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Black Mesa Trust accuses DOI of bullying tactics

(KYKOTSMOVI, Ariz., Sept. 25, 2004)

During the very week that saw an unprecedented celebration of the indigenous peoples of the Americas in Washington, DC, the federal government was intensifying its long-standing strong-arm tactics to wrest natural resources from the Hopi and Navajo people, according to Black Mesa Trust Executive Director Vernon Masayesva.

Steven Griles, former lobbyist for the energy and mining industries and now a top Interior Department official, has ordered Hopi and Navajo government officials to meet with Southern California Edison and Peabody for an "all hands on deck meeting" to reach agreement "in a quick manner" for securing C-aquifer water to supply the slurry operation that moves coal from Black Mesa Mine to the Mohave Generating Station," according to an Associated Press story by Michele Roberts published last week.

Deputy Secretary Griles' involvement in any discussions regarding Mohave is ethically questionable, according to environmental watchdog groups. As a condition of his appointment to Interior, he signed a recusal agreement saying that he would not, in his capacity as a government official, be involved in matters that concerned his former clients. Documents obtained by environmental groups show that Mr. Griles has met with former clients, including the National Mining Association (of which Peabody Energy is a member) and Edison Electric Institute, on numerous occasions since taking office.

The C-aquifer water of which Mr. Griles spoke is necessary to keep the Black Mesa Mine-Mohave Generating Station slurry operation alive, but Peabody Energy has made exquisitely clear in its filing before the California Public Utilities Commission that development of another groundwater source will not end pumping of water from the N-aquifer, the sole supply of drinking water for the Hopi Tribe and the 27,000 Navajos living on Black Mesa, as well as the source of seeps and springs crucial to the ceremonial life of both tribes. In fact, keeping Mohave open using the C-aquifer would guarantee the use of between 500 and 3600 acre feet N-aquifer water a year for maintenance and emergency purposes for another twenty years. So again, Native peoples lose and Peabody and Southern California Edison win.

Peabody's economic stake in Black Mesa Mine is huge. Peabody CEO Irl Engelhardt was a major contributor to the 2000 Bush-Cheney campaign and Peabody was one of the corporate entities at the table when the Cheney energy plan was crafted early in 2001. The company went public (NYSE:BTU) just after the national energy policy plan was released in mid 2001. According to the August 6, 2004 issue of the St. Louis Business Journal, Mr. Englehardt plans to sell 40% of his stock before the end of 2005. As of April 2, 2004, he owned almost 650,000 shares. At the Friday, September 24, 2004 closing price of $58.75/share of BTU, Mr. Englehardt stands to garner more than $15 million as he cashes in 40% of his stock.

Another problem that faces the tribes is that the U.S. Department of Reclamation, which Mr. Griles supervises, is co-owner of Navajo Generating Plant. NGS has a contract with Peabody to buy coal from Kayenta Mine. Under the mine plan submitted by Peabody last February Black Mesa Mine will be merged with Kayenta Mine.

The Bureau of Reclamation, according to the Office of Surface Mining (also supervised by Mr. Griles), will be most likely the "lead agency" in conducting the environmental impact studies of the C-aquifer groundwater pumping proposal. BOR has already concluded that there is sufficient water in the C-aquifer to provide 6,000 acre feet a year for Peabody's mining operations on Black Mesa. (An acre foot is approximately 326,000 gallons of water, or enough water to cover a football field to the depth of one foot.)

"So now we have a situation where the buyer of Peabody coal extracted from Black Mesa is expected to conduct an objective study of the C-aquifer that will allow Peabody to keep mining. Something is clearly wrong here," said Mr. Masayesva.

Also according to Mr. Masayesva, this possible conflict of interest will further complicate the unresolved issues surrounding allegations and new evidence that John Boyden, former chief attorney for Hopi Tribe, was also working for Peabody in 1964-1965 when he was negotiating coal and water leases between Hopi and Peabody. New evidence includes a November 1967 "Personal and Confidential" statement to Peabody "for work done to date" written by Mr. Boyden. The statement of work went back three years to 1964-the height of coal lease negotiations.

"The Interior Department should step back and take a hard look at the real issues before bullying us into continuing to allow what amounts to an illegal taking of Native Americans' trust assets, of which the federal government, explicitly DOI, is the trustee," said Mr. Masayesva.

He continued, "Both the Hopi Tribe and the Navajo Nation should take a more aggressive stance. It is as if they are playground supervisors under the direction of the Department of the Interior. It is their duty to protect Hopi and Navajo children from Peabody, the bully, who is stealing their water while DOI looks the other way."

Organizations supporting Black Mesa Trust's efforts to save the N-aquifer for future generations of Hopi and Navajo children 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.

