them became sick with cancer and other diseases.

The radioactivity at the former mine is said to measure one million counts per minute, translating to a human dose that scientists say can lead directly to malignant tumors and other serious health damage, according to Lee Greer, a biologist at La Sierra University in Riverside, Calif. Two days of exposure at the Cameron site would expose a person to more external radiation than the Nuclear Regulatory Commission considers safe for an entire year.

Joshua Lott for The New York Times Larry Gordy discovered the mine on his land in 2010, but it has not been cleaned up yet.

The E.P.A. filed a report on the rancher’s find early last year and pledged to continue its environmental review. But there are still no warning signs or fencing around the secluded and decaying site. Crushed beer cans and spent shell casings dot the ground, revealing that the old mine has become a sort of toxic playground.

Joshua Lott for The New York Times At a mine in Cameron, Ariz., the radioactivity levels exceeded Geiger counters’ scales.

CAMERON, Ariz. — In the summer of 2010, a Navajo cattle rancher named Larry Gordy stumbled upon an abandoned uranium mine in the middle of his grazing land and figured he had better call in the feds. Engineers from the Environmental Protection Agency arrived a few months later, Geiger counters in hand, and found radioactivity levels that buried the needles on their equipment. The abandoned mine here, about 60 miles east of the Grand Canyon, joins the list of hundreds of such sites identified across the 27,000 square miles of Navajo territory in Arizona, Utah and New Mexico that are the legacy of shoddy mining practices and federal neglect. From the 1940s through the 1980s, the mines supplied critical materials to the nation’s nuclear weapons program.

Joshua Lott for The New York Times Lucy Knorr says her father’s death was related to his work at the mine.

4/19/2012 Congress tells DOE and EPA clean up Navajo abandoned uranium mines & impact to public health

4/19/2012 Congress tell DOE &EPA Clean up uranium mines & protect health of the people“>

4/19/2012 Congress letter to Indian Health Service about abandoned uranium mines & impacts on Navajo public health

4/19/2012 Congress tells IHS about uranium mines impact on health and safety of Navajo Nation citizens“>