SB 2109 voted DOWN by Navajo Council — as reported by Native News Network

The Native News Network reports that SB 2109 has been rejected by the Navajo Council in a vote on July 5, 2012. 

For more information visit:

Link to Native New Network story  http://www.nativenewsnetwork.com/navajo-nation-council-votes-down-water-settlement.html

Black Mesa Water Coalition FB link http://www.facebook.com/blackmesawc

Navajo Truth Stop SB 2109 FB link http://www.facebook.com/navajotruth

Get your radioactive water now! Compliments of SB 2109 via Sen. McCain and Kyl! Don’t you too want to glow in the dark?

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.

Reading hell = SB 2109 — Let’s rant!

RANT ALERT!  Forewarning–feel free to skip the first paragraph vent if you’re easily offended by ranting that does not bother with being politically correct. Thank you for your patience, forbearance and understanding.

Ever find your patience dramatically challenged by the inability to read or comprehend the written text? Sometimes this is the result of a language barrier. Sometimes it’s the result of fatigue.  Sometimes it’s the result of a cultural divide.  Sometimes it’s the result of misunderstanding a word or phrase. Sometimes it’s just plain poor reading comprehension skills. Sometimes it results from psychological triggers unexpectedly being set off by a word or phrase. Sometimes it’s just plain ignorance. Sometimes it’s the result of stupidity–yes stupidity for lack of a more accurate politically correct word.  Sometimes it’s the result of a mental or physical illness (I suspect my brother’s inability to comprehend simple rational concepts in English is the result of the former rather than the later impairment as he seems to be functioning on the physical level. But I could be wrong about this conclusion.  A coin flip could decide the issue better than I. But it won’t stop me from sending him a visit from a straightjacket brigade when I have the funds to do so.)  Sometimes it’s the result of a cunning plan to mislead and dissuade folks from realizing one’s intentions. Sometimes it’s just the nature of legal documents.  I could go on with these “Sometimes” but I will spare you such speculations. But do feel free to share your own insights and expand my perspective by doing so.

Oh and let me attempt to make one thing very clear— I do NOT support passage of SB 2109.    Second clarification: Links are to petitions to STOP SB 2109– NOT in support of it.   Are we all chill now?  If this is in any way still unclear– polite and civil requests for clarification will be politely and civilly answered to the best of my ability to do so.

The following is basically a list of some items of interest regarding the continuing saga of SB 2109 which involves a deviously ambiguously constructed senate bill introduced by Senator Jon Kyl and Senator John McCain of Arizona.  Reading the full text of the bill might drive you over the edge with its definitions and legalese language.  Have your favorite painkiller/food comfort readily available as you explore the contents.  I needed two rounds of ibuprofen, more coffee than normally consumed and a quantity of dark chocolate that I will not divulge in order to wade through the damn thing.  Yes, I do believe it was written to be confusing and hard to understand–deliberately.  That’s right deliberately written for difficult reading. And that makes the easily comprehensible sections even more suspect in my paranoid brainpan.  Gee, there’s a reason for writing that way–usually it’s to hide things in plain sight.  O yes, asses need to be covered legally and writing such as this is great for covering asses like McCain and Kyl.  I am so glad I am NOT a journalist with aspirations of total objectivity.  I’d fail utterly as I am well aware of my limitations in this regard.  But I’m not a reporter or journalist—soooooo ON with this blog show!

Virtual comfort food compliments of Yi-Ching Lin photography at http://yichinglin.com/2012/04/12/sweet-potato-pie/  Beware– Yi-Ching has a flare for food photos.

Follow whatever catches your interest. Thank you for visiting my blogcasa.

Following excerpt from Anne Minard’s article at Indian Country Today Media Network. In depth piece  complete with decent map and some  very wishy-washy verbal moves by the likes of Stanley Pollack. Gee, I wonder what motivates folks to write hard to comprehend legislature? Could it be in order to make it harder for people to comprehend and therefore oppose such legislation? OO never! (sarcasm).

Senator Kyl acknowledges in a public video  about the bill that, “Legally, the Navajo Nation and Hopi tribe may assert  claims to larger quantities of water [than are outlined in the settlement] but … they do not have the means to make use of those supplies in a safe and  productive manner. “

Becenti disputes that. “In reality we do have a lot of water projects that we  were talking about 30 years ago,” he said. “But every time we approach the  United States government to approve them, they won’t.”

