Posts Tagged 'Hopi water rights'

Nuvamsa requests Secretary of the Interior to withdraw SB 2109 and HR 4067 from Congressional legislative process

November 8, 2012

The Honorable Ken Salazar

Secretary – Department of the Interior

1849 C Street, NW

Washington, DC 20240

Dear Secretary Salazar:

Mr. Secretary, I write this letter to you on behalf of our Hopi and Tewa Senom (People), our traditional leaders and our village governments concerning Senate Bill 2109, “Navajo and Hopi Little Colorado River Water Rights Settlement Act of 2012”. As you know, Arizona Senator Jon Kyl introduced S.2109 to the United States Senate on February 12, 2012. Arizona Senator John McCain co-sponsored this bill. And on February16, 2012, Arizona Congressman Ben Quayle introduced a companion bill, House Resolution No. 4067.

At a historic Hopi Tribal Council meeting on June 15, 2012, held at the Hotevilla Youth/Elderly Center on our reservation, the Hopi Tribal Council enacted Resolution H-072-2012 that formally rejected S.2109 by the Hopi Tribe. A copy of Resolution H-072-2012 is enclosed for your information.

The Hopi Tribal Council enacted this Resolution after our Hopi and Tewa villages, our traditional leaders, our village governments, and tribal members overwhelmingly objected to and rejected S.2109. Several of our past elected Hopi tribal leaders also objected to S.2109 and supported the enactment of Resolution H-072-2012. Enclosed are copies of proclamations and resolutions adopted by our villages and traditional leaders. Also enclosed is a copy of Action Item H-065-2012 endorsed by the past Hopi elected leaders which resulted in the passage of Resolution H-072-2012.

But, we understand Hopi Chairman LeRoy Shingoitewa and certain members of the Hopi Tribal Council will be attending a meeting at the Department of Interior, sponsored by your office, to discuss the proposed changes to S.2109. The Hopi and Tewa Senom vehemently object to this meeting and any attempt to revise S.2109 without prior consultation with us and without our concurrence.

Be advised that Chairman Shingoitewa, the Hopi Tribal Council and the Hopi Water & Energy Team do not have the authority to negotiate S.2109 and any amendments thereto. Resolution H-072-2012 specifically prohibits Chairman Shingoitewa and the Hopi Water & Energy Team from further negotiations of S.2109. This Resolution has never been amended or rescinded, so it is in full force and effect. Consequently, Chairman Shingoitewa does not have the authority to sign the Water Settlement Agreement on behalf of the Hopi Tribe.

The Constitution and By-Laws of the Hopi Tribe, adopted in 1936, is not like other typical Indian Reorganization Act (IRA) constitutions of other tribal nations. The Hopi Constitution acknowledges the traditional and inherent powers of our villages. Our traditional villages are autonomous villages that still maintain their “Inherent Aboriginal Sovereignty” and powers of self-government. Please refer to the enclosed copy of the Hopi Tribal Appellate Court’s Final Answer to Bacavi Village’s Certified Question of Law that addresses the traditional, inherent powers of our villages.

Our villages are the rightful owners of water rights. The authority to negotiate water rights is authority reserved to our villages; and is authority not delegated to the Hopi Tribal Council in the Hopi Constitution. The Hopi Constitution was a “boiler plate” constitution authored by and provided by the United States. As such, the United States already understands that any negotiation and agreement regarding our water rights can only be agreed to with full concurrence and approval of our villages.

Water right is a property right. It is a sacred right of our villages. Any action by Chairman Shingoitewa, the Hopi Tribal Council and other parties may be unconstitutional and may constitute a wrongful taking of property without just compensation under Federal and Hopi tribal law. The Indian Civil Rights Act of 1968 prohibits any Indian tribe from taking private property for public use without just compensation. Thus, our villages would have legitimate claims for compensation for the unlawful taking of their water rights if the Hopi Tribe and other parties proceed with negotiating and pursuing the passage of S.2109.

Mr. Secretary, water is sacred and is central to our Hopi way of life. As Hopi Senom, we have a sacred covenant with our caretaker, Maasau, to protect our traditions, ceremonies and our natural resources. Important matters such as land, water and other natural resources are properly addressed by our traditional leaders and villages. Therefore, we respectfully request that you facilitate the formal withdrawal of S.2109 and H.R. 4067 from the Congressional legislative process.

With Respect,

Benjamin H. Nuvamsa

Village of Shungopavi (Hönwugnwa – Bear Clan)

Former Hopi Tribal Chairman

Enclosures

cc: Honorable Senator Jon Kyl, United States Senate

Honorable Senator John McCain, United States Senate

Honorable Daniel Akaka, Chairman, Senate Committee on Indian Affairs

Honorable Ben Quayle, Representative, House of Representatives

Honorable Kevin Washburn, Assistant Secretary – Indian Affairs

Hopi Traditional Leaders

Hopi Villages

Hopi Tutuveni

Hopi leaders demand stop to further negotiations on SB 2109

November 8, 2012

Honorable Hopi Tribal Council

We find it necessary to write this letter to you concerning Senate Bill 2109, “Navajo and Hopi Little Colorado River Water Rights Settlement Act of 2012”, to instruct you that you must immediately direct Hopi Chairman Leroy Shingoitewa, Council Representative George Mase, and certain members of the Hopi Water & Energy Team, to stop any further negotiation of S.2109 (and H.R. 4067) and the Settlement Agreement.

On June 15, 2012, at a duly constituted Hopi Tribal Council meeting held at the Youth/Elderly Center in the Village of Hotevilla, the Hopi Tribal Council voted, 11 for, and 4 against, to approve Action Item No. H-065-2012, which resulted in the passage of Resolution H-072-2012 (copy attached for your reading). Voting for passage were: Vice Chairman Herman Honanie, Davis Pecusa (Bacavi), Gayver Puhuyesva (Bacavi), Nada Talayumptewa (Kykotsmovi), Carlene Quotskuyva (Kykotsmovi), Rebekah Masayesva (Kykotsmovi), Danny Honanie (Kykotsmovi), Bruce Fredericks (Upper Moenkopi), Leroy Sumatzkuku (Upper Moenkopi), Wayne Kuwanhyoima (Upper Moenkopi), Danny Humetewa (Upper Moenkopi). Voting against were Alph Secakuku(Sipaulovi), George Mase (Sipaulovi), Cedric Kuwaninvaya (Sipaulovi); and Leroy Kewanimptewa (Bacavi).

