Indigenous Peoples and Human Rights

April 12, 2012

Navajo government hires firm to push through Navajo and Hopi water rights theft bill


Protesters crowd politicians in Tuba City
Photo Outta Your Backpack Media
Indigenous Action

Navajo government hires aggressive pro-mining firm to push through water rights theft bill

By Brenda Norrell

Censored News http://www.bsnorrell.blogspot.com

French translation: http://www.chrisp.lautre.net/wpblog/?p=719

The Navajo Nation has hired an aggressive pro-mining firm to push through the theft of Navajo and Hopi water rights for the benefit of non-Indians in Arizona. The scheme would rob Navajos and Hopis of water rights to the Little Colorado River.

Klee Benally, Navajo, said that Navajo President Ben Shelly and the tribal government are using the peoples money to hire the firm, while disposing of their water rights to the Little Colorado River for future generations.

"Aside from the serious concerns with the impacts of the water settlement this action has asserted that the Navajo Nation leadership does not care what the Dine' people think," Benally said.

"How can the Shelly administration on one hand say that they are going to listen to the people's concerns and schedule public forums, and on the other hand hire an aggressive lobbying group to 'secure Congressional approval?'"

"What's the point of these public forums then? To affirm a foregone conclusion? Not only are they supporting the settlement, they are going to spend our money to get it approved. To make matters worse and to clarify that Shelly administration doesn't care what Dine' people say, Brownstein, Hyatt, Farber and Schreck is in bed with the very energy companies that the settlement would benefit."

The Legal Times Blog reports: "Brownstein Hyatt Farber Schreck has notified Congress it is lobbying for the Navajo Nation on legislation that would settle water rights claims of the southwestern tribe.

"The firm has deployed shareholder David Bernhardt, policy director Elizabeth Gore and of counsel Ryan Smith to advocate on the Navajo-Hopi Little Colorado River Water Rights Settlement Act, according to a lobbying registration report Brownstein filed last week. Sen. John McCain (R-Ariz.) and Rep. Benjamin Quayle (R-Ariz.) introduced the legislation last month."

"Navajo Nation President Ben Shelly has commended McCain for introducing the bill and has pledged to work with Congress to pass the measure," Legal Times reports.

Arizona is increasingly desperate for water downstream, as is the Navajo Generating Station, operated by the Salt River Project, and located on Navajoland. It is one of the dirtiest coal-fired power plants in the US. It uses coal from Peabody Coal mining on Black Mesa.

American Indians are guaranteed expansive water rights for their use under the Winters Doctrine.

The water rights scheme would erase those rights.

The lobying firm, Brownstein, Hyatt, Farber and Schreck,  co-chairs the American Legislative Exchange Council (ALEC) Energy, Environment and Agriculture Task Force."
http://www.sourcewatch.org/index.php?title=Brownstein_Hyatt_Farber_Schreck

Have a look at their client list as well: http://www.opensecrets.org/lobby/firmsum.php?id=D000000724&year=2011

Peabody and SRP are both part of ALEC.

Additionally interesting to find that Brownstein Hyatt Farber Schreck, LLP
is part of the Arizona Mining Association: http://www.azmining.com/members/our-members

ABOUT ALEC:
ALEC is not a lobby; it is not a front group. It is much more powerful than that. Through ALEC, behind closed doors, corporations hand state legislators the changes to the law they desire that directly benefit their bottom line. Along with legislators, corporations have membership in ALEC. Corporations sit on all nine ALEC task forces and vote with legislators to approve “model” bills. They have their own corporate governing board which meets jointly with the legislative board. (ALEC says that corporations do not vote on the board.) They fund almost all of ALEC's operations. Participating legislators, overwhelmingly conservative Republicans, then bring those proposals home and introduce them in statehouses across the land as their own brilliant ideas and important public policy innovations—without disclosing that corporations crafted and voted on the bills. ALEC boasts that it has over 1,000 of these bills introduced by legislative members every year, with one in every five of them enacted into law. ALEC describes itself as a “unique,” “unparalleled” and “unmatched” organization. It might be right. It is as if a state legislature had been reconstituted, yet corporations had pushed the people out the door. Learn more at ALECexposed.org.

Read more from Blog of Legal Times: Brownstein Hyatt Lobbying for Navajo Nation on Water Rights

http://legaltimes.typepad.com/blt/2012/03/brownstein-hyatt-lobbying-for-navajo-nation-on-water-rights.html

Hopi and Navajo former leaders respond to water theft bill S.2109

VERNON MASAYESVA, IVAN SIDNEY and BENJAMIN NUVAMSA
 Former chairmen, Hopi Tribe

MILTON BLUEHOUSE
Former president, Navajo Nation

We take this opportunity to respond to Arizona Senator Jon Kyl's April 4 letter concerning Senate Bill 2109, the "Navajo and Hopi Little Colorado River Water Rights Settlement Act of 2012," wherein he suggests that those who oppose this settlement are providing false information and leveling untrue attacks against the settlement.

 The fact of the matter is that S.2109 is not an Indian water rights settlement act. It does nothing to quantify the water rights of the Navajo and Hopi tribal nations to the Little Colorado River and is in direct contravention of the Winters Doctrine. Rather, it is a backhanded approach to providing federal benefits and protections to entities that exploited the natural resources of our tribes for their own economic gain. It ensures that non-Indian corporate interests continue mining our coal and pumping our Navajo Aquifer to produce cheap electricity and deliver wet water to benefit southern Arizona, southern California and southern Nevada, under the guise of an Indian water rights settlement.

 It requires the tribes to give Peabody Western Coal Company and the Salt River Project (SRP) and other owners of the Navajo Generating Station (NGS) tens of thousands of acre-feet of tribal water annually, without compensation. In other words, it gives NGS, a corporate entity, a federal water right. It also requires the tribes to extend the Peabody and NGS leases to 2044 without regard for past and continuing harmful impacts to our health, water supplies, water quality and damage to our precious Navajo Aquifer, as a necessary pre-condition to receiving minimal domestic water pipelines.

 S.2109 requires the tribes to waive all protections against injury to water quality "from time immemorial and thereafter, forever." It also requires the tribes to permanently waive all water rights to the Little Colorado River "from time immemorial and, thereafter, forever that are based on aboriginal occupancy of land by the (tribes) and Members of the (tribes) or their predecessors." The settlement Senator Kyl is pushing is not "consistent with previous water settlements in New Mexico, Montana and Arizona," as he claims.

 We do agree that "it is time to set the record straight." S.2109 is not a water rights settlement act. It is a license to continue the exploitation of our precious natural resources while threatening our tribal sovereignty. S.2109 is very dangerous for the Navajo and Hopi tribal nations and is not acceptable to members of our respective tribes.

 Water is life. Water is sacred; it is central to our way of life, to our ceremonies and traditions. We must protect and preserve it for our future generations.

 

Mohawk Nation News 'Something for Nothing'

SOMETHING FOR NOTHING

Mohawk Nation News
http://www.mohawknationnews.com

MNN.  APRIL 10, 2012. 

Is Kahnawake Mohawk Community being Las Vegas’ized? Who’s trying to eat our brains, to get us to produce a get-something-for-nothing society? 

A casino will affect almost every aspect of our lives. Jealousy, competition and gluttony should not rule our culture or economy. Why live unnaturally and unequally, beyond our means?

We should be strengthening our family and community ties, producing our own energy and food and keeping the soon-to-be desperate foreign interests out. Coming is hunger instead of plenty, cold instead of warmth, violence instead of peace. To survive we have to take care of each other. 

Many of us elders remember the modest and meaningful life we once had. The men went away to do ironwork and the women and children stayed home and took care of our community. 

Having worked in an Indian casino, the harm is easy to see. The house always wins. The work force will be mostly non-natives. Many of us don’t qualify for jobs due to our backgrounds, non-criminal records and not speaking French.

A larger police force is being trained, armed to the teeth, directed from the outside.  Their main job is to protect the casino, employees, management, patrons and financial interests and to keep us quiet.  Disputes will be decided in colonial courts.

What are we giving up?  Our children’s birthright?  The Seigneury lands for a casino? 

Whose nest is being feathered? We need complete honest answers now about how the palms of Quebec, Ottawa, outsiders and their nominees in our community palms are being greased.

No doubt our income and winnings will be taxed. 

What kinds of people will be traversing our lands, looking for who and bringing in what?  The worst of society shall come.

We are promised $1000 a year. Once we take this, we are agreeing to this invasion. There is no accountability. Who are the financiers?  What collateral or property are we putting up for the loan?  Those of our grandchildren who will be born into the debt and turned into corporate Indians of Canada.      

This venture doesn’t make sense. The demographics don’t add up.   

Worse, our people could become habitual gamblers, gambling our lives away.  It’s part of the Indian Affairs 100-year plan to get “rid of the Indian problem," to enrich a few and keep the rest poor.  The divide and conquer card is still in play since 1609 when Champlain dealt it from the bottom of the deck. 

MNN Mohawk Nation News Kahentinetha2@yahoo.com  For more news, books, to donate tomaintain the website [PayPal] and to sign up for MNN newsletters go to www.mohawknationnews.com  More stories at MNN Categories“COLONIALISM/ART/CULTURE”. Address:  Box 991, Kahnawake[Quebec, Canada] J0L 1B0

Store: Indigenous authors – Kahnawake books – Mohawk Warriors Three – WarriorsHand Book – Rebuilding the Iroquois Confederacy.

Category:  World – Colonialism - Great Turtle Island – History – New World Order – courts/police Economics/trade/commerce – Land/environment –art/culture. 

Tags: North American Indians – Turtle Island – Indian holocaust/genocide – NAUNorth American Union – History Canada/US – United Nations – Cointelpro -colonialism.
 

Dine' Calvin Johnson: Talk of getting water to Navajo is hogwash!

TALK OF GETTING WATER TO NAVAJO IS HOGWASH

By Calvin Johnson
Censored News
http://www.bsnorrell.blogspot.com

The talk of getting water to the Navajo Nation is hogwash. What I mean by that is the politicians want the Diné people to support and approve the Little Colorado River Settlement plus certain liabilities to C-aquifer and N-aquifer such as "waive, release, and retentions of all claims" of any rights from "time immemorial and thereafter, forever."

Don't be fooled by Navajo Nation politicians saying that we are against Navajo Nation getting water and "where is your plan?"

Our voices are being ignored by the terms and conditions of the settlement. The main purpose of Senate Bill 2109 is to "resolve litigation against the United States concerning Colorado River operations affecting the states of California, Arizona, and Nevada, and for other purposes."

It's a bill basically limiting and stealing Navajo Nation water forever. This includes modifying any and all leases and agreements made between Navajo Generating Station and Peabody. Why do you think President Ben Shelly is supporting it?

Outside interests want the money, water and electricity forever while we waive our inherited aboriginal rights for only a few hundred acre feet of water. This is not misinformation if the language is coming directly from SB2109 legislation.

If you don't believe me, read the bill. As for the questions of having a plan, we do have a plan. That plan is to have the nation support a clean bill with guaranteed funding without languages like "waive, release, time immemorial, injury, quality, bureau of reclamation, resolve, Peabody, Navajo Generating Station, Arizona Public Service, Department of Water and Power of the City of Los Angeles, Nevada Power Company, Salt River Project Agricultural Improvement and Power District, Central Arizona Project (CAP), leases, coal, railways," etc.

To all my aboriginal brothers and sisters, keep up the good work of standing up for our precious sacred water. I may not be there during your marches but I am there in spirit. Continue to encourage your elected officials to vote against land and water grabbing legislations.

Calvin Johnson
Leupp, Arizona

Also see: Navajo government hires firm to push water theft bill through Congress, over the protests of the people:
http://bsnorrell.blogspot.com/2012/04/navajo-government-hires-firm-to-push.html