 

California Commission hears Native voices

 

(FLAGSTAFF, Ariz., July 17, 2004)—Black Mesa Trust Executive Director Vernon Masayesva testified before the California Public Utilities Commission in San Francisco on July 9.

The CPUC held evidentiary hearings from June 14 through July 9 on the future disposition of the Mohave Generating Station in Laughlin, Nevada. A California utility, Southern California Edison, is the majority owner of the Mohave plant.

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. 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, is represented in the proceeding by Dr. Lon House of Water & Energy Consulting.

Dr. House began the day by introducing BMT president Leonard Selestewa, who made this statement: “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. 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 are very much in line with what we are hoping to see accomplished here, and I'm glad to be here. Thank you.”

Before giving his own testimony, Mr. Masayesva read a statement from Jerry Honawa. Mr. Honawa could not attend the hearing because he is “preparing for the Niman ceremony and will begin fasting is about 10 days. Niman or home dance is a way of carrying out our belief that all living things come from water and all will go home back to water from where we all came.”

Mr. Honawa’s opinion was clear: “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.”

Mr. Masayesva then testified that BMT 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, Mr. Masayesva told the Commission, BMT is absolutely opposed to pumping of N-aquifer water even as a backup for the C-aquifer water.

During his cross-examination by James Ham, attorney for the Hopi Tribe, Mr. 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.

Mr. Ham cross-examined Mr. Masayesva about how he thought the tribe would take care the Hopi families who would lose their government jobs if Mohave shuts down and revenues from Black Mesa Mine were therefore not available.

Mr. Masayesva answered, “[W]e as Hopi people need to get over this business of threatening these people [with the loss of jobs on the reservation]. 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.”

He later pointed out that that the Hopi are proud descendents of strong, resourceful, intelligent ancestors who survived many crises in their history and that the Hopi were not the oldest living civilization in North America because they did not know how to handle challenges.

Mr. Masayesva also testified that Black Mesa Trust has submitted letters and other communications to the Tribal Council “to address these precise points. “Two years ago we asked the chairman to call for an economic summit challenging each Hopi … 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,” said Mr. Masayesva. Let's sit down and work out various economic alternatives. We [made this request] before the full council two years ago. Nothing has happened, yet we are talking about so many people are going to lose jobs…making us feel guilty and helpless. We are not. We are very, very aggressive, intelligent, hard-working people.”

Dr. House also represents To’ Nizhoni Ani’, a Navajo grassroots organization opposed to the use of the N-aquifer for the coal slurry operation. He called Marshall Johnson to testify, and Mr. Johnson introduced himself: “I am of Ashihi people, born for the Tl'izi lani, Manygoats. And my grandparents on my maternal side is Haashk'aan haadzohi. And paternal would be Honaaghaahnii.” Peabody, the Navajo Nation, and the Hopi Tribe all objected to the testimony Mr. Johnson was to give, and he was excused.

Nicole Horseherder from Hard Rock Chapter and a founding member of To’Nizhoni Ani’ was also called, and she testified in response to questioning by Christine Hammond, representing the Navajo Nation, who asked Ms. Horseherder how she thought the reduction in revenue would affect Navajos, in terms of roads, schools and other services.

“I would assume [these things would be affected], but you have to understand that where I live, there is no infrastructure. So 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,” Ms. Horseherder answered.

When Ms. Hammond asked her what effect losing mine jobs would have on Navajo families’ standard of living, Ms. 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.”

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

 

California Public Utilities Commission's Mohave Proceeding

Just one ray of sunshine illuminates the argument over whether the obsolete 1580 MW coal-fired Mohave Generating Station in Laughlin, Nevada, will close temporarily—to install pollution control equipment and develop a new source of water for its associated coal slurry pipeline and coal washing facility—or permanently.

A proposal to build two 500 MW solar power plants, one on Hopi and one on Navajo—at a cost less than the price of keeping Mohave going—was filed with the California Public Utilities Commission (CPUC) on October 10, 2003 by Water & Energy Consulting, a California-based firm representing the grassroots organizations Black Mesa Trust and To’ Nizhoni Ani’.

The CPUC proceeding has been underway since May 2002 when the power plant’s majority owner, Southern California Edison, applied to the CPUC either to shut down the plant or to pass on to California ratepayers the initial $58 million needed to begin installing pollution control equipment required by a 1999 consent decree.

Since then the CPUC process has been plagued by the refusal of the Hopi and Navajo Tribes and the Mohave co-owners to disclose information the Commission needs and by other legal ploys designed to complicate and delay the decision.

One concern of the tribes is the revenue that will be lost when Black Mesa Mine, the sole supplier of coal to Mohave, does shut down for a few years—or forever.

