Associated Press
FLAGSTAFF, Ariz. — The Navajo Nation is appealing a federal court's decision to allow a ski area to use treated waste water to make snow, arguing that federal environmental policies were not followed and the tribe's religious freedom was violated.
The court ruling issued last month upheld a previous decision by the Coconino National Forest to authorize facility upgrades at the Arizona Snowbowl and to allow artificial snowmaking. The treated effluent would be delivered by pipeline from Flagstaff, a few miles southeast.
Snowbowl officials have said the snowmaking equipment is necessary to ensure the survival of the ski area, which has struggled with short seasons because of a lack of snow. The Snowbowl, privately owned and operated, is on a small portion of federal land in the San Francisco Peaks.
The Navajo Nation — along with other American Indian tribes in the region — consider the peaks sacred.
The Navajos contend that the Forest Service's decision in favor of the ski area violates the Religious Freedom Restoration Act and that the federal agency did not comply with the National Environmental Policy Act. They also disagree with the court decision on "moral and ethical grounds.''
"The district court ruling makes no sense,'' Navajo President Joe Shirley Jr. said in a statement issued Monday. "The entire mountain is a shrine, not just parts of it. The government's own documents show the sacredness of the San Francisco Peaks to our people. We, all of the tribes, have emphasized this many times but the court does not hear us.''
Ramon Riley, cultural resources officer for the White Mountain Apache tribe, said the project would have a negative impact on the Apache way of life.
"It would probably destroy our people, our way of life,'' he said. "Our prayers are not going to be strong.''
The Jan. 11 court decision cleared the way for the ski area to start on the planned upgrades, but construction has yet to begin. A message seeking comment was left Monday evening for Snowbowl general manager J.R. Murray.
Attorney Howard Shanker, who is representing the Navajos, said his clients are prepared to seek an injunction pending the outcome of the appeal. He added that negotiations with Snowbowl attorneys were ongoing.
Snowbowl officials have argued that the ski area occupies only 1 percent of the peaks and that snowmaking would occur on one-fourth of that area.
The Snowbowl has yet to open this season. The resort has received less than 2 feet of snow, most of which has melted.
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