Resolution H-072-2012 rejected S.2109; and directed Chairman Shingoitewa and the Hopi Water & Energy Team to cease any further negotiation of S.2109. The Resolution also directs Hopi Chairman Shingoitewa to formally notify Senator Jon Kyl and appropriate departments of the Federal government of the Hopi Tribe’s rejection of S.2109.

Our villages, traditional leaders and tribal members overwhelmingly rejected S.2109. They issued village proclamations and resolutions, and wrote letters stating their rejection of S.2109. We attach copies for your reading. At the June 15, 2012 tribal council meeting, there was unanimous opposition to S.2109 by our villages, traditional leaders and tribal members. Not one village, traditional leader, and tribal member spoke in favor of S.2109.

The mandate of the Hopi Senom is very clear, yet Hopi Chairman Leroy Shingoitewa, George Mase and certain members of the Hopi Water & Energy Team continue to negotiate S.2109 and its accompanying Settlement Agreement. Other council representatives are also supporting and are facilitating these negotiations. This is an outright violation of H-072-2012 and constitutes “gross neglect of duty” by Shingoitewa, Mase and certain members of the Hopi Water & Energy Team, and other tribal council representatives who are supporting Shingoitewa’s continuing negotiations.

As members of the Hopi Tribal Council, you are allowing the illegal spending of millions of the tribe’s money (our money) on attorneys on this illegal activity by your failure to stop Shingoitewa and Mase. You are allowing Shingoitewa, Mase and others to spend money illegally on their trips to meet with the Department of Interior officials and other LCR negotiating parties. All expenses beginning June 15, 2012, to continue negotiating S.2109 and the Settlement Agreement are improper and illegal.

The authority to negotiate village water rights under S.2109 is authority that is not granted to the Hopi Tribal Council by the Constitution & By-Laws of the Hopi Tribe. Thus, Leroy Shingoitewa, George Mase and certain members of the Hopi Water & Energy Team do not have the authority to be negotiating S.2109 and the Settlement Agreement. Moreover, Resolution H-072-2012 specifically prohibits Leroy Shingoitewa, as Tribal Chairman, and the Hopi Water & Energy Team from any further negotiations of S.2109.

We encourage you to study the attached Resolution H-072-2012, particularly the second recital. It points out your duties and obligations as tribal council representatives as mandated by the Hopi Constitution. Also study the By-Laws of the Hopi Tribe, at ARTICLE I – DUTIES AND QUALIFICATIONS OF OFFICERS, Section 3, where it requires you, as tribal council representatives, to “truly represent the people of their villages”.

We also remind you of the Hopi Appellate Court’s Final Answer to the Bacavi Village Certified Question. In answering Bacavi Village’s Certified Question, the Court spoke to the authorities of our villages. The Court said “(p)rior to the initial drafting and adoption of the Hopi Constitution in 1936 there was no central Hopi government. Rather, the people comprising the Hopi Tribe lived in 12 self-governing Villages, each of which retained its own aboriginal sovereignty”. The Court also said “the entire structure of the Hopi Constitution indicates that the authority of the central government rests on the bedrock of the aboriginal sovereignty of the Hopi and Tewa villages”.

The Hopi Tribal Council operates on the limited authorities granted it by the villages; and any authority not specifically included in the Hopi Constitution is authority retained by the villages. The authority to negotiate village water rights is authority that has not been granted the Hopi Tribal Council by the villages.

We are aware of meetings being held and attended by Chairman Shingoitewa, George Mase, certain members of the Hopi Water & Energy Team, and their attorneys. We are aware of the scheduled November 14, 2012, meeting with Department of Interior Secretary Ken Salazar in Washington, D.C. We are also aware that certain representatives of the villages of Mishongnovi, Sipaulovi and Upper Moenkopi plan to attend this meeting in Washington, D.C.

We recently obtained a copy of proposed revisions to S.2109 that has been the topic of illegal negotiations by Shingoitewa, Mase and certain members of the Water & Energy Team. While the Navajo Nation Council committees shared this document with its constituents for their comment, Leroy Shingoitewa, George Mase and certain members of the Hopi Water & Energy Team found it convenient to keep this document secret and not share with Hopi villages and tribal members. You will recall we had to go to other sources to obtain a copy of the original S.2109.

It is clear that the Hopi Tribal Council does not have authority to negotiate S.2109 and the Settlement Agreement. And by majority vote in enacting Resolution H-072-2012, you directed Chairman Shingoitewa and the Hopi Water & Energy Team to cease any further negotiations of S.2109, but to date, they have defied your legislative mandate. Therefore, we want you to direct Chairman Shingoitewa, George Mase and the Hopi Water & Energy Team to stop any further negotiation of S.2109 and the Settlement Agreement. This is your duty and obligation to our villages and members of the Hopi Tribe.

We also want you to cancel Chairman Shingoitewa’s, George Mase’s, and certain tribal representatives’ trip to attend the November 14, 2012 meetings in Washington, D.C. Finally, we demand that you direct that letters be written to Senator Jon Kyl, Senator John McCain, Senator Daniel Akaka, and Representative Benjamin Quayle, to withdraw S.2109 and its companion bill, H.R. 4067, with copies of the letters to Interior Secretary Ken Salazar.

We fully expect that you will comply with our demands and respect the will of the Hopi Senom. Your failure will constitute your “serious neglect of duty”; and may require further legal action.