However, Black Mesa Trust Executive Director Vernon Masayesva, said, “The closure of Mohave Generating Station and the slurry pipeline—which is anticipated to consume 6000 acre feet of groundwater a year—does not mean economic disaster for the Hopi. The Stirling Energy solar project will create over a 1000 jobs and add $5 to $7 million annually to Hopi tribal revenues, while providing much needed ‘peaking power’ for Southern Californians. The solar generation will require minimal water and is totally consistent with the Hopi belief that we can develop our resources and enjoy the benefits of a modern society without degrading the environment and our culture.”

The solar power plant proposal has so far been rejected out of hand by the Tribes, both of which are fighting to keep Mohave open by agreeing to build a coal washing facility on Black Mesa and investigating the use of C-aquifer groundwater to replace the N-aquifer groundwater that has so far been the only source of water for the slurry pipeline.

Since early summer, 2003, the tribes, Mohave co-owners, Peabody and the Department of the Interior have been advocating development of well fields on tribal land south of Winslow to tap the C-aquifer and construction of a pipeline to take that water to Black Mesa Mine for the coal slurry. Both tribes insist that the pipeline—anticipated to carry about 6000 acre feet of water a year for the coal slurry—be nearly doubled in size to take water to Hopi villages and Navajo chapters along the way.

It has taken nearly a year for the parties to negotiate a Memorandum of Understanding to allow a feasibility study for the project to begin. Signed and partially funded in April 2004, the $6 million-plus study, which is contracted to the U.S. Bureau of Reclamation, is expected to take 18 to 24 months. Federally-required environmental reviews will add another several months to the development of the pipeline, assuming the initial feasibility study is favorable.

There is, however, a fatal flaw in the overall C-aquifer venture, according to Black Mesa Trust.

The MOU that sanctions the C-aquifer study states that N-aquifer water will be used as backup, should the C-aquifer project be interrupted or fail completely. But nowhere does the MOU state for how long, under what exact circumstances, or how much N-aquifer water may be taken. Peabody has virtually unlimited rights to N-aquifer water for mining, and it has offered to make those rights available to whomever ends up being responsible for providing water for the slurry after 2005.

“We could end up in a worse situation than where we started,” said Mr. Masayesva, “because in the future we could be taking 6000 acre feet a year, not 4000, from the N-aquifer just to support coal mining operations. The use of N-aquifer water to slurry coal is already an unjustifiable use of Native American natural resources for corporate profit. The C-aquifer project has the potential to make that exploitation even more devastating. It is incomprehensible that the Department of the Interior, which holds a special trust responsibility to Native peoples, would even consider signing an MOU containing these provisions, let alone allow the project to go forward.”

The proposal to use C-aquifer water as the primary source of water for coal mining led the coal-mine operator, Peabody Energy, to file a revision to its Permanent Program Permit application earlier filed with the Office of Surface Mining (OSM). In the new application, Peabody specifies that C-aquifer, rather than N-aquifer, water will be used for the coal slurry. Because Hopi and Navajo elders objected to the use of N-aquifer water for mining right from the beginning, a permanent mining permit was never issued for the Black Mesa Mine, which the coal company has been operating on a temporary permit for almost two decades. Just before the company filed the new application, Peabody told the CPUC that “OSM personnel assure Peabody that the permit will be issued, following completion of an Environmental Impact Statement (EIS), in 2005.”

OSM’s Rick Holbrook, however, said that the new mining application will indeed require an EIS, but that OSM would never state that a permit would be issued before the EIS was completed.

In the meantime, the CPUC has been evaluating supplementary testimony presented in mid May 2004 in response to the Commission’s acknowledgement that this proceeding is taking an extraordinary amount of time and that some testimony may have needed to updated.

In this new round of testimony, which was filed in preparation for evidentiary hearings scheduled for the last two weeks of June in San Francisco, Southern California Edison continued to frame its arguments to show that Mohave must be shut down for at least several years to allow time to solve coal and water supply issues in a way that makes installing pollution control equipment at the 30-year-old plant worthwhile—and then to do the work. Peabody Coal Company, the Hopi Tribe, and the Navajo Nation continued to argue that the Mohave Generating Station provides the best alternative for supplying roughly 900 MW of electricity to California ratepayers at very competitive prices.

Judah Rose testified for the Hopi Tribe. A significant part of Mr. Rose’s argument was that high-quality Black Mesa coal always has been and is still cheap. “Delivered coal prices at MGS have been $1.32MMBtu for the period 2000-2003. Hence, MGS has a massive cost advantage. Its fuels costs are approximately 80 percent lower than May 10, 2004…natural gas prices,” he offered.

