Sam Lewin 3/2/2006

Source: Native Times

The Navajo Nation is appealing a federal court decision that allowed a ski lodge to pollute a sacred site with “reclaimed” water.

"We not only disagree with the lower court opinion on moral and ethical grounds, there are a number of legal errors that we believe provide us with a solid basis for appeal," attorney Howard Shanker said.

Along with the Navajos, Shanker represents several Southwestern tribes upset by a ruling letting management at the Arizona Snowbowl, a lucrative ski lodge boasting thousands of rooms, use what could be in some cases processed toilet bowl water on the San Francisco Peaks. The cause is being heard on the federal level because the Peaks are on public land.

The tribes say that letting the lodge proceed with the plan is a violation of the Religious Freedom Restoration Act. In January a judge ruled that the use of reclaimed wastewater on the Peaks does not constitute under the legal definition a substantial burden on the ability of the tribes to exercise their respective religions, as required by law. U.S. District Judge Paul Rosenblatt also asserted that tribes did not show that their exercise of religion will be impacted by the Snowbowl upgrades, and he claimed that protectors of the Peaks “have identified no shrines or religious ceremonies that would be impacted by the Snowbowl decision.”

Tribal representatives, including Navajo medicineman Steven Begay countered that the entire mountain is sacred, not just portions of it.

Ramon Riley, Cultural Resources Officer for the White Mountain Apache Tribe, said if allowed to continue, the project would deeply compromise tribal values.

“It would probably destroy our people, our way of life,” he said. “Our prayers are not going to be strong.”

Rosenblatt’s ruling allows the lodge to immediately begin work on the Peaks. Tribes are hoping to get an injunction.

Other tribes involved in the suit include the Yavapai-Apache Tribe and the Havasupai Tribe.

NTN Article#: 7616