Respectfully,
/s/ Benjamin H. Nuvamsa
______________________________________, Former Hopi Tribal Chairman
/s/ Vernon Masayesva
______________________________________, Former Hopi Tribal Chairman
/s/ Ivan Sidney, Sr.
______________________________________, Former Hopi Tribal Chairman
/s/ Clifford B. Qötsaquahu
______________________________________, Former Hopi Tribal Vice Chairman
/s/ Phillip R. Quochytewa, Sr.
______________________________________, Former Hopi Tribal Vice Chairman
/s/ Todd H. Honyaoma, Sr.
______________________________________, Former Hopi Tribal Vice Chairman
/s/ Caleb H. Johnson
______________________________________, Former Hopi Tribal Vice Chairman
Attachments

cc: Honorable Senator Jon Kyl, United States Senate
Honorable Senator John McCain, United States Senate
Honorable Senator Daniel Akaka, Chairman, Select Committee on Indian Affairs
Honorable Representative Benjamin Quayle, House of Representatives
Honorable Secretary Ken Salazar, Department of the Interior
Honorable Assistant Secretary – Indian Affairs, Kevin Washburn, BIA
Hopi Traditional Leaders
Hopi Villages
Hopi Tutuveni

THE ARIZONA REPUBLIC: “Hopi Tribe unfairly blamed in water-settlement collapse” by LeRoy N. Shingoitewa

The following letter is an opinion piece that Hopi Tribe Chairman LeRoy Shingoitewa published in The Arizona Republic on August 27, 2012. http://www.azcentral.com/arizonarepublic/opinions/articles/20120823hopi-tribe-water-settlement-collapse.html

Hopi Tribe unfairly blamed in water-settlement collapse

by LeRoy N. Shingoitewa

I was disappointed to see the Hopi Tribe’s position on the Little Colorado River water settlement so badly mischaracterized in a Viewpoints column written by U.S. Sens. Jon Kyl and John McCain (“An endless water fight,” Aug. 12).

The settlement would resolve the rights of many parties to water in the Little Colorado’s basin and was reached after 13 years of negotiations between the Hopi Tribe, the Navajo Nation, and numerous federal and state parties.

I am acutely aware of the need for water for our people. More than 40 percent of the homes on the Hopi Reservation have no running water or indoor plumbing. Many Hopi villages receive water with more than four times the allowable levels of arsenic. Water for another village is threatened by uranium pollution. We participated in the settlement negotiations to resolve these problems. There are no Hopi Tribal Council representatives who prefer litigation over settlement.

Despite our support for the settlement, the Hopi Tribal Council also voted to oppose certain provisions in Kyl’s implementing legislation that are extraneous to the water-rights settlement. Specifically, the Council objected to provisions requiring the Navajo Nation to provide water for the Navajo Generating Station or to renew coal-mining leases. Hopi negotiators did not participate in “crafting” these sections.

While these issues are very important, they are not related to ensuring an adequate, sustainable supply of water for our people. Combining these two issues was both unwise and unnecessary.

We informed Kyl of our objections when he joined these two issues. We also communicated the reasons for our position on the proposed legislation. Prior to his column, we submitted suggestions to make the legislation consistent with the settlement agreement. We asked him to remove provisions from the legislation that have nothing to do with the water settlement and to clarify ambiguities in the legislation to comport with assurances we received during the negotiating process. Unfortunately, we have yet to receive a response.

Kyl and McCain unfairly blame the tribes for rejecting the settlement, even though on July 5 the Hopi Tribal Council voted to approve the settlement. All the parties to the settlement negotiations are responsible for the outcome, not just the Hopi Tribe. The state and private parties, who spent millions of dollars on legal fees for the negotiations, will have to answer to their ratepayers and customers for what is now a failed settlement.

Unfortunately, it appears Kyl and McCain have given up hope of enacting legislation to implement the settlement. We are disappointed.

I suspect many of the private parties in northeastern Arizona — who negotiated long and hard for the certainty they desire — are equally disappointed that their interests were overwhelmed by the generating station. After all, none of the power produced by the generating station is consumed in our region. It all subsidizes the pumping of Central Arizona Project water to Phoenix and Tucson.

With all due respect to Kyl, if he had not insisted on including the generating-station issue, the water settlement would be final and on its way to enactment.

I thank Arizona’s senators for their efforts to promote the settlement. In recognition of his impending retirement, I’d also like to thank Kyl for his service to the people of Arizona and wish him well in future endeavors.

The Hopi Tribe stands ready to work with his successor and Arizona’s congressional delegation to solve our water concerns, as well as those of our neighbors. The generating station should be dealt with separately, however, in recognition of the fact that it is a separate issue.

LeRoy N. Shingoitewa is chairman of the Hopi Tribe.

THE ARIZONA REPUBLIC: “An endless tribal water fight” by Jon Kyl and John McCain

The following editorial by Senators Jon Kyl and John McCain appeared in The Arizona Republic on August 13, 2012. The article provides a brief history of Southwest Indian water rights. It also explains their reasons why the Navajo Nation and Hopi Tribe rejected the Navajo-Hopi Little Colorado River Water Rights Settlement Act, and expresses hope that the “Indian parties” will one day agree to a resolution that will provide the people with “wet” water instead of “paper” water.

———–

An endless tribal water fight

Navajos, Hopis opted to let a long-sought settlement slip away

by Jon Kyl and John McCain

“Whiskey is for drinking; water is for fighting.”
That aphorism, long popular among Western water folks, was the prevailing sentiment in the Southwest for the past century. From the riverbank to Congress to the courts, water users fought for water rights.
But victories were not always satisfying. The best one could hope for was a paper decree quantifying water rights. Especially for Indian tribes, what they really needed was not “paper” water but actual “wet” water.
As a result, parties began to negotiate settlements that not only resolved water claims but also included congressionally authorized funding for Indian water projects, upheld federal trust responsibilities and created certainty for non-Indian communities. Even when all the parties are working together, actually achieving a water settlement — particularly coming up with the funding — is usually very hard to do. We saw that recently with the failure of the settlement that included the Navajo Nation and the Hopi Tribe.

