Court denies Flagstaff's snowmaking appeal

FLAGSTAFF, Ariz. - On Jan. 7, the Arizona Supreme Court cleared the way for the Hopi Tribe to move forward with its attempt to stop snowmaking with reclaimed wastewater on the San Francisco Peaks.

In April, the Arizona Court of Appeals sided with the Hopi Tribe saying that the tribe could move forward with its efforts to stop snowmaking. The city of Flagstaff appealed that decision to the Arizona Supreme Court.

Last week, the court denied the city of Flagstaff's appeal.

In April, the judges ruled that the tribe had filed in a timely manner and while previous litigation had considered the environmental effects of snowmaking, no one had argued what those environmental effects would be.

The Court of Appeals concluded that the Hopi Tribe should be allowed to proceed with its claim against the city of Flagtaff that reclaimed wastewater may contain elements "which are harmful to animals," and that the sale of reclaimed wastewater for snowmaking at Snowbowl will "interfere with the public use and enjoyment of surrounding land."

In response to the April decision, former Hopi Tribal Chairman Leroy Shingoitewa said the Hopi Tribe has always maintained that snowmaking with reclaimed wastewater on the San Francisco Peaks is simply wrong.

"Using wastewater harms

the use and enjoyment of these areas and degrades the pristine nature of the Kachina Peaks Wilderness Area," he said. "We look forward to presenting our environmental and public health evidence to the court."

The San Francisco Peaks, where Snowbowl is located, is an ecologically unique alpine ecosystem and contains rare types of habitat and species. The area around the Arizona Snowbowl is of great cultural and religious significance to the Hopi Tribe. The case will now go to the Superior Court in Flagstaff.

Officials with the city of Flagstaff declined to comment on the court's decision.