Just when I thought facebook was becoming too much of a pain in the butt to waste time even checking the newsfeed, Navajo Truth Stop SB 2109 posts a link to Dine’ Water Rights’ sweet piece that demands to be SHARED: Reasons why SB 2109 should be smacked down all around Senators McCain and Kyl. Shame, Shame! O, I forgot, this is America where the motto is not “Do No Harm” — but rather,”Do Whatever the hell you can make a profit off any way you can — Just DO NOT GET CAUGHT. If caught, deny, deny, deny till the day you die.” The post said “share”– so I’m sharing. I wonder what Stanley Pollock is thinking about now. I bet John McCain knows!
Hmm, I bet some of you wish I’d stick to writing book reviews. Don’t worry there are more of those forthcoming.
Here’s a link to Dine’ Water Rights http://dinewaterrights.org/2012/05/131/
Here’s the content Navajo Truth Stop SB 2109 link shared:
Ya’at’eeh,
Here is a Navajo Nation resolution with proposed wording that clarifies the reasons why Navajo Chapters should not support SB 2109:
The [Chapterhouse Name] as part of the Navajo Nation.
Sponsors: [Resident from Chapter]
Topic: “Opposing “NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT AGREEMENT,” S2109 (“Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012”) and HR 4067 (“ Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012”
The [CHAPTER HOUSE NAME]
Whereas, the Navajo Nation is in grave need of fresh drinking water presently and for the future.
Whereas, The State of Arizona, State of New Mexico, State of California, State of Nevada and Mexico have been appropriated 2,800,000 acre-feet Colorado River Water in Arizona v. California , 547 US 150, 126 S.Ct. 1543, 155,
Whereas, The Navajo Nation was denied entry into Arizona v. California, November 20, 1961, 368 US 917, and January 8, 1962 368 US 950 which is discriminatory as other Indian tribes were let in even though they were barred,
Whereas, In re the GENERAL ADJUDICATION OF All RIGHTS TO USE WATER IN the GILA RIVER SYSTEM AND SOURCE, Supreme Court of Arizona, Nov. 26, 2001, decrees that water be “tailored to the reservation’s minimal need,” “consideration of existing users’ water rights,” “realistic basis for measuring tribal entitlements.”, and “welfare and progress of our indigenous population is inextricably tied to and inseparable from the welfare and progress of the entire state.” is ridiculously lopsided controlling decree that favors the State of Arizona and no future water for the Navajo Nation.
“NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT AGREEMENT,” S2109 (“Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012”) and HR 4067 (“ Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012” is bad water legislation and termination of the Navajo Nation and Hopi Tribe for the following reason:
1. $199 million and other monies for a total of $358.7 million not guaranteed by the US , S2109 Sec. 109(c),
2. Navajo Water Projects not guaranteed by the US government. S2109 Sec. 103 (a)(6),
3. Poorly written settlement agreement, S2109 and HR 4067,
4. Universal execution and release of claims against the State (or any agency or political subdivision of the State), the Hopi Tribe, or any other person, entity, corporation or municipal corporation under Federal, Stateor other law for all for all time. S2109 Sec. 105(a)(1)(A),
5. Retained claims in S2109 is questionable as retain claims are put back into the category of explicitly waived claims which leaves the Navajo Nation with no water claims including the claim to the Lower Colorado River and Upper Colorado River. S2109 Sec. 105(a)(1)(B),
6. Navajo-Gallup Project water is only a temporary Congressional fix for Navajo Water Rights until a final Indian water rights settlement is approved by Congress for the Lower Colorado River . S2109 Sec. 206 (c)(3)(A),
7. S2109 and Settlement Agreement releases US responsibility of N-Aquifer. S2109, Sec. 103 (c)(3),
8. S2109 and Settlement Agreement give Peabody Coal a license to be exempt from the N-Aquifer Management plan and continued water withdrawals that are damaging the N-Aquifer. S2109 Sec. 104, (e)(1) and Settlement Agreement 6.2,
9. S2109 releases the US from damaging past and present claims relatingin any manner to damages, losses, or injuries to water, water rights, land, or other resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to failure to protect, acquire, or develop water, water rights, or water infrastructure) within the reservation and off-reservation trust land thatfirst accrued at any time prior to the LCR enforceability date. S2109 Sec. 105 (2)(xi),
10. Relieves the US of the Churchrock Uranium spill in 1979. S2109 Sec. 105 (2)(iii) to (iv),
11. Navajo Nations 12 million acre-foot per year claim to the Colorado River is reduced to a claim of 22,589 acre-foot per year. S2109 Sec. 206 (a)(1),
12. If settlement fails, Navajo Nations 12 million acre-foot per year claim to the Colorado River is reduced to a claim of 22,589 acre-foot per year and returned to the Secretary S2109 Sec. 206 (c)(1),
13. If settlement fails, Navajo Nations 12 million acre-foot per year claim to the Colorado River is reduced to a claim of 22,589 acre-foot per year and terminated by the Secretary S2109 Sec. 206 (c)(3)(C),
14. S2109 (c) 3(C) Terminates the Navajo Nation and the S2109 (c) 4 (C) terminates the Hopi Tribe as who can live in the desert without water,
15. Navajo Nation would have unlimited use of groundwater, but C-Aquifer is mostly salty and sulfate. C-Aquifer near Leupp , Arizona already has 11.55 pico-curies per liter of gross alpha radiation close to the maximum limit of 15 pico-curies per liter and high levels of sulfate,
16. Navajo Nation would have unlimited use of groundwater, but R-Aquifer is contains salt and sulfate and connected to the C-Aquifer to radioactive Breccia pipes. R-Aquifer explicitly not defined in S2109. R-Aquifer share with Prescott , Verde Valley , and other Indian Tribes,
17. Navajo Nation would historically get 40,780 acre-feet per year (Settlement Agreement 4.5.2) or radioactive contaminated wate, but Navajo-Hopi Little Colorado River Water Rights Settlement, Report to theNavajo People, April 2012, page 22, by the Navajo Nation Water Rights Commission says 37,780 afy. Either somebody cannot add or the report was never checked,
18. Navajo Nation would get 100,000 acre-feet per year of radioactive water located at Blue Spring, located 2,500 feet below the cliffs of the Little Colorado River Gorge which is salty and sulfate requiring prohibitive distillation costs to purify for drinking,
19. Navajo-Hopi Little Colorado River Water Rights Settlement, Report to the Navajo People, April 2012, page 41, by the Navajo Nation Water Rights Commission says “If Congress fails to fund the projects – Navajo gives not waiver and there is no deal,”, but if settlement fails, Navajo Nations 12 million acre-foot per year claim to the Colorado River is reduced to a claim of 22,589 acre-foot per year and returned to the Secretary S2109 Sec. 206 (c)(1) and termination of water claim and the Navajo and Hopi.
Therefore, the [CHAPTER HOUSE NAME] oppose and reject “NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT AGREEMENT,” S2109 (“Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012”) and HR 4067 (“ Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012” as blackmail with termination of the Navajo andHopi as a consequence. We request that Stanley Pollock be excluded from the Navajo Nation and removed from any water related cases for not appealing the Gila River Adjudication Decree of November 26, 2001 as it provided a controlling tool to terminate the Navajo and Hopi from the face of the Earth.
Therefore, the Navajo Nation water litigation team must be reformed.
Therefore, the US Congress must be lobbied to provide a congressional law to immediately provide 8 million acre-feet of mainstream Colorado River Water as a right for the Churchrock Radiation spill and for the US not providing for the water needs of the Navajo Nation and Hopi Tribe.
This resolution was passed __________ for __________against
On this ______ day, 2012.