We’ve been asked to provide some history, briefly describe the settlement provisions, and discuss the prospect of a congressional resolution to the decades-long dispute.

The U.S. Supreme Court laid the foundation for Indian water-rights claims in 1908, when it ruled that the United States reserved water for Indian reservations. The nature and extent of those water rights, however, remained unclear. Decades of litigation ensued, with tribes, the federal government, states and numerous other claimants fighting it out at the state courthouse. In Arizona, for example, Indian and non-Indian water users have spent more than 30 years trying to resolve claims to the Gila and Little Colorado rivers — expending millions of dollars in the process. Ongoing litigation has also stifled economic growth and development for communities throughout Arizona.
In recent years, those claimants have found a better way to resolve their competing claims. The negotiated water-settlement framework allows the parties to avoid the high costs and uncertainty associated with protracted litigation, while enabling them to define the extent of their water rights and, with legislation, secure funding to put that water to productive use.
Moreover, settlement affords parties the opportunity to proactively address complex and interrelated water issues in a mutually beneficial manner. They can tailor solutions to their specific circumstances by, for example, developing plans to prevent aquifer depletions or to protect sacred springs (two concerns of the Navajos and Hopis). This is why more than two dozen tribes have opted to settle their claims rather than cede that determination to state courts.
The most recent example of such a settlement involves the White Mountain Apache Tribe, which worked with stakeholders to craft an agreement that will provide its Fort Apache Reservation with a reservoir and drinking-water infrastructure while enabling non-Indian parties to better plan for their water future without the high cost of continued litigation against the tribe. The legislation implementing that settlement was enacted into law in 2010.
Likewise, the Navajo Nation and the Hopi Tribe opted to negotiate with the federal government, Arizona and numerous state parties to resolve their water claims. The initial effort centered on both the Colorado River and the Little Colorado River. While we all would have preferred a settlement for both rivers, the Colorado portion ultimately proved too costly in this fiscal climate, so the settlement focused on the Little Colorado only.
The parties’ representatives negotiated both a settlement agreement and legislation that would have recognized and satisfied the tribes’ claims to the Little Colorado River, placed limits on non-Indian water uses, reserved 27,089 acre-feet of water for a future Colorado River settlement and provided more than $350million in funding for three drinking-water projects to serve the Navajo and Hopi people.
Unfortunately, both tribes voted not to proceed with the legislation. There seemed to be three reasons. First, some objected to the fact that we introduced the legislation before formal approval by the parties — but that is standard practice and was agreed to by the parties’ representatives. The object was to protect our place in the legislative queue pending formal approval of the agreement by each party. Given the limited time available this year to request hearings and move the bill, we believed this was prudent, and we assured the parties that formal approval by all parties — including the Navajo Nation and the Hopi Tribe — had to occur before we would move forward in Congress.
A second concern centered on the inclusion of a provision involving Navajo Generating Station in order to provide the Navajo Nation the option of securing Central Arizona Project water for the significant population in and around Window Rock. Without that option, the additional water would not be available until the Navajo Nation resolved its claim to the Colorado River. We believed it was important to find a way to get water to Window Rock, and after a lot of work, the parties, including Navajo and Hopi representatives, crafted that provision. But their tribal councils identified it as one of the reasons they opposed the settlement legislation.
Finally, it appears that some believed the tribes would be better off litigating their claims in state court, notwithstanding the financial drain of protracted litigation and the fact that litigation produces no funding for projects to put the water to use.
While we respect the Navajo and Hopi councils’ decisions, we regret that they have closed the already narrow window of opportunity to pass legislation this year. With tight fiscal constraints in Washington, we see little prospect for settling their claims with supporting legislation in the foreseeable future. We will, of course, continue to work with all the parties. We particularly hope the Indian parties choose to pursue a resolution that will allow them to achieve not just water rights on paper, but to actually secure “wet” water for their people.
Jon Kyl and John McCain represent Arizona in the U.S. Senate.

Criticism over distribution of Hopi Tribe LCR Settlement Agreement “Fact Sheet”

UPDATE July 15, 2012: On Saturday I noted that the following responses from Benjamin H. Nuvamsa and Rosanda Suetopka Thayer focused on Micah Loma’omvaya’s (Hopi Chief of Staff) role in distributing last week’s Hopi Tribe LCR Settlement Agreement “Fact Sheet“. I now realize that their comments refer to a Press Release that the Hopi Tribe issued on July 12 surrounding Rosanda Suetopka Thayer’s efforts to remove Chairman Leroy Shingoitewa from office. Click here for a copy of the Press Release. I apologize for the confusion.
—————————————————
Benjamin H. Nuvamsa, July 13, 2012
There seems to be certain amount of credence placed recently by the local news media on comments, quotes, etc. from staff (political appointees) other than directly from the Hopi tribal chairman Leroy Shingoitewa, particularly concerning the current water rights debate.  Be advised that we do not place any credence or credibility on comments made by Shingoitewa’s staff, like comments by Micah Lomaomvaya.  Micah is not tribal chairman, vice chairman; and therefore has no authority to speak on behalf of the Hopi Tribe.  He has no authority to be issuing press releases, or making comments on any matter in the papers.  Those authorities are vested in the tribal chairman.  Those authorities and protocols are similar to the Office of the President of the United States.  We do not see any press releases, nor comments coming out of Vice Chairman Honanie’s office, because he understands and respects the proper delegations of authority.  He understands the protocols and when it is an appropriate time to issue statements on behalf of his office, or on behalf of the tribe.  Thank you.
———————————————–
Rosanda Suetopka Thayer, July 13, 2012
“Its truly unfortunate and completely unprofessional that Micah Loma’omvaya, chief of staff for Mr. Shingoitewa, without formal Hopi Council authorization to release such a ill-informed press statement regarding the Hopi and Tewa grassroots movement to remove Shingoitewa for serious neglect of duty.
Only the Hopi Tribal Council through formal action or the Hopi chairman with council authorization can speak on behalf of the tribe, not a politically appointed staff member like Loma’omvaya.
For me personally, Loma’omvaya’s release shows the level of paranoia, intimidation and lack of signature accountability, that Shingoitewa has created and fosters at the Hopi Tribe against anyone who opposes him, including all members of the media, tribal or non-tribal.
This has been evidenced by Shingoitewa’s refusal to allow reporters into local publicly posted Hopi council meetings over his past two years in office including the Hopi Tribes’ own newspaper, the Hopi Tutuveni, which is the only local and free news medium available to Hopi community members for public information.
No community member, enrolled or un-enrolled is safe from Shingoitewa and his supporters, especially after such a heated public battle where clearly the Hopi and Tewa people did not support Shingoitewa’s LCR settlement proposal and in which Shingoitewa continues to try and re-visit an already dead tribal water issue.
The “Shingoitewa Removal” public meeting slated for Saturday, July 14th at the First Mesa Consolidated villages community will still move forward with the full open support of Hopis and Tewas who want Shingoitewa removed from office for serious neglect of duty.”

