Hopi Water and Energy Team hold first public water hearing
Low community turnout speaks volumes about Hopi water ownership

At the first of the scheduled Hopi public water hearings, there was minimal Hopi public participation. There were mostly empty chairs in the Hopi Veterans Memorial Center on May 31. Only nine Hopi tribal members spoke regarding the Navajo-Hopi Little Colorado Settlement Act, eight members against it and one supporting it. <i>Rosanda Suetopka Thayer/NHO</i>

At the first of the scheduled Hopi public water hearings, there was minimal Hopi public participation. There were mostly empty chairs in the Hopi Veterans Memorial Center on May 31. Only nine Hopi tribal members spoke regarding the Navajo-Hopi Little Colorado Settlement Act, eight members against it and one supporting it. <i>Rosanda Suetopka Thayer/NHO</i>

SECOND MESA, Ariz. - There were only 24 community members, 21 of those Hopi and three who were non-Hopi members, in attendance at a Hopi water hearing held on May 31 at the Hopi Veterans Memorial Center.

More than 27 Hopi central government representatives, including all current Hopi councilmen, Chairman LeRoy Shingoitewa, his Hopi executive staffers, and various Hopi employees were present.

The public water hearing, which had originally been scheduled for May 29, was moved to May 31 without public posting or radio announcements about the date change. This might have contributed to the low community turnout for one of the most important and most controversial natural resource and tribal property issues facing the Hopi people.

There were other reasons offered for the low public turnout by Hopis who did show up to speak against the Hopi Council approving SB 2109.

"Hopis traditionally won't show up at something when they don't approve of like an issue such as this, and the low turnout was a real physical sign, that the Hopi chairman and his Energy team leader and their attorneys are refusing to recognize about the bill. The Hopi community in general does not support SB 2109, we heard this consistently, repeatedly at our Hopi grassroots water education forums that were held for two solid months at all the Hopi villages and most Hopis know that when you don't show up, this is the Hopi traditional way of showing disapproval or dissatisfaction with someone or an issue, you don't agree with," said Ben Nuvamsa, former Hopi Chairman and one of the most vocal opponents of SB 2109.

Nuvamsa was the first to speak at the public hearing after there was much hesitation for anyone to speak publicly at the hearing. Sipaulovi Council Rep. George Mase opened the hearing. Mase also serves as the Hopi Energy and Water Team Chairman on behalf of the Hopi Tribe. He told the crowd that each speaker would only be allowed five minutes and that the Council and its attorneys would not listen to anything that was not specific to the Little Colorado River (LCR) Settlement Agreement and SB 2109.

Mase informed the crowd that if there was sufficient additional time, speakers could have a second opportunity to speak. Several Hopis did take the second opportunity.

"I'm so disappointed with the Hopi Council and Chairman Shing[oitewa]. You all should have been honest with the Hopi public, you have undermined us. I'm unhappy with this settlement. You work for us, you were put in these council positions by our votes, you have forgotten who you work for. I'm not elected to anything, but I do know my culture and my responsibilities to the land and water," said Doris Sekayumptewa, of First Mesa. "Our Hopi community people have been put down by our Hopi Council so much, so now no one wants to say anything at these meetings. This water issue is so important. If you really wanted the Hopi people to approve of your settlement, you should have come to the people first, not after you have already started the negotiations, like you are doing, you should have been upfront."

One of the biggest concerns and questions posed to the Mase, his Water and Energy Team and the councilmen who were present, was "what about the water claim filed in St. Johns' Superior Court in 1985, which was updated in 2009, that is a significantly and far superior claim for Hopi water that took years of field study to justify the claim, which includes countless documents on cornfields, springs, irrigation needs, ranchlands, farmlands, industrial uses including Peabody and Navajo Generating Station, and that the acceptance of LCR SB 2109 settlement will waive all of this extensive prior work and expense taken on by the Hopi Tribe?"

Neither Mase, Shingoitewa nor their attorneys responded.

"You treat us like kids, like we don't understand about water. But we probably know much more about how important water is than the whole council," said Ronald Wadsworth, a traditional leader from Shungopavi. "Our village has serious concerns about this settlement and even the Hopi Constitution speaks to us about our aboriginal rights, how strong they are, you haven't even taken those rights into consideration."

"I want to reiterate the format of today's meeting and why this settlement is being drafted," said Mase. "We can't force you to go to the tribal public meetings, but you have to go if you want to find out what is really going on with our council discussions. I understand that there is other information going around. You keep telling us, that you don't want this settlement, but you never say specifically why you don't want it. That's what we want to know, are there any good parts to this settlement that you do like, we want to know that, too."

Only one of the nine public speakers supported and endorsed the settlement agreement. "There are a few issues in this agreement I don't like, like the NGS inclusion, and I did not support the original agreement that was drafted in 2008, but this new settlement agreement has more separation of details," said Kim Secakuku from Sichomovi and Sipaulovi Villages. "I think this new settlement will bring in wet water and we can get more safe drinking water to our villages that don't have contamination, at least that is what we are being told. We were told a long time ago that we should go out, get educated and learn the White man's ways. And these White men's ways are what is going to move us Hopis into the future. The opposition talks about tradition, but Hopi tradition is only a guide.

"When I look at this settlement, I see it as an opportunity for the eastern side of the Hopi Reservation to get good water. We need to be protected from the Navajos as well. Navajos are never going to look out for us as Hopis. We need to have water out in these areas, so we can build houses and villages as boundaries for the Navajos. I understand what the legislative process is, I worked in a senatorial office. A senator can sponsor legislation but its up to Hopi to make the changes in the actual language. There are items in the current 2109 I do not support but I know who the Hopi Water and Energy Team members are, and they are a good team," said Secakuku.

"This water hearing today was in my opinion, just for show. I know lots of my own village people don't want to come to these kinds of meetings because Mase and Shing[oitewa] expect them to be fully informed the minute they get here to ask any questions, and they are like me; we are coming here to learn more, to hear more information, so we can ask some intelligent questions and get more specifics, but instead we get scolded for not knowing what to ask. This is a really technical and complex issue. How many of us in the village know about quantifying water? Or what the average base price is of an acre foot of industrial use water?" said Alfred Lomaquahu, a community member from the village of Bacavi.

"So what are Peabody, NGS and SRP (Salt River Project) giving up by getting this settlement agreement approved by Hopis?" Lomaquahu asked Attorney Richard Monette.

"Nothing," said Monette. "Peabody, SRP and NGS won't give up anything. These are not your friends. These people are your enemies. But you can't blame your Hopi leaders who in 2008, first signed the initial agreement and the agreement-in-principle. Waivers for the Big Colorado and the Little Colorado were both in that original document, but we have taken the Big Colorado River waiver out of the new agreement; it's off the table. We will be waiving your rights to the Little Colorado, but not the Big Colorado, which has much better water."

Also added to the concerns expressed by Hopis in attendance was Mase, as the council representative, already has an action item titled, No. 053-2012 at the Hopi Council level agenda. No. 053-92012 asks for approval by the Hopi Council to move forward and approve the Navajo Hopi Little Colorado River Settlement Act. It has been at the council secretary's office for over four weeks and has been placed on the formal June agenda.

"Hey, if Mase and Shing[oitewa] are saying that they are still going to the villages to talk with us, get our opinions and want to hear what we want to say and feel on this water settlement before they act, then how come Mase already has that paperwork on the plate to get approval?" said Robin McCartney, village member from Hotevilla. "That doesn't sound right, it seems pretty fishy, so are they really going to consider what the people have to say? Sounds like they are planning to approve it already with or without our input."

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