Received: Monday, April 9, 2012, 9:56 AM




FYI


 

From: First Peoples Human Rights 
Coalition 
Sent: Monday, April 09, 2012 9:37 AM
To: i...@firstpeoplesrights.org 
Subject: A Difficult Choice on Water
 

>From the article below: 
"What the tribes would lose by settling is a crucial 
bargaining chip." 
















 
______________________


 
 
 
April 6, 2012, 
3:39 
PM



A Difficult Choice on 
Water
 
http://green.blogs.nytimes.com/2012/04/06/a-difficult-choice-on-water/
 
By LESLIE MACMILLAN


Arizona’s 
two senators, John McCain and Jon Kyl, traveled to the Navajo reservation this 
week to meet with Navajo and Hopi tribal leaders about a proposed water rights 
accord that would settle the two tribes’ claims to the Little Colorado River 
system.
Associated PressJohn McCain
Mr. Kyl and 
Mr. McCain have introduced a bill known as the Navajo-Hopi Little 
Colorado River Water Rights Settlement, which would require the tribes to 
waive their water rights for “time immemorial” in exchange for groundwater 
delivery projects to three remote communities.
The tribes 
must sign off on the settlement, along with 30 other entities including 
Congress 
and the president, before the bill becomes law.
Mr. Kyl 
said the bill was on a “fast track” and he would like to see it pushed through 
Congress before this session ends. But the outcome is uncertain, as there is a 
disagreement within the Navajo and Hopi governments over whether or not to 
endorse the bill, as well as disapproval within the communities, which are 
pushing for more public hearings.
The 
settlement would benefit the two tribes by providing clean drinking water piped 
directly into their homes, Mr. Kyl said. There is very little surface water on 
the two reservations, he said, adding that most of the water that does exist is 
in aquifers and the tribes can’t afford to build the infrastructure necessary 
to 
gain access to it.

What the tribes would lose 
by settling is a crucial bargaining chip. Other parties, including Peabody Coal 
and two other corporations, want the water for ranching, farming and coal 
mining 
operations. Coal mining in particular uses copious amounts of water for its 
slurries.
The tiny 
Hopi reservation is completely surrounded by the much larger Navajo 
reservation, 
which covers 27,000 square miles of land over sections of Arizona, New Mexico 
and Utah. Many homes lack indoor plumbing, and one out of three families on the 
Navajo reservation does not have access to a public drinking water system, 
according to the Environmental 
Protection Agency. Some wells and springs are still contaminated with 
uranium and other toxic heavy metals, a legacy of 40 years of mining.
In an arid 
region where water is scarce, some tribal leaders are in favor of settling 
their 
claims in exchange for running water. But the bill has also stirred some 
controversy among environmental groups and tribe members, who say that their 
leaders didn’t inform them about the details.
“Water is 
life, and when you take away our water, you take away our lives,” said Ed 
Becenti, a Navajo grass-roots organizer. He said that after the meeting, which 
took place behind closed doors, a crowd of about 200 milling outside followed 
the senators to their cars chanting “Kill bill 2109″ and “Leave our water 
alone.”
He said 
that Senator Kyl should “meet with the Navajo and Hopi grass-roots 
representation on the settlement agreement and go over it in detail.” He added, 
“Our tribal leaders have evidently dropped the ball on this one.”
Several 
environmental groups also oppose the bill. The Grand Canyon Trust, which was 
recently successful in halting new mining claims on federal land around the 
Grand Canyon, characterized the bill on its Web site as containing “several 
dangerous provisions that require a permanent waiver” of water rights.
Mr. Kyl 
acknowledges that the bill has aroused some deep-seated emotions but says that 
it has been widely misunderstood. “There are a lot of very smart people of good 
will who are trying to get these people wet water,” he said. The water the 
tribes have now, he said, exists mainly on paper in the form of rights to water 
that they cannot use.
Mr. Kyl and Mr. 
McCain, both Republicans, met privately with leaders of the two tribes in Tuba 
City on Thursday. Navajo leaders said they were working on scheduling a public 
meeting with the senators in Window Rock, Ariz., the capital of their 
reservation.




  ? 
  2012 The New York Times 
  Company
 
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