PRESS RELEASE: Hopi Tribe Endorses Historic Little Colorado Water Rights Settlement

While the following press release notes that the “Hopi Tribe” endorses the Little Colorado Water Rights Settlement, opinions and policies passed down from the Hopi Tribe do not reflect the opinion of all Hopi people or villages. Many Hopis are against SB 2109 and the Little Colorado Water Rights Settlement that Hopi Chairman LeRoy Shingoitewa proposes here. Keep an eye on this space, as Hopi responses are sure to follow.

————————–

FOR IMMEDIATE RELEASE Contact:
The Hopi Tribe, Office of the Chairman
Chief of Staff
Phone: (928) 734- 3106
Fax: (928) 734-6665

Hopi Tribe Endorses Historic Little Colorado Water Rights Settlement

Kykotsmovi, Ariz. (June 21, 2012) – The Hopi Tribal Council voted today to endorse a  proposed water right settlement for the Tribe’s Little Colorado River water right claims.  The  proposed settlement would end decades-long water rights adjudication and is the first step in  ensuring a dependable supply of clean water for the Tribe.  “I am greatly pleased by the  Council’s decision,” stated Hopi Tribal Chairman LeRoy Shingoitewa.  “For the first time since
our reservation was established we will be able to guarantee clean, reliable water supplies for our people.”

Council Representative George Mase, Chairman of the Tribal Council’s Water and  Energy Team, agreed with Chairman Shingoitewa’s assessment:  “After talking to the Hopi  people and hearing their concerns, it is clear that the people want a clean and reliable water  supply.  Our team negotiated for years to reach a settlement, and I am pleased that the Council  decided to endorse the settlement.”

The Hopi Tribe has claimed reserved water rights from four sources:  on-reservation surface water and groundwater, surface water from the Little Colorado River, and surface  water from the mainstem Colorado River. The proposed settlement would confirm the Hopi  Tribe’s rights to on-reservation surface water and groundwater, reserve a quantity of water from the mainstem Colorado River for a future settlement the Hopi Tribe’s mainstem water  rights claims, provide for the development of essential on-reservation water delivery infrastructure, and establish a framework for the sustainable management of the N-Aquifer  which is currently threatened by unmanaged pumping.  In return, the Tribe would waive its  claims to the Little Colorado River and its damages claims for injuries to water rights or water quality that occur before the settlement goes into effect.

“The Little Colorado River is by far the least reliable of our four potential water sources,” explained Councilman Mase.  “This is a fair tradeoff.”

Chairman Shingoitewa agreed with Councilman Mase’s assessment.  “We are confident the benefits for the Hopi Tribe outweigh the risks of continued litigation,” explained Chairman Shingoitewa. “The settlement proposal provides a path to ensure a lasting supply of clean water for both tribes. Hopefully the Navajo Nation will endorse the settlement as well.”

In order to become effective, Congress also must ratify the settlement and appropriate funds for the development of projects specified in the settlement.  The Hopi Tribal Council voiced its concerns about the proposed federal legislation, which was introduced before the agreement was reached.  The Council has previously instructed Chairman Shingoitewa and Water and Energy Team’s Chairman Mase to co-sign a letter to Senators Kyl and McCain asking for changes in their proposed legislation.  Specifically, the Tribal Council will be asking Senators Kyl and McCain to remove provisions related to the Navajo Generating Station and other items contained in the federal legislation.

“These provisions have nothing to do with our settlement,” explained Chairman  Shingoitwea.  “Therefore, we are asking Senators Kyl and McCain to remove them from the settlement legislation.”

The Hopi Tribe also will seek support for solutions to address water contamination at Moenkopi, First Mesa, and Keams Canyon.  “These are important outstanding issues,” said Councilman Mase.  “We aren’t waiting for the proposed Hopi Groundwater Project to get them resolved.”

Finally, if the proposed settlement is enacted, the Hopi Tribe will pursue its claims to mainstem Colorado River water to ensure a permanent homeland for the Tribe.  “Our claims to water from the mainstem Colorado River are not affected by this settlement,” explained Councilman Mase.  “We will pursue these once the Little Colorado River settlement is ratified by Congress.”

For more information about the settlement, visit the Hopi Tribe’s website at http://www.hopi-nsn.gov/, or call the Office of Chairman, at (928) 734-3106.
# # #

Hopi chairman accused of “gross dereliction”

A message from Ben Nuvamsa….

Attached for your information and dissemination is a complaint we (the former elected leaders of the Hopi Tribe who endorsed Action Item H-065-2012) filed against Hopi Chairman Leroy Shingoitewa for his failure and/or refusal to sign a duly enacted Tribal Council Resolution H-072-2012 that was passed on June 15, 2012, at the Hotevilla Elderly Center.  This resolution opposes and rejects Senator Jon Kyl’s Senate Bill 2109, Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012.  This Resolution was approved/passed by a majority vote of: 11 for; 4 opposed; 0 abstentions.  It represents the express will of our villages, village leaders and tribal members.