And Jihan Gearon, executive director of the Black Mesa Water Coalition, says  the provisions that help shore up the future of the Navajo Generating Station  are a direct affront to her group’s efforts to build renewable energy capacity  across the reservation.

“As an organization, our goal is to shut down the Navajo Generating Station  and transition to renewable energy development,” she said. The settlement, on  the other hand, appears to be “part of this big strategy to keep the Navajo  Generating Station going at the lowest possible cost. These things that they’re  stipulating have nothing to do with who should be offered which water. Instead,  they support unsustainable development that’s happening in northern Arizona

Read more:http://indiancountrytodaymedianetwork.com/2012/04/14/little-colorado-water-rights-bill-met-with-protests-from-navajo-and-hopi-communities-108320 http://indiancountrytodaymedianetwork.com/2012/04/14/little-colorado-water-rights-bill-met-with-protests-from-navajo-and-hopi-communities-108320#ixzz1sPGN2xcx

http://indiancountrytodaymedianetwork.com/2012/04/14/little-colorado-water-rights-bill-met-with-protests-from-navajo-and-hopi-communities-108320

Link to petition at change.org U.S. Senate Remove S 2109 from consideration. This petition currently has 7,794 signatures of 10,000 goal.

http://www.change.org/petitions/u-s-senate-remove-s-2109-from-consideration

Link to full text of SB 2109 Navajo-Hope Little Colorado River Water Rights Settlement Act of 2012 http://www.govtrack.us/congress/bills/112/s2109/text

Link to the Native News Network http://www.nativenewsnetwork.com/  and link to Senate Bill 2109 Seeks to Extinguish Navajo Hopi Water Rigths by Ed Beccenti http://www.nativenewsnetwork.com/senate-bill-2109-seeks-to-extinguish-navajo-and-hopi-water-rights.html

Link to Native News Network on Facebook  http://www.facebook.com/navajotruth/posts/388536937846648#!/nativenewsnetwork

Via Native News Network: People being turned away from meeting at Tuba City Charter Hall due to room for only 200 inside. Speakers were set up outside for those not able to enter.  Click photo to visit Native News Network site. Apparently people were told to ask questions only in Navajo and some were not allowed to ask questions.

From National Native News:

The following is the schedule of public forums on the Little Colorado River Water Rights. All meetings are scheduled at 4:00 pm to 7:00 pm at the respective location indicated.

  • April 17   Greyhills High School Auditorium, Tuba City
  • April 18   Pinon High School Auditorium, Pinon
  • April 19   Ganado Chapter House, Ganado
  • April 20   Oak Springs Chapter House, Oak Springs
  • April 24   Leupp Chapter House, Leupp
  • April 25   Teesto Chapter House, Teesto
  • April 26   Fort Defiance Chapter House, Fort Defiance

Take note that there are 110 Navajo communities–not just these 7 picked for meetings.

If you click on the colored sections of the map at the right of the page it will pull up the communities in each area — http://www.nndcd.org/

http://travel.nationalgeographic.com/travel/road-trips/navajo-hopi-arizona-map/

Navajo Nation link for Wikipedia http://en.wikipedia.org/wiki/Navajo_Nation

Navajo Nation Government site link   http://www.navajo-nsn.gov/   Go on visit and put faces with some names.

Climate Connections’ link to KPFK Earth segment with Jihn Gearon, Director of Black Mesa Water Coalition  http://climate-connections.org/2012/04/12/kpfk-earth-segment-jihan-gearon-director-of-black-mesa-water-coalition-on-proposed-arizona-legislation-that-will-have-drastic-effects-on-native-lands-and-the-region/ 

Beyond the Mesas link for Hopi statements http://beyondthemesas.com/tag/hopi/

O I am so sorry if we’re NOT having fun yet.  Some days just don’t cooperate.  Virtual self face slap is in order as I am now annoying myself…….

Please do let me know if any links are broken or not working. Thank you.

Now I need one of those sweet potato yum yums. I don’t deserve it. Just want one.

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