Four people testified on behalf of the Navajo Nation, including President Joe Shirley, Jr., who stated, “The royalties and taxes from lease agreements [for Black Mesa Mine] comprise a substantial portion of the Navajo Nation’s annual budget,” and that the mine is an “important source of employment.”
It is also, President Shirley said, in the best interests of California ratepayers to keep Mohave open. “Historically MGS has been one of the lowest-cost, diverse, and reliable energy sources serving California ratepayers…”

Exhibit 6 on page 45 of Mr. Rose’s testimony is a table showing that “new wind and solar are even more costly than new coal (2000$)” without addressing the Stirling Energy Systems plan put forward by Water & Energy Consulting.

WEC’s Dr. Lon House restated the case for replacing Mohave with two solar power plants on tribal lands.

WEC testimony strongly contests the statements that renewables are too expensive, and refers to the proposal submitted earlier by Stirling Energy Systems for the two 500 MW solar plants on reservation land that would provide peaking power for California.

Dr. Lon House concluded that “the solar option is a cost effective resource addition [to California’s energy-generating capacity] with a purchase power cost of 6.33-6.75 cents/kWh—well within the range of costs proposed by Stirling Energy….”

Hearings are taking place inn San Fransco now. After the publication of an excellent piece of investigative journalism by Sean Reily in the LA Times Magazine, “Gathering Clouds,” SCE and the Tribes withdrew the names of representatives of Black Mesa Trust and To’ Nizhoni Ani’ from their witness lists.

When the CPUC may make a decision on the fate of Mohave and the survival of the Hopi and Navajo peoples, for whom the N-aquifer is an irreplaceable part of their religious and ceremonial life, is not yet known .

The Faces of Water: Black Mesa Trust hosts Japanese researcher

FLAGSTAFF, (Ariz.), May 25, 2004—Black Mesa Trust hosted a well-attended presentation by Dr. Masaru Emoto from Japan on April 28 at Cline Library at Northern Arizona University. The evening began at 7 p.m. with a Hopi welcome song, and a prayer offered by Hopi elder Jerry Honawa.

Dr. Emoto talked about his work with water crystals over the past decade. He has discovered that water is directly affected by human words, thoughts, and actions, and that water will show those effects when it is frozen into ice. Water exposed to Classical music, words of gratitude, or prayers, will form beautiful, complete crystals.

Crystal formed from water of a Hotevilla well. “…When a complete geometric crystal is formed, water is in alignment with nature and the phenomenon we call life. The crystals do not form in water that has been polluted by the results of our failure to remember the laws of nature.” From The Hidden Messages in Water by Dr. Masuru Emoto.
Crystal formed from water from a Hotevilla spring shows a less defined, confused structure.

Photos © by Masaru Emoto

Water exposed to negative words, raucous music, or anger, either will not crystallize at all or will form incomplete or distorted crystals. Dr. Emoto illustrated his talk with slides of water crystals formed when water from different sources was frozen under various conditions.

At the end of the evening Black Mesa Trust Board member Rueben Saufkie presented Dr. Emoto with a piece of Hopi overlay jewelry, a gift from the Water Clan.

“We were honored to host Dr. Emoto,” said Black Mesa Trust Executive Director Vernon Masayesva. “His work helps to show how critical it is to preserve our water resources and to use them properly. What Dr. Emoto has discovered about water is perfectly in keeping with what our Hopi elders have told us all along.”

This evening presentation followed the April 26 Black Mesa Trust Honoring Water Reception and Benefit Auction held at the Museum of Northern Arizona in Flagstaff from 6:30-9:30 p.m.

R. Carlos Nakai played solo flute, and the Moencopi Elderly Program prepared and donated traditional Hopi foods, including patupsuki (bean and hominy stew), somiviki (sweetened blue corn meal wrapped in corn husks), piki, roasted parched corn; and hohoisi (traditional tea), as well as tamales.

Volunteer assistance was provided by Anna Masayesva, and donors of art for the auction included Winter Sun, Northland Publishing, Leonard Selestewa, Babbitt’s Backcountry, Tsakurshovi, and R. Carlos Nakai.

Black Mesa Trust is a grassroots organization dedicated to preserving the N-aquifer for future generations of Hopi and Navajo children.

The Trust is planning its 3rd Annual Water Fair on Hopi for October, and in September the Trust will host a water visioning workshop for tribal and religious leaders of the Colorado Plateau tribes.

Black Mesa Trust opens downtown Flagstaff office

FLAGSTAFF, (Ariz.), February 11, 2004—Black Mesa Trust marked a milestone in its history on February 6 when it officially opened its new office in downtown Flagstaff.

“For our organization, this really is a milestone,” said President Leonard Selestewa. “We need to be centralized so our voice can carry in the four directions from this sacred place [the San Francisco Peaks],the home of the kachinas who come to bless our homeland. It is no coincidence that our office is here."

