17 July 2004

(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.



	Breaking News

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.

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