Court vistory for