Navajo artist Shonto Begay dedicates the mural he painted for the new office in downtown Flagstaff.
The initial grant for renting and setting up the office came from New Mexico-based SB Foundation, and representatives from the foundation were among the more than 200 guests who came to celebrate on Friday night. “Water is everything,” said one. “People who love this land know that water is what life is about. The work of Black Mesa Trust relates to historical tribal sovereignty and legal issues—things that went wrong in the past. We can fix those things.”

Black Mesa Trust shares the premises with the Sierra Club and the Arizona Ethnobotanical Research Association. Said runner and Trust supporter Bucky Preston, “This really makes me happy. We now have a place to go. Being in the same space with the Sierra Club and AERA will make it easier to do our work. Opening this office reminds me of running—we worked long and hard, but we finally got there.”

Murals in the new office meeting space were painted by Shonto Begay and Hunter Red Day, both of whom dedicated and signed their work during the opening, for which most of Flagstaff’s activist community turned out to share potluck dishes and birthday cakes for Mr. Begay and the Sierra Club’s Andy Bessler. Anissa Larson painted the mural in the Sierra Club’s office.

Clarence Clearwater, Hunter Red Day, Gave Yaiva and Kelvin Long provided music as both entertainment and as accompaniment to prayers.

Black Mesa Trust is a grassroots organization dedicated to saving the N-aquifer for future generations of Hopi and Navajo children. Peabody Coal pumps more than 4,000 acre feet of water a year from the aquifer, which is the only source of potable water for the Hopi Tribe and the 27,000 Navajos on Black Mesa, as well as the source of springs and seeps sacred to both tribes. Black Mesa Trust supports the position of the Hopi Tribe and Navajo Nation that Peabody must stop pumping from the aquifer no later than December 31, 2005.

“Peabody has resources,” said Mr. Selestewa, “but they don’t have spirit. Spirit can beat money.”

The new office is located at 408 E. Route 66, behind Babbitt Ford on the corner of Elden and Route 66. Everyone is invited to drop by on weekdays. The phone number is (928) 734-9255
info@blackmesatrust.org;
mailing address P.O. Box 33,
Kykotsmovi, AZ 86039.

Black Mesa Trust backs solar power plant

(PHOENIX, Ariz., January 26, 2004)—Black Mesa Trust is strongly urging the California Public Utilities Commission to consider solar power as the replacement for Mohave Generating Station’s electricity output after the end of 2005.

On January 14, CPUC Commissioner Loretta Lynch came to Arizona to meet with Hopi Tribal officials. As is customary, she offered local intervenors in the proceeding an opportunity to meet with her as well. Black Mesa Trust President Leonard Selestewa and Executive Director Vernon Masayesva, as well as Robert Liden, president of Stirling Energy Systems, talked with the commissioner about their solar power plant proposal.

Stirling Energy Systems, through Black Mesa Trust’s representative in the CPUC proceeding, Dr. Lon House of Water & Energy Consulting, has put forward a proposal to build two 500 MW solar power plants, one on Hopi and one on Navajo. The power plants would not only replace power lost to California when Mohave shuts down, but would also provide jobs for Hopis and Navajos on Black Mesa and produce tribal revenues that would help offset the loss of income the tribes will incur when Mohave—the only current buyer of coal from the Black Mesa Mine—closes for an undetermined period at the end of 2005.

Said Mr. Masayesva after the meeting with Commissioner Lynch, “Black Mesa Trust believes the development of solar power is a viable way for Hopis and Navajos to create revenues and jobs. The generation of solar power is environmentally sound, uses very little water, and certainly does not pollute the air. The sun is the most sustainable energy resource we have available to us.”

The ultimate fate of Mohave is still up in the air as the CPUC considers testimony on Southern California Edison’s 2002 application to shut the plant down or require SCE’s customers to pay the initial costs for upgrading the 30-year-old power plant to meet emissions standards specified in a 1999 Consent Decree. The Consent Decree results from the settlement of a lawsuit brought by Grand Canyon Trust and other environmental groups against Mohave owner for reducing visibility at the Grand Canyon.

The CPUC is also taking into account widespread protest against allowing Peabody Coal to continue using N-aquifer water to slurry coal from the Black Mesa Mine to MGS, which is located in Nevada. The N-aquifer is the sole source of drinking water for the Hopi Tribe and the 27,000 Navajos living on Black Mesa, as well as the source of water for springs and seeps sacred to the two tribes. The Hopi Tribe and the Navajo Nation have both stated that a new source of water for the coal slurry must be found.

During the ex-parte communication in Phoenix, Mr. Masayesva and Mr. Selestewa discussed the water issue—including the possibility of using C-aquifer water for the coal slurry—alternative uses for Black Mesa coal, and Peabody’s impoundments of surface water at the mine site.

The main discussion, however, focused on the possibility of building a peak-power solar power plant “of sufficient size to offset the loss of royalties to the Hopis from the closing of the Mohave Plant and the potential to create more jobs for the Hopis than they currently have in mining coal,” according to the notice of ex-parte communication filed by Dr. House on January 14.

Ruben Saufkie, Sr. named to Board of Directors

KYKOTSMOVI, (Ariz.), December 12, 2003—Black Mesa Trust is pleased to welcome Ruben Saufkie, Sr. to its Board of Directors. Mr. Saufkie was elected to the Board during the Trust’s December 6 Board meeting.

Mr. Saufkie said, “I’m from the Water Clan, so I am representing my clan in doing something about our Hopi water situation. I want to stop water from being wasted—for the benefit of my children, grandchildren, and all the generations to come.”

Ruben Saufkie, Sr., Black Mesa Trust's newest Board member, listens as the Board discusses a resolution at its December 6 meeting.
Black Mesa Trust Executive Director Vernon Masayesva said that Mr. Saufkie’s primary responsibility will be “to be involved in community outreach and to work with school children. He will be working directly with Dana Flowers who will be holding water education workshops for teachers in the summer.” Mr. Saufkie himself has four children.

Mr. Saufkie was encouraged to become involved in Black Mesa Trust when he participated in a run from Walpi to Moencopi organized by Bucky Preston in support of the Trust’s efforts. “I was inspired by the people who were there to support our water run,” Mr. Saufkie recalled. “Then Bucky kept me up-to-date about the Trust’s activities until a few days ago when Vernon asked me to consider being involved as a member of the Board.”

Leonard Selestewa, president of Black Mesa Trust, said, “We are very fortunate to be bringing onto the Board a young man who is very open and honest and cares very deeply about our Hopi culture. On behalf of Black Mesa Trust, I want to say that we are very honored to have Ruben Saufkie, Sr. as a member of our Board.”

Mr. Saufkie said that he believes his experience as president of the Second Mesa Day School Board will be helpful as he adds his efforts to the Trust’s goal of preserving the N-aquifer underlying Black Mesa for future generations of Hopi and Navajo children.

One positive outcome of the struggle to get Peabody Energy to stop pumping N-aquifer water for its coal slurry operation, according to Mr. Saufkie, is that the issue is bringing Hopi and Navajo people together. “People who rely on the N-aquifer are working together to stop the pumping,” he said.

He also remarked that it was sad that “some people don’t look at water. They look at money. I would rather have water than money. Without water we will not survive.”

The other members of Black Mesa Trust’s Board of Directors are Elliott Selestewa, Sr., Gilbert Naseyowma, Valjean Joshevama, Sr., Leonard Talaswaima, Verrin Kewenvoyouma, and Leonard Selestewa.

Black Mesa Trust is in the process of putting its case before the California Public Utilities Commission as an intervenor in the CPUC proceeding that will determine whether Mohave Generating Station will be shut down. A coal slurry operation, which uses more than 4,000 acre feet a year of N-aquifer water, transports coal from the Black Mesa Mine to the Mohave power plant in Laughlin, Nevada. Southern California Edison, the majority owner of Mohave, has applied to the CPUC to shut down the 1580 MW generating station or to recover from California ratepayers the initial money Mohave owners must spend to comply with a court order to cut down emissions from the plant won in 1999 by several environmental groups. Currently the work to install the pollution control equipment is far behind schedule and the power plant will therefore shut down at least temporarily at the end of 2005. December 31, 2005 is also the deadline that the Hopi Tribe has given Peabody to stop using N-aquifer water as the primary source of water for the coal slurry. Dr. Lon House of Water & Energy Consulting is representing two grassroots organizations, Black Mesa Trust and To Nizhoni Ani, in the California proceeding.

Hisot Navoti Conference and Second Annual Water Fair

KYKOTSMOVI, (Ariz.), October 24, 2003—“The next 50 years will determine whether we make the Earth strong and healthy again or whether we completely destroy it. That is why some of us are no longer hesitant to share our ancient knowledge with the world,” said Black Mesa Trust Executive Director Vernon Masayesva as he opened the Hisot Navoti (Ancient Knowledge) Conference at the Hopi Veterans’ Memorial Center in Kykotsmovi on the morning of Thursday, October 23.

Mr. Masayesva said that it was the charge of the Hopi people to share their knowledge with the world:
“We see today that one child dies every eight seconds for lack of clean water. We see terrorism and weapons of mass destruction. This is not the Hopi way. Indigenous peoples have so much knowledge and information to share to help begin the healing process. Western science must start to accept indigenous knowledge and integrate it into their thinking.

“We pray this prayer: ‘Every living thing has a right to life. Let life forever continue.’ But every eight seconds a child is sacrificed to the inadequacies of Western science and ethics. It is time for indigenous peoples to take center stage and be part of the international dialog.” Mr. Masayesava has just returned from a ten-day trip to Japan where he conferred with Shinto and Buddhist priests on some of these issues.

The Hisot Navoti Conference continued throughout the day—and on into the next—as people from different cultures shared their thoughts, feelings, comments, and videos.

From Japan, Dr. Masaru Emoto described his research on water, research that shows the form into which water crystallizes depends in part on the social, visual, linguistic and psychological environments to which it is exposed. The very form of the crystal can be determined by something as seemingly simple as playing music.

In Japan, Dr. Emoto and his associates offered a prayer of love and thanks to water in support of Black Mesa Trust's Hisot Navoti Conference.
As part of the Hisot Navoti Conference, Dr. Emoto and his associates in Japan organized a global event to honor the life-sustaining waters of the Earth. At exactly noon, conference participants and guests in Kykotsmovi said in unison the words, “Water, we love you. Water, we respect you. Water, we thank you.” The words were directed to samples of N-aquifer and Hopi spring water that were present throughout the event and that will be sent to Japan to be crystallized and photographed by Dr. Emoto.

All over the world—at exactly noon local time—people repeated the honoring statements, so the prayer moved in space and time around the globe through the 24 time zones.

From the village of Shungopavi a group of Water Clan people brought water from a natural spring to share, reviving an old custom of inviting everyone to drink from the same dipper and thus create a unity among the people.

From Teec Nos Pas came seven Dineh students attending Red Mesa High School with their science teacher, Jean Wielsen.

From San Benito, Texas where the Rio Grande flows into the Gulf of Mexico came an Aztecan dance group led by Helga Garcia Garza. “We came here because we respect and honor the work of Black Mesa Trust,” she said. “We are also having a water crisis. The Rio Grande no longer reaches the Gulf of Mexico. The first time it happened we didn’t know what to think. The second time it was a shock. Then we began to fear for our future. We asked Vernon to come and offer prayers with us. Now we have come to offer prayers in our traditional form of dance.”

From a film by Victor Masayesva, Jr., "Hopi Water Run," participants learned about an event organized by Bucky Preston in support of Black Mesas Trust’s effort to save the N-aquifer from further pumping for Peabody Coal’s slurry operation—and about a magnitude 3.8 earthquake recorded by Northern Arizona University in 1988. Its epicenter was the Peabody well field tapping the N-aquifer.

From producer/director Toby McLeod of Sacred Land Film Project came “In Light of Reverence,” a documentary depicting the destruction of indigenous sacred lands and sites, including Black Mesa.

From the Center for Science in Public Participation came Stevee Blodgett, who said, “The fight to stop Peabody from using N-aquifer water has to go on,” and gave credit to “Vernon and Leonard for going out on their own and doing this work despite opposition from the tribal governments.”

From the Tohono O’odham Nation came a member of the Coyote Clan to tell about his tribe’s battle against a mining company’s proposal to use the tribe’s underground water in exchange for Central Arizona Project water.

From the Hopi Tribal Council came Eugene Kaye, who presented the Hopi Water Team’s perspective on the N-aquifer issue. Both Black Mesa Trust and the Hopi Tribe are agreed on one point: Peabody pumping of the N-aquifer must stop. The disagreement is only about how to achieve that goal.

From the Sierra Club came Andy Bessler, who talked about the successful effort of the Zuni people to stop a coal mining operation that threatened the sacred Zuni Salt Lake.

From Acoma came Manual Pina, a teacher at Scottsdale Community College, to recount the struggle to get reparations for uranium miners, millers, and downwinders. “Our aquifer dried up because of the dewatering process used in mining uranium. Then during the milling process, the ore was separated to make yellow cake to fuel nuclear power plants. The other materials in the ore became waste or tailings, and the tailings got into the streams that flow across our land.”

With incense, dance and stringed instruments, the Aztecan Dance Group performed a Water Blessing Ceremony for the waters of the N-aquifer and the springs on Black Mesa. The group’s leader, Helga Garcia-Garza explained the next day that the group used only stringed instruments, forgoing the culture’s traditional drums, flutes, and gourds. Thus they honored the ingenuity of their ancestors, who, when the Spanish forbade them to play their instruments invented a stringed instrument similar to the instruments used by the Spanish, thinking that the colonizers could not then object to their music. “We honor our elders who saved our religion,” said Ms. Garcia-Garza.
Mr. Pina explained that most of the people owned federal compensation under the Radiation Exposure Compensation Act are still waiting for their money.

“As Indian people, we are low priority. But letthis country go to war and Congress will give money at the drop of a hat. Iraq is a continuation of the genocide. They say that 9-11 was the first time Americans were ever attacked on their own soil. No one took into the account what was done to Native Americans.”

Also from Acoma came Laura Watchempino with a video of an Acoma prayer for water and her own observations about the future. “When I started working for the Water Office in 1996, I thought we would have to claim our water rights. But I now don’t think that we’ll get anywhere in court. Courts will take water as a thing to be divided up, not shared. We need to think about it differently.”

From the Hopi village of Moencopi, “the place of flowing waters,” came Black Mesa Trust President Leonard Selestewa.

“It was indeed something to behold when Moencopi Wash ran from the Black Mesa Mine area in abundance. Half of the water came from springs in the sides of the canyon walls and half from rain water. Now the wash only runs six or eight months a year,” he said.

“My father took a path in life that was a spiritual path. He told me, ‘We’re not just men. We are like Hopi Kachinas.’ My father is a very simple man. I want to be just like my dad. We watch the weather. There is a whole science behind Hopi farming. That science created a harmony between us and our environment. That is what science is.”

From Hotevilla came Jerry Honawa, who offered a prayer at the beginning of the day.

At the end of the day, he summed up the day most eloquently: “It has been a good day.”

On the evening of the 23rd the Veterans Center was the setting for a water blessing ceremony by the Aztecan dance group, a performance of Hopi dancing by Water Clan people, and drumming by the Robert Suqnevaha Group.

The next morning was slated for the educational Water Fair, and educational booths set up by Indian Health Service Engineers, the Hopi Tribe’s Department of Natural Resources, the Cultural Preservation Office, Wildflower Education Center, and the Sierra Club were well-attended by visitors and almost 200 school children.

The Hisot Navoti Conference, however, seemed to have a life of its own as yet more people came to share their traditional knowledge.

A Declaration on Water, which had been drafted the day before, was circulated and Mr. Masayesva outlined a vision for the Trust’s work over the next two years. He explained that the Trust’s goal—in addition to stopping Peabody pumping of the N-aquifer and to helping the elders and our ancestors in correcting a grave mistake—the original signing of the coal and water leases in the mid 1960s—is to confer with many other tribes and fashion an indigenous declaration on water, then to take that declaration to the Fifth World Forum on Water in Mexico City in March, 2006.

“The Colorado Plateau is the Hopi Tusqua, or Homeland, but it is also the Learning Plaza. Our tradition says that this is the place where one day people of all colors will come to fashion the Fifth World, a world where opposite strands—black and white, communal and private, one god or many gods—will be integrated. From the six cardinal directions, people will create a new vision.

Roberto Perez came forward and suggested creating a visual image to symbolize the declaration.

Bucky Preston came forward and offered to organize a run from Hopi to Mexico City and asked that people who

wished to participate contact him because the preparations for the run will have to begin immediately. “I invite all runners to prepare themselves,” he said. “I do this for my children. When our water is gone, they’re all gone. Water is who we are. I ask for your prayers and your strength."

Hopi Day School children enjoy the exhibits at Black Mesa Trust's Water Fair on October 24.
Jason Tanakewowma came forward to say, “Bucky uses his energy to carry messages. We are all runners, Anglos as well as Natives. I am honored by Victor Masayesva, Sr.’s presence here today. I have commended all of you. I thank all of our people who started this program.”

Jerry Honawa came forward to thank participants.

Tony Skrelunas came forward to talk about conservation and sustainable economic development on Native lands.

Then the Water Fair focused on the Hopi Day School children. The children visited the exhibits while technicians got the Veterans Center ready for a benefit concert by Hopi Reggae artist Casper Lomayesva scheduled to begin in just a couple of hours.

Black Mesa Trust expressed thanks to all of the people who donated food and drinks for the events, including Zetta Masayesva, Denise Masayesva, Verna Masayesva, Esther Masayesva, Becky Masayesva, Loraine Monongye, Leora Honawa, Polly Jenkins, Marlene Sekaquaptewa, Delphina Melvin, Erlene Shelton, Leonard Selestewa, Joann Selestewa, Margaret Ahsona, Alice Sekaquaptewa, Marlene Joshevama, Virginia Nuvamsa, Thelma Honahnie, Susan Secakuku, Adrienne Masaquaptewa, Jason Tenakyouma, Marilyn Tewa, Loraine Sahu, and Ethelyn Secakuku.

The Black Mesa Trust Hisot Navoti Conference and Second Annual Water Fair were funded in part by the Christensen Fund and Oxfam America.

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