There was overwhelming objection to and rejection of Senate Bill 2109 by our villages and tribal members, yet Shingoitewa has purposely and deliberately refused to listen to the Hopi and Tewa people.  Instead, he signed Resolution H-073-2012 passed illegally on June 21, 2012 which endorses Senate Bill 2109 over our objections.  Action Item H-053-2012 was sponsored by Sipaulovi Village Representative George Mase to endorse Senate Bill 2109, which resulted in Resolution H-073-2012.  Resolution H-073-2012 is not the official position of the Hopi and Tewa villages and tribal members regarding Senate Bill 2109.

Even if Shingoitewa refuses, or otherwise fails to sign Resolution H-072-2012, he does not have the constitutional authority to veto a lawful action of the Hopi Tribal Council.  Therefore, this Resolution is in full force and effect, and has the force of tribal law.  If he continues to not sign this Resolution, by this letter, we have implored the Hopi Tribal Council by the attached complaint, to take immediate and appropriate action against Shingoitewa for contempt of tribal council action and for his failure to uphold his duty and obligation as presiding officer of the tribal council, including immediate removal.

A copy of this complaint has been sent to the Hopi Tutuveni for publication, and to other local and national news media.  We asked that this complaint be published in full, unedited text so that all tribal members and the general public can be informed of this matter.  Please disseminate copies of the complaint letter to your fellow tribal members.  Thank you.

Hopi Council shockingly approves Little Colorado settlement – Story by Rosanda Suetopka Thayer

Story to appear this week in the Navajo-Hopi Observer…

Hopi Council shockingly approves Little Colorado settlement
Chairman Shingoitewa breaks 7 to 7 tie vote
story by Rosanda Suetopka Thayer

In a move that was predicted since last Friday, June 15th at the public council meeting at the  Village of Hotevilla by Hopi community members, Hopi traditional leadership and Hopi village  board representatives after Hopi Chairman LeRoy Shingoitewa made the open public statement that  “Its not over.  I plan on bringing this settlement issue back up in council and I do plan on  getting approval.”

Hopi Chairman LeRoy Shingoitewa and his Water and Energy Team Chairman  George Mase, brought their own separate, opposing action item No. H-073-2012 to the Council floor on Thursday morning at the Hopi Council chambers on June 21st for a vote that has now approved and will endorse the proposed water rights agreement to the Little Colorado River for the Hopi Tribe.

The Shingoitewa-Mase approval on Thursday, June 21st comes despite heated public objections and formal
village proclamations against both the SB2109 and the settlement agreement for the LCR from every single Hopi village but Sipaulovi on Second Mesa.

Only one village endorsed the settlement.

Sipaulovi Village Board President, Kim Secakuku read into record, their village approval of the settlement act on Thursday at the Hopi Council chambers before the vote was taken.

Eleven of the twelve Hopi villages voiced their opposition on paper and several made formal in-person presentations to the Hopi council last week on June 15th against any more Hopi tribal government negotiation, waiver of water rights or sovereign water power in regards to the Little Colorado River water settlement and SB 2109 on Hopi’s behalf.

Last week’s action item sponsored by Ben Nuvamsa, Ivan Sidney, Vernon Masayesva all former Hopi Chairmen and four former Hopi Vice Chairmen, Clifford Qotsaquahu, Phillip Quochytewa, Col. Caleb Johnson and Todd Honyaoma had the endorsement signature of current Hopi Vice Chairman Herman Honanie.  Their eight signature joint resolution clearly had overwhelming Hopi public support which was witnessed by the huge public crowd that attended the Hotevilla council session.

The Nuvamsa group won their first round regarding the water settlement issue last week with a  vote of eleven in their favor and four against.  Many Hopis saw this  vote as a victory for Hopi people and their sovereign rights to their water.

But this weeks’ new vote on the Mase action item which is in direct opposition of what was approved  only a little over a week ago, was seven (7) to seven (7) with Shingoitewa breaking the tie, making  it a final vote of eight (8) in favor and seven (7) against the settlement agreement for the LCR.

To date, the Nuvamsa resolution approved and voted on last week, Friday the 15th has not been signed off by the Hopi Chairman or the Tribal Council Secretary Martha Mase, which is in direct violation of constitutional duties outlined for tribal officers once a resolution has been approved.

Nuvamsa tried in vain over the past week to get a final formal signed approved copy of his groups’  resolution but as of Friday the 22nd, it could not be found at the Hopi Tribal executive offices.

Voting to approve the Little Colorado River settlement against the wishes of the Hopi people and Hopi villages were Upper Moencopi representatives, Wayne Kuwanhyoima, Bruce Fredericks, Danny Humetewa. Sipaulovi representatives, George Mase, Cedric Kuwaninvaya, Alph Secakuku. Bacavi representative  Leroy Kewanimptewa.  Upper Moencopi representive Leroy Sumatzkuku was not present during the vote.

Voting against the settlement were Vice Chairman Herman Honanie, Kykotsmovi representatives Danny Honanie, Rebekah Masasyesva, Carlene Quotskuyva, Nada Talayumptewa.  Bacavi representatives Gayver Puhuyesva and Davis Fred Piqosa.

Chairman LeRoy Shingoitewa then broke the tie vote and cast his vote for approving the settlement making it a very slim win by an 8 to 7 final tally.

A large part of what makes this newest Hopi Council vote to approve the settlement is not just the fact that Hopi Chairman Shingoitewa as well as George Mase, who serves as Water and Energy Team Chair have made continuous public statements in news media that “we will not take any vote or make any decisions on the settlement until we have answered all questions and conferred with all villages on this topic” but that public disclosure is far from over.

Several villages are still waiting to have tribal materials presented at their villages and as more and more questions have been posed to the Hopi Chair Shingoitewa via letter and email, no answers have been provided.

