Navajo Water Rights Talking Points

Talking Points on the proposed Northeastern Arizona Indian
Water Rights Agreement, Legislation 0422-10
Dated October 19, 2010
Photo: Navajo elder drinking contaminated water/Photo Forgotten People1. The Navajo Nation Council should vote No on the proposed Northeastern Arizona Indian Water Rights Agreement, Legislation 0422-10 until the Navajo Nation government installed in early 2011 can take up the settlement negotiations from an honest and fully informed perspective and a quantitative analysis is done of present and future needs for domestic use, large-scale agricultural projects and livestock.
2. There is not only no use of our Treaties in the 400 pages of the proposed Arizona Water Settlement, there is actually no mention whatsoever of either of our Treaties in the proposed settlement agreement.
3. The Navajo Nation is a federally recognized Indian Tribe, having two Treaties with the United States, dated 1849 and 1868 and is the only one of the 22 Arizona Indian Tribes that has a Treaty with the United States but the treaties are not mentioned in the Settlement.
4. The Settlement does not recognize the purposes of the Navajo Indian Reservation, as identified in the 1849 and 1868 Treaties as a "permanent home" specifically for agricultural purposes, with the 1849 Treaty referring to Navajos receiving "implements," which means farm implements, and the 1868 Treaty referring to "cultivating the soil," "seeds and agricultural implements," "farming and mechanical pursuits," and "sheep, goats, and cattle," and also encouraging us to "settle permanently" on our Reservation.
5. No "permanent home" of a people can exist without productive agriculture, and the Navajo People have always been and generally continue to be an agricultural people, while also engaging in many other ways of making a living.
6. Indian Tribes with Treaties rely on those Treaties as the most important foundation of their Indian reserved water rights, which are sometimes referred to as ''Winters Rights."
7. Indian reserved water rights are not lost by non-use, meaning tribes have ongoing rights to use water in the future that they have never used in the past as long as that water is appropriately quantified in the legal process and reasonably serves the purposes of the Reservation.
8. Productive agriculture requires large amounts of water, and agricultural tribes such as ours, with agricultural and permanent home purposes for our Nation, must have full and fair reserved water rights to support their agricultural and other uses, and not just rights limited to past and present uses.
9. In the 1960s and 1970s the Navajo Nation discussed claiming as Winters Rights as much as "two thirds of the annual flow of the Colorado River," which amounts to about ten million acre feet.
10. In 1997, Stanley Pollack publicly announced to a water rights meeting in Santa Fe, New Mexico that the Navajo Nation's basic surface water rights to the Colorado River System in the States of New Mexico, Utah, and Arizona must begin at no less than five million acre feet.


11. The proposed water settlement in its Part 4 even waives our past uses and prior rights to irrigation water in the Little Colorado River drainage, ownership rights that are likely worth $160,000,000 (at the low ownership value of $4,000 an acre foot) and which would otherwise be automatically reserved for us, and ignores values of waived rights and the compensation we should receive if we do not get the water and at our Winters Rights priority.
12. The provisions of the Settlement that address the Little Colorado River and groundwater have too many difficulties with their details for us to cover those provisions in this urgent resolution, but among those are a lack of specific information regarding construction of retentions structures with and without Hopi Tribal Consent, related capital improvement funds, a lack of quantification and specifics for large-scale agriculture, irrigation, livestock development and improvement of the range.
13. The carrot they are using to get support for the Settlement purports people will get piped water without appropriations earmarked in an economic climate with competing interests for funding needed.
14. Climate change is not considered. For the first time, federal estimates issued in August indicate that Lake Mead, the heart of the lower Colorado basin’s water system has the lowest 11-year average in the 100-year-plus recorded history of flows on the basin. The reservoir is now less than 15 inches above the all-time low of 1,083.2 feet set in 1956.
15. Exercise hozho go caution and care when a proposed Settlement is being rushed for a vote with language as follows:
The Settlement, Exhibit 14.1.1 states: Waiver and Release of Claims for
Water rights, Injury to Water Rights and Injury to Water Quality, by the
Navajo Nation on behalf of itself and its members and by the United States
acting in its capacity as Trustee for the Navajo Nation and its members
2.0 WAIVER AND RELEASE OF CLAIMS. 2.1 Except as provided in
3.0 hereof, the Navajo Nation, on behalf of itself and its
Members, and the United States acting in its capacity as trustee for the
Navajo Nation and its Members pursuant to the authorization set forth in
Section of the Act, hereby waive and release any claims against the State,
the Hopi Tribe, or any other person, entity, corporation or municipal
corporation under Federal, State or other law for all:
2.1.1 Past, present and future claims for Water Rights for Navajo Lands
arising from time immemorial.
16. The Settlement is a recipe for economic and political termination of our tribe.
17. Water is the most precious resource of all. Water is life. Please urge the NNC to vote against the proposed Northeastern Arizona Indian Water Rights Agreement, Legislation 0422-10 until the Navajo Nation government installed in early 2011 can take up the settlement negotiations and a quantitative analysis is done of present and future needs for a growing nation to fulfill its purpose affirmed in our treaty rights.

Southern Border Indigenous Peoples Roundtable Symposium

Southern Border Indigenous Peoples Roundtable Symposium

Earthcycles and Censored News will broadcast live!
Thursday, November 18, 10 am to 2 pm
YWCA Frances McClelland Leadership Center
525 N. Bonita Ave Tucson, Arizona

Photo: San Xavier, remembering the migrants/Photo by Brenda Norrell

By Alianza Indigena sin Fronteras/Indigenous Alliance without Borders

For over a decade the Indigenous Alliance Without Borders has worked to be an international voice for traditional southern borderland indigenous peoples. The Indigenous Alliance promotes respect for indigenous rights, border rites of passage and recognition of our indigenous relative’s cultural affiliation with Southern Border Indigenous Nations from California, Arizona and Texas. To ease border crossings for all indigenous peoples residing in Mexico to attend ceremonies, social events and visit family.

Why a Roundtable Border Symposium?

For more than two centuries indigenous peoples have inhabited the southern border long before the establishment of the U.S. and Mexico Nations. Indigenous peoples have been impacted by policies set in the far off capitals of these two nations, but have continued to maintained their cultures and social networks despite these bad government policies indigenous peoples continue to maintain their way of life and address their every day needs; We have continued to maintain our ancient indigenous cultures and social networks within our traditional homelands now divided by the U.S. – Mexico international boundary.

Since 1990, our Indigenous brothers and sisters have been faced with legislation and restrictive border enforcement policies, militarization/border wall, heavy migrant and undocumented traffic, environmental destruction of indigenous borderlands, ceremonial grounds, and sacred sites. We need to educate and inform the general community on border indigenous concerns affecting the southern border indigenous peoples

Round Table Discussion:
•Recent Changes to U.S. Immigration & Border Policies could erode or affirm indigenous peoples rights to maintain their cultural connections across the U.S. – Mexico border;
•Western Hemisphere Travel Initiative does not apply to Indigenous Mexican nationals who are culturally affiliated by blood relative, language, ceremonies and traditions
•Affects of Racism and negative political climate in Arizona on indigenous communities
•Potential Regulatory Solutions and Strategies to promote Southern Indigenous Rights and Justice.

Navajo Water Rights: Free, Prior and Informed Consent

Immediate Release: Contact: Elouise Brown, 505-947-6159 or 928-401-1777
THE HUMAN RIGHT OF THE NAVAJO PEOPLE TO FREE, PRIOR AND INFORMED CONSENT TO APPROVAL OF THE NORTHEASTERN ARIZONA WATER RIGHTS SETTLEMENT AGREEMENT:

Update: Read, download or print the resolution: http://censored-news.blogspot.com/2010/10/navajo-water-rights-human-rights.html
DOODA DESERT ROCK AND THE FORGOTTEN PEOPLE SPEAK TO THE ISSUE
The Navajo Nation Human Rights Commission adopted Resolution No. NNHRCOCT-8-10 on October 1, 2010. It recommends that the Navajo Nation Council should refer the approval of the Northeastern Arizona Water Rights Settlement Agreement to the Navajo People in a referendum.

The resolution is based on consideration of several important factors, and among them is the “world standard” for decisions by indigenous peoples on their resources made by “free, prior, [and] informed consent” (Resolution at Preamble No. 6).

The right of free, prior and informed consent is a right that belongs to all indigenous peoples, including the Navajo People as a collective right to be exercised in the electoral process. The existence of the right as an international human right has been confirmed by the Expert Mechanism on the Rights of Indigenous Peoples in a report to the Human Rights Council of the United Nations that was accepted by the Council. Expert Mechanism on the Rights of Indigenous Peoples, Progress report on the study of indigenous peoples and the right to participate in decision making, ¶¶ 34-42, No. A/HRC/15/35 (23 August 2010); Human Rights Council, Human rights and indigenous peoples, No. A/HRC/RES/15/7 (5 October 2010).

The human rights principles are plain and clear:

• “Free” means done without undue influence or coercion and without regard to favoritism or promises and in an open and transparent way;

• “Prior” means done before the fact and without any binding obligation on the part of the Navajo People done by water negotiators, with side deals and promises that cannot be enforced or favors for approval by public officials;

• “Informed” means that those who make the decision, and it should be the Navajo People in a referendum vote, means that there is adequate, accurate information on the huge 400+ page document that Navajos or ordinary understanding, in their chapters and in the areas that will be affected by the agreement, know precisely what is being proposed and understand its implications and consequences as such impact their daily lives and futures; and

• “Consent” means a knowing act of freely making an informed decision about one’s own future and that of community and of Mother Earth in a meaningful way, namely a referendum vote.
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Hopi Chairman's Proposals Removes Religious Protections in Hopi Constitution

FROM THE HOPI RESERVATION
HOPI CHAIRMAN’S PROPOSALS REMOVES RELIGIOUS PROTECTIONS
IN HOPI CONSTITUTION

Press statement
Freedom to Practice Religion Infringed by Constitutional Changes Proposed by Hopi Chairman
Proposals Strip Religious Leaders Governmental and Religious Authorities Protected in Hopi Constitution
SHUNGOPAVI VILLAGE, Hopi – The right to practice religion is a fundamental right of freedom guaranteed by the Bill of Rights which is part of the U.S. Constitution. These rights according to Ronald Wadsworth, Director of the Hopi Traditional Office located on Shungopavi Village at the Hopi Reservation, are today threatened by Hopi Chairman Leroy Shingotewa.
Hopi Nation Director Wadsworth said “a recent call for the establishment of a ‘revised Hopi Constitutional amounts to the destruction and removal of existing religious and traditional practices effectively creating an environment hostile to religion and thereby ultimately forcing traditional religious practices underground.”
“The First Amendment of the United States Constitution protects the right of the people to practice the religion of their choice. The Hopi Constitution also protects Hopi Religious practices and traditional religious leader’s practices; however, changes proposed by the Hopi Tribal Council Chairman to the Hopi Tribal Constitution reinvent the Hopi Constitution and remove the authorities and traditions of the Hopi people. Hopi Chairman Shingotewa’s so-called reforms intentionally destroy Hopi religion and practices which are the things that make us Hopi. These are the customs and practices of the Hopi people from time immemorial. The Hopi people consider the right to practice our religion a fundamental human right and a fundamental Hopi right. It is an embarrassment and an insult to the Hopi people that a Hopi Chairman who does not practice the Hopi religion leads the charge to remove those protections from the Hopi Constitution” said Ronald Wadsworth, Director of the Hopi Traditional Sovereign Nation Office located at Shungopavi Village on the Hopi Reservation.
“The Village of Shungopavi is a Traditional Village governed by a Kikmongwi since time immemorial and whose powers are inherent in the position of Kikmongwi through the traditional rite of succession. The Hopi Constitution although the creation of the white man’s government provides an additional protection of those powers which have been repeatedly acknowledged by Secretaries of Interior on behalf of the United States Government. In recent years former Secretary of Interior Manuel Lujan acknowledged the sovereignty of the Kikmongwi but also suggested the submission of a Government Plan which would further substantiate the right of Shungopavi Village to act as a sovereign entity without the involvement of the Hopi Tribal Council” said Hopi Nation Director Wadsworth. (See Albuquerque Journal report on meeting between Secretary Lujan and Shungopavi leaders.)
“The audacious and unconstitutional proposal of Hopi Council Chairman Shingotewa proposals eliminating the basic protections of the Hopi people’s right to practice the religion of their choice are unconstitutional and violate the intent and specific language of the Hopi Constitution. Chairman Shingotewa and those members of the Hopi Tribal Council who voted to support the changes to the Hopi Constitution are in violation of their Oath of Office wherein they promise to uphold and protect the traditions, culture, history, and religion of the Hopi people. This is cause for immediate removal and sanction for their actions which willfully violate the Hopi Constitution.”
“This is not only an infringement of the Hopi Constitution but in our opinion an infringement on the rights afforded all Americans in the U.S. Constitution. Hopi Chairman Leroy Shingotewa does not practice the Hopi Religion nor has he been forced to do so, however, his actions can only be construed as dictatorial and intended to subvert Hopi religion and practices leading to the destruction and obliteration of Hopi religion, custom, practices, culture, tradition, language and its history forever” said Hopi Traditional Nation Director Wadsworth.
“Chairman Shingotewa’s proposed amendments to the Hopi Constitution completely reorganize the current governmental system thereby placing the Hopi Tribal Council in a position of dictatorial and extreme power without a checks and balance system. Destroying Tradition and Religion leaves the Chairman and Tribal Council as the sole power at Hopi thereby making every individual subservient to the whims and dictates of the Tribal Council. There would be no accountability for expenditures or any other decision made by the Tribal Council. As it stands now the Tribal Council can oppose any decision of the tribal courts by merely convening itself into a Tribal Court and voting against the courts decision. Although, as it stands right now the Tribal Courts are funded by the Tribal Council and every Judge receives his salary through the courtesy of funds provided by the Tribal Council. The question of true Justice is at issue. Instead the system as devised is now a travesty of justice!” said Director Wadsworth.
“The Bureau of Indian Affairs is well-aware of the actions of the Chairman and Tribal Council but choose to sit quietly by and claim “gee, this is an internal matter and we can’t get involved.” That is nonsense! The Chairman and the Tribal Council are intentionally attempting to destroy Hopi religion and to install a government with exclusive powers and authorities. Of course, the BIA prefers a Tribal Council that will sign new coal leases without the input of the Hopi people. The BIA is responsible for the installation of the Tribal Council form of government for the purpose of easily acquiring permission to mine Indian lands” said Director Wadsworth.
“The Hopi people have not yet digested the fact that elected leaders of the Hopi tribe would have the audacity and temerity to wipe out the Hopi people’s religion. It is not often that religious rights are infringed upon by the decisions of the Hopi Tribal Council but today is a new day and unfortunately the actions of the Chairman require us to speak out on behalf of the protection of our religion and our religious leaders” said Hopi Director Wadsworth.
“We call on the Secretary of Interior to immediately take action to protect the Hopi people and our Hopi Religion. We call on all people to step forward and call the Secretary of Interior, the Assistant Secretary of Interior in Washington, D.C., and call your Congressman and elected leaders and ask them to help the Hopi Leaders stop the Hopi Tribal Council. We need the support of the media and the outcry of religious organizations to help us stop this atrocity from taking place” said Hopi Nation Director Ronald Wadsworth.

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For More Information Contact: Bertha Parker Bert9436@msn.com

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