Category Archives: Water Rights

5/14/2011 US EPA Superfund meeting a great success

The Saturday, 5/14/2011 US EPA Superfund meeting at the Moenkopi Legacy Inn & Suites was a great success. The room was filled to capacity. Debbie Schechter, Linda Reeves, Svetlana Zenkin and Brian Davidson, US EPA Superfund and Alex Grubb, Weston Associates, Contractor for US EPA Superfund presented. Frank Nez, Hathalie (Medicine Man) gave an invocation. James Peshlakai and the former governor of the Village of Upper Moenkopi presented opening remarks. Frank Nez, Lucy Knorr, Ethel Nez provided translation. People had a chance to speak and ask questions and US EPA Superfund conducted break out groups on water, abandoned uranium mines and contaminated structures.

5/15/2011 AZ Daily Sun: Uranium report ripped by Coconino County board

Uranium report ripped by Coconino County board by CYNDY COLE Sun Staff Reporter azdailysun.com | Posted: Sunday, May 15, 2011 5:20 am: Local conservation groups and the Coconino County Board of Supervisors have found what they call “serious” flaws in a federal analysis weighing the risks and benefits of uranium mining here. The Coconino County Board of Supervisors, Sierra Club, Center for Biological Diversity, Grand Canyon Wildlands Council and Grand Canyon Trust are all questioning estimates that mining in northern Arizona could employ hundreds directly and thousands indirectly — saying those figures appear greatly inflated. These groups all support putting federal land bordering the Grand Canyon off-limits to new uranium mines for 20 years. It’s a scenario that would allow perhaps 11 existing mines to open instead of 30 and end new exploration rather than permitting more than 700 sites to be explored.

These questions have growing significance this summer because a 2-year-old moratorium on new uranium mining issued by Interior Secretary Ken Salazar expires in mid-July, opening the door for mining exploration to resume across about 1 million acres.

An Interior spokeswoman said she did not know when Salazar might make a decision on the issue.

GROUNDWATER HARD TO TRACK

“The problem with this area is that there are more unknowns than knowns — especially north of the canyon, there is a huge area where the science has not been done to determine how groundwater is moving,” said Alicyn Gitlin, of the Sierra Club.

She raised the example of the drinking water for the Grand Canyon, which is supplied by a spring on the northern side of the canyon.

When snow melts on the North Rim most years, the water quality in the springs gets cloudy, raising an evident connection between events on the surface and water quality.

Estimates of how much uranium ore could come from each mine appear to be overstated by a factor of four in the long analysis (about the size of three Flagstaff phone books), said one consultant.

Projections on how much the ore could be worth into the future appear volatile, and determining who benefits from the industry is problematic, economic development consultant Richard Merritt wrote to the Interior Department on behalf of the Grand Canyon Trust.

“… inaccuracies in modeling the economic impact of the withdrawal … cause us to seriously question the veracity of the final conclusions …” Merritt wrote.

Federal agencies didn’t adequately weigh the risks of lasting aquifer contamination related to uranium mining, the four conservation groups wrote.

“(The analysis) avoids discussion of the monumental tasks and hundreds of millions or billions of dollars required to clean up deep aquifer contamination, assuming it is even possible. Commenting organizations raised this issue in scoping. Neither the federal government nor industry can guarantee that uranium mining would not deplete or contaminate aquifers,” they stated.

They raised other uranium-mining-related contamination in the Southwest, and drew a comparison to the Gulf oil spill.

“In their permitting of the BP Deepwater Horizon oil drilling, Interior Department agencies repeatedly dismissed the possibility of a deepwater oil spill and assumed that response resources and systems were adequate to prevent significant environmental harm in the event that a spill did occur,” they wrote.

DOMESTIC USE NOT GUARANTEED

The Coconino County Board of Supervisors unanimously signed a letter in April asking that a lot of federal land in Coconino County be put off-limits to uranium mining, raising concerns about the impacts to tourism and questions about cleanup in case of an ore truck overturning.

The county cited “hot spots” of radioactivity at former mines, as uncovered in tests by the U.S. Geological Survey a few years ago, and a mine on standby for more than 20 years that had not been closed.

The board contended that uranium jobs were possibly counted multiple times, but that tourism revenues might be undercounted, and raised complaints that monitoring for radioactive materials along haul routes into Fredonia, Flagstaff, Page and Cameron wouldn’t be adequate.

The agency noted that it might feel somewhat differently about the risks if there was a guarantee that the uranium mined from the Colorado Plateau were to end up supplying power in the United States, but there is no such guarantee.

“There is entirely too much risk, too many unknowns and too many identified impacts to justify threatening one of the most important U.S. landmarks and one of the most world-renowned national parks to justify the relatively small economic benefit associated with mining of uranium in the Grand Canyon region,” the supervisors stated.

5/14/2011 Gallup Independent: ENDAUM seeks halt to uranium mining

ENDAUM seeks halt to uranium mining By Kathy Helms, Dine Bureau, Gallup Independent, 5/14/2011:WINDOW ROCK – The New Mexico Environmental Law Center and its client, Eastern Navajo Diné Against Uranium Mining, or ENDAUM, filed a petition Friday with the Inter-American Commission on Human Rights seeking to halt a uranium mining operation Churchrock and Crownpoint. A press conference is scheduled for Monday morning at the National Press Club in Washington. After 16 years of legal fighting, the New Mexico Environmental Law Center has exhausted all avenues offered by the U.S. legal system to overturn the mining license granted by the Nuclear Regulatory Commission to Hydro Resources Inc. Should HRI be allowed to mine, the drinking water for approximately 15,000 people will be contaminated, according to the law center. “The HRI license marks the first time that any mining company in the U.S. has been federally authorized to mine uranium in a community drinking water aquifer,” Eric Jantz, attorney for the law center stated in a press release. “This aquifer provides the sole source of drinking water for the mostly Navajo community members represented by ENDAUM. By granting this license, the NRC has failed to uphold its mandate to protect the health and safety of all Americans.”

On Friday, New Mexico Environment Department’s Ground Water Quality Bureau posted a notice that HRI plans to renew the discharge permit for its Section 8 property in McKinley County for the injection and circulation of up to 4,000 gallons per minute of “lixiviant” associated with the process of in-situ leach mining of uranium.

Lixiviant, which typically contains an oxidant such as oxygen and/or hydrogen peroxide mixed with sodium carbonate or carbon dioxide, is injected through wells into the ore body in a confined aquifer to dissolve the uranium. This solution is then pumped via other wells to the surface for processing, according to the U.S. Nuclear Regulatory Commission.

HRI plans to use injection and extraction wells to recover uranium from the Westwater Canyon aquifer at depths from 600 to 1,200 feet. Potential contaminants include chloride, radium-226, selenium, sulfate, total dissovled solids and uranium. The NMED posting kicks off a 30-day period for the public to request a hearing. HRI has stated its objective is to begin mining in Churchrock by mid-2013, and the community has few options left.

“ENDAUM’s best hope is to encourage the executive branch of the federal government to intervene to oppose this license,” Larry King, an ENDAUM board member, said. “Efforts over the past 15 years at the federal level have failed to engage officials and regulators about the impact this mining will have on the community’s health and water supply. We have to fight in every legal venue to prevent this mining from taking place.”

The petition seeks remedies for the violation of Navajo human rights and asks that the Commission recommend to the United States to suspend HRI’s materials license until such time as HRI has cleaned up the radioactive surface contamination on Churchrock’s Section 17, and the United States has taken significant and meaningful steps to remediate the abandoned uranium mines within the boundaries of the Churchrock Chapter, among other suggestions.

“Multiple international human rights treaties say health is a human right. The NMELC and our clients agree, and by licensing uranium projects in drinking water aquifers, the U.S. government has failed to protect the Navajo community’s human rights,” Jantz said. “New uranium mining will further desecrate Navajo communities across the reservation already suffering illnesses and death because of legacy mining and waste.”

Information: http://www.nmenv.state.nm.us/gwb/NMED-GWQB-PublicNotice.htm

5/5/2011 Public News Service: Arizonans Call for Canyon Mining Moratorium

Public News Service: Arizonans Call for Canyon Mining Moratorium PHOENIX, Ariz. – Hundreds of thousands of Americans, including 36 Arizona groups, have weighed in to support a federal proposal for a 20-year ban on new uranium mining claims on 1 million acres near Grand Canyon National Park. A public comment period has just ended. The Obama administration is expected to decide the issue in the next few weeks. Lynn Hamilton is the executive director of Grand Canyon River Guides, a nonprofit group of professional river guides and individuals who love the Grand Canyon. She warns that runoff from existing uranium mines has already polluted several rivers, creeks and springs within the national park. “It’s really alarming for people to feel like the areas that they’re visiting and recreating in, which they consider to be wilderness areas, are tainted in this way.”

Arizona Rep. Raul Grijalva and 62 other members of Congress have sent a letter to Interior Secretary Ken Salazar urging him to approve the proposed 20-year moratorium. Several local governments and Native American tribal governments have also endorsed the proposed mining ban. The industry maintains that modern mining techniques prevent environmental damage.

Hamilton says Native Americans living in northern Arizona have been especially hard-hit by water pollution resulting from uranium mining.

“It’s really a deadly history. Many Native Americans have died from drinking tainted water or from using that water to sustain their livestock and crops when it’s contaminated.”

Hamilton also expresses concern about the potential effect on tourism from uranium mining claims that are “right on the doorstep” of the Grand Canyon.

“This is an area that draws 5 million visitors each year. It contributes almost $700 million annually to the regional economy.”

Grand Canyon tourism supports some 12,000 full-time jobs, she adds.

5/4/2011 – 306,000 Comments submitted today in support of 1-million-acre protection of the Grand Canyon

5/4/2011 – Forgotten People just learned, a total of 306,000 comments were submitted in support of Alternative B (full 1-million-acre protection), which is nothing short of historic. Great work Center for Biological Diversity, Sierra Club and the People!
Grand Canyon Uranium Mining PSA
vimeo.com
Please take action by May 4th to protect the Grand Canyon! Narrated by Craig Childs and directed by James Q Martin, this short video makes a compelling case for the Obama administration’s proposal to protect 1 million acres of public land surrounding…,

Save the Grand Canyon from uranium mining
Posted on April 30, 2011 by forgottenpeople

Uranium mining rips up huge tracts of land to extract radioactive material for use in nuclear weapons and nuclear power plants.1 For the past two years, the Grand Canyon has been protected from these ravages. But now, the temporary mining moratorium is set to expire. The Grand Canyon’s fragile ecosystem, stunning beauty, and vital water supply are threatened by 1,100 new mining claims that have been filed within five miles of this priceless “crown jewel.” The Bureau of Land Management (BLM) is considering a 20-year ban on mining to protect the Grand Canyon’s entire one-million acre watershed. But there are other proposals on the table, and industry lobbyists are encouraging BLM to open the floodgates for the uranium mining rush. It’s essential that we urge the BLM to protect the Grand Canyon.

Tell the Bureau of Land Management: Ban uranium mining at the Grand Canyon. Submit a public comment now. The high price of uranium makes its extraction extremely lucrative for mining companies, but shockingly, the practice is regulated by the antiquated 1872 Mining Law which has no environmental standards to limit the devastation and radioactive damage that results to wildlife, soil, ground and surface water. In fact, the law actually makes exploitative mining a priority over all other uses of public lands. The legacy of mining in the Grand Canyon and has already wrought lasting damage to surrounding areas and tribal communities, who have banned mining on all their lands…. Read More

5/2/2011 Gallup Independent: Northeastern Arizona water rights settlement 'too expensive'

5/2/2011 Gallup Independent Northeastern Arizona water rights settlement ‘too expensive’ By Kathy Helms, Dine Bureau, Gallup Independent:   WINDOW ROCK – The proposed $800 million Northeastern Arizona Indian Water Rights Settlement Agreement approved by the Navajo Nation last November is “too expensive” and will not be introduced to Congress in its current form, according to court documents.  An April 19 report from Arizona Superior Court Special Master George A. Schade Jr., states that parties to the settlement were informed March 24 by U.S. Sen. Jon Kyl, R-Ariz., that the proposed settlement is too expensive. Navajo Nation water rights attorney Stanley Pollack stated in the report that Kyl is unwilling to introduce legislation to authorize the settlement in its current form given the current political and fiscal climate in Washington.

However, Kyl encouraged the parties to reach new settlement language by June so that he might submit legislation to Congress prior to his retirement in 2012 at the end of the current Congress. Pollack informed Schade that the parties were scheduled to meet with Kyl last week in Phoenix to discuss possible terms. Since being advised that the proposed settlement is too expensive, the negotiating parties have been meeting to revise the terms and make it less costly.

The Navajo Nation’s San Juan River water rights settlement also had an estimated price tag of $800 million.

Pollack noted that terms approved Nov. 4, 2010, by the 21st Navajo Nation Council for the Northeastern Arizona settlement are no longer up for consideration because the settlement does not have a chance for success in Congress. No action was taken by the Hopi Tribe, as the document had not gone out to the villages for consideration by the Hopi people.

Under the proposed agreement – which had grassroots Navajos marching on Window Rock in protest – the Navajo Nation would receive 31,000 acre-feet of “fourth priority” water per year, while Navajo Generating Station would receive 34,100 acre-feet per year of Upper Basin water for its continued operation.

Any new settlement terms will require approval by the 22nd Navajo Nation Council and the 32 other parties to the settlement. Pollack reported that he does not anticipate that the terms will be approved by the time federal legislation is introduced.

When contacted Friday, Pollack said he was “hamstrung” from discussing the matter by confidentiality orders, however, he did say, “The Arizona discussions are not dead.”

The settlement springs from the Little Colorado River adjudication which has been ongoing since March 14, 2003, when the Navajo Nation took legal action challenging the Secretary of the Interior’s operation of various management programs in the Lower Basin of the Colorado River. Numerous parties have since intervened, among them the state of Arizona, Central Arizona Water Conservation District, Salt River Project, Arizona Power Authority, the Metropolitan Water District of Southern California, and the state of Nevada.

The Navajo Nation and the United States stipulated to granting all motions to intervene and to a two-year stay of the litigation so the Interior could appoint an Indian water rights settlement team and pursue efforts to resolve the Nation’s water rights claims through negotiation and settlement.

On April 12, parties involved in the case requested a four-month extension of stay until Aug. 15 in the federal court case, the Navajo Nation v. United States Department of the Interior, et al., and U.S. District Court Judge Paul Rosenblatt granted the stay April 19. The court has repeatedly granted extensions of the original stay issued in October 2004.

Water from the Little Colorado River system could affect the magnitude of the Nation’s claim to water from the main stem Colorado River. In 2005, the parties acknowledged that resources within the Little Colorado River Basin are not sufficient to secure a permanent homeland for the Navajo people. The “Kyl Report” and other studies have reached the conclusion that there would be a need for some imported water supplies from the Colorado River.

During November’s protest in Window Rock, Jeneda Benally said the Navajo people were opposed to having their water rights “sold out underneath us, because our future generations … are going to be affected by this decision, and 31,000 acre-feet of water is not enough. We need to be able to sustain ourselves as a people, and for that we need water. Water is life.”

Many of the grassroots people also were upset that the language called for waiving all “past, present and future claims for water rights arising from time immemorial” that are based upon aboriginal occupancy. Navajo also would waive any claims for injury to water quality – another concern of residents who have been impacted by past coal and uranium mining.