Former Hopi Chairman Ivan Sidney said, “As an example, just one of the biggest problems with what  Shingoitewa and Mase did on June 21st is that they failed to rescind the other resolution that the Hopi Council approved last week.
You can’t have two completely conflicting resolutions especially with something like this that has so much impact on the tribe’s most important natural resource, water.   Our grassroots Hopi water groups’ resolution they approved last Friday is still  intact and valid. This just shows that our own Hopi Council doesn’t have a clue about policy development and control.  Their slowness in grasping what they have done really makes you question how well do they really understand what this water bill and agreement really means….if they can’t even correct a simple tribal council resolution process, are they really the ones who should be voting on  something this important?  I think not. Chairman Shingoitewa is in total defiance of the will of the the Hopi people.   I am shocked that we are at this point in Hopi history and government, where we are watching and experiencing subversive tactics by our own chairman and council against our people over a “sacred resource” like this.”

Former Hopi Tribal Chairman Ben Nuvamsa said, “This action by Shingoitewa and Mase is just another example of their total disrespect for their own people.  Shingoitewa does not respect the traditional powers of our villages.  Shingoitewa was elected to serve and represent the wishes of the Hopi people.  Shingoitewa’s action today will only be temporary because the Hopi will and shall have the final say.  This is how it should be. Shingoitewa has clearly violated the Hopi constitution because he is not delegated the power by the villages to waive over sovereign rights to water.  He has now also violated the resolution voted on and approved last week, so he is clearly in “neglect of duty.”  It will be the Hopi people who will hold him accountable.  Shingoitewa was not raised in the Hopi way, we all know this.  He does not understand what water means to us, our way of life, our Hopi culture.  Shingoitewa will go down in history as the chairman who not only tried to abolish our water rights but last year, he tried to  abolish our traditional village powers with his attempt to approve Draft 24A.  Shingoitewa has done a lot of harm to our people and has lost all Hopi public faith in his ability to lead.”

In a formal cover letter issued by Hopi Tribal Council Secretary Martha Mase, with attachment resolution H-073-2012 says,

“The Hopi Council on June 21, 2012 by motion and majority vote, approved Resolution H-073-2012. By passage of this resolution, the Hopi Council endorses the proposed settlement of its claims to the Little Colorado River and its sources, as provided in the March 8, 2012 settlement agreement proposal, such endorsement shall not extend to any modification required to conform the settlement to the  United States Senate Bill 2109 or any other enactment of the settlement by the U.S. Congress.”

The final approved resolution bears the signature of Hopi Tribal Chairman LeRoy N. Shingoitewa and attesting signature of Martha Mase, Hopi Tribal Secretary, citing the vote as eight to seven dated June 21, 2012.

Legal implications of Hopi Tribal Council vote on SB 2109

The following Memorandum was written by Hopi Tribe water rights attorneys Richard Monette and Joe Mentor. The Memo was submitted to the Hopi Tribal Council on June 15, 2012, the same day that the Council voted 11-4 to reject SB 2109 by adopting Hopi Tribal Council Resolution No. H-065-2012. The Memo outlines what they consider to be the legal implications for the Hopi Tribe if the Tribe endorses or rejects SB 2109. Click here to download the Memo as a PDF document. Used with permission.

LCR Water Rights Bill Rejected by Hopi – A Report to Hopi People

A message from Benjamin H. Nuvamsa…                            Sunday June 17, 2012

LCR Water Rights Bill Rejected by Hopi – A Report to Hopi People

Attached is a report to members of the Hopi Tribe and to the Hopi Tribal Council on the council meeting held last Friday, June 15, 2012, regarding our Action Item No. H-065-2012.  Our Action Item is to reject the Little Colorado River Water Rights Agreement, S.2109.  Please pass this information on to other tribal members.  Thanks to everyone, we defeated this dangerous bill introduced by Senators Jon Kyl and John McCain regarding our water rights to the Little Colorado River.

Despite this victory, this matter is not over.  Shingoitewa and Mase are still intent on continuing negotiations on this bill, despite what the action item, and now Resolution, No. H-065-2012, mandates.  In fact, Shingoitewa, Mase and Hopi attorneys are talking to and negotiating with Navajo’s attorneys.  Resolution No. H-065-2012 prohibits Shingoitewa, the Water & Energy Team and the Tribal Council from further negotiations on S.2109.  You should know that George Mase has an Action Item, No. H-053-2012, before the tribal council that “endorses” Senate Bill 2109.  But the council’s vote on June 15, 2012, killed Kyl’s and McCain’s bill and deems George Mase’s action item a moot issue; so it should not be addressed by the tribal council.  We are monitoring this matter and will advise you when the council may act on Mase’s action item so you can attend the council meeting.

——————————————

Below is the report that Nuvamsa refers to in his message. You can also download the report as a PDF document by clicking here

June 16, 2012

To: Honorable Members of the Hopi Tribe

Honorable Members of the Hopi Tribal Council

June 15, 2012, was an historic day in the history of our tribe. Hopi village representatives, traditional leaders and tribal members gathered at the Hotevilla Elderly Center and overwhelmingly rejected Senator Jon Kyl’s and Senator John McCain’s Senate Bill 2109, the Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012. At the end of the long day, the Hopi Tribal Council voted 11 to 4 to pass Action Item H-065-2012 that was endorsed by three former Hopi tribal chairmen and four former Hopi tribal vice chairmen, and sponsored by Vice Chairman Honanie, to reject Senate Bill 2109.

Our Action Item, No. H-065-2012, does several things: (1) it rejects Senate Bill 2109; (2) it prohibits any further negotiations of Senate Bill 2109 by the tribal chairman, Water & Energy Team and the tribal council; (3) it requires the tribal chairman to report the Hopi Tribal Council’s rejection of Senate Bill 2109 to Senator Jon Kyl, to the Congress, Senate Committee on Indian Affairs, and to the Department of Interior; (4) it requires that, if another water rights agreement comes before the tribe, that it will only be decided on by members of the Hopi Tribe through a voter referendum (not the tribal council) after a full and open consultation with and through participation of the villages and tribal members. The council vote also effectively killed the Agreement-in-Principle because without Senate Bill 2109, there is no Agreement-in-Principle.

Not one village, not one tribal member, and not one traditional leader supported Senate Bill 2109. Villages and traditional leaders provided written testimonies, in the form of letters, proclamations and resolutions, all opposing the Kyl/McCain bill. But despite the resounding opposition by the Hopi and Tewa people, there were four votes in opposition to Action Item H-065-2012, most notably by all three representatives from Sipaulovi.

The day did not start without controversy. First, tribal chairman Shingoitewa and Sipaulovi representative George Mase tried to surprise those in attendance by bringing George Mase’s Action Item, No. H-053-2012, to the council floor. But thanks to an objection raised by Kykotsmovi Village Representative Nada Talayumptewa and others, the matter was stopped. Action Item H-053-2012 proposes to endorse Senate Bill 2109.

Next, our request to hold the council meeting in larger facilities was not honored by Shingoitewa, but thanks to former vice chairman Qötsaquahu’s persistence, we forced a vote. After a unanimous vote, we moved the meeting to Hotevilla. Once we convened at Hotevilla, there was yet another attempt by Shingoitewa to exclude the news media. The news media was previously excluded by Shingoitewa in the morning session in council chambers. And again, at the insistence of Qötsaquahu, a vote was taken and the majority vote allowed the news media to stay. But Shingoitewa demanded there will be no recording of the proceedings.

At the outset of the meeting, we insisted that Shingoitewa and the council not control our presentations by limiting what we say and by limiting how long we take to make our presentations. But throughout the entire day, Shingoitewa consistently tried to limit and control our presentations. Because of his constant interruptions and time remaining in the day, many people who traveled from far away and took the time to speak, were not able to address the council. For this, I apologize to these people.

After the presentations, Vice Chairman Honanie made the motion, seconded by Rebecca Masayesva, to approve Action Item H-065-2012. It passed by a vote of 11 to 4. But after the meeting, Hopi chairman Shingoitewa was quoted as saying to the news media, “The tribe will continue water settlement talks with the Navajo Nation, and other industrial users including Peabody Coal and the Navajo Generating Station.” But passage of Action Item H-065-2012 is very specific in prohibiting Shingoitewa, the Water & Energy Team, and the Hopi Tribal Council from any further negotiations of Senate Bill 2109. This statement by Shingoitewa demonstrates his deliberate intention to disregard the voice of the people and would violate the new tribal law passed this day by the Hopi Tribal Council. If he does not abide by the mandate of the villages, traditional leaders and tribal members, and the tribal council, then it would constitute a direct violation of the tribal constitution.

Passage of our action item would now deem George Mase’s Action Item, H-053-2012, a moot issue. But Shingoitewa and Mase are intent on bringing this action item before the tribal council later this month. We encourage you to impose on your council representatives to require George Mase to withdraw his action item. We also encourage everyone to show up at the council chambers when this action item will be discussed and object to the council to act on this action item. Remember this right belongs to the villages, not the tribal council.

In closing, I want to express my deepest, heartfelt appreciation to everyone who participated in this very important issue. This includes all village governments and village leaders who took a stand by issuing proclamations, resolutions, letters; all traditional leaders who issued proclamations, the veterans, allottees, tribal members, and many more. In particular, I want to thank former tribal chairmen and vice chairmen who took personal responsibility to sign the action item and made very compelling arguments to the tribal council. We appreciate the Village of Hotevilla for offering their facility for the meeting. And finally, special appreciation goes to members of the tribal council who voted to support our action item. Your participation and stance against the dangerous Kyl/McCain bill will go down in the annals of our history.

Kwak’wha; Pai’lolmani, 

Benjamin H. Nuvamsa

Shungopavi Village, Bear Clan 

Former Hopi Tribal Chairman 


Copyright Notice

© Matthew Sakiestewa Gilbert and BEYOND THE MESAS, 2009-2014. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Matthew Sakiestewa Gilbert and BEYOND THE MESAS with appropriate and specific direction to the original content.

About the author

Matthew Sakiestewa Gilbert is enrolled with the Hopi Tribe from the village of Upper Moencopi in northeastern Arizona. He is an associate professor of American Indian Studies & History at the University of Illinois at Urbana-Champaign.

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 631 other followers

A Second Wave of Hopi Migration (History of Education Quarterly, August 2014)

Sun Chief: An Autobiography of A Hopi Indian by Don C. Talayesva, New foreword by Matthew Sakiestewa Gilbert (Sept. 2013)

Marathoner Louis Tewanima and the Continuity of Hopi Running, 1908-1912 (Western Historical Quarterly, Autumn 2012). Winner of Spur Award for Best Western Short Nonfiction, Western Writers of America (2013)

“Hopi Footraces and American Marathons, 1912-1930″, American Quarterly, Vol. 62, No. 1, March Issue 2010 (Click image to download article)

Hopi runner Philip Zeyouma’s trophy cups featured on cover of American Quarterly

Education beyond the Mesas: Hopi Students at Sherman Institute, 1902-1929 (University of Nebraska Press, 2010)

Education beyond the Mesas – Introduction (click image to download)

“‘The Hopi Followers': Chief Tawaquaptewa and Hopi Student Advancement at Sherman Institute, 1906-1909″, Journal of American Indian Education, (Click image to download article)

The Indian School on Magnolia Avenue: Voices and Images From Sherman Institute (Oregon State University Press, 2012)

Arizona English Teachers Association highlights Hopi authors (click image to download)

Constitution and Bylaws of the Hopi Tribe (With all amendments, click to download)

Click to listen to KUYI On-Line

Matt’s Goodreads

Twitter Updates

Blog Stats

  • 98,081 hits

Community

Categories


Follow

Get every new post delivered to your Inbox.

Join 631 other followers

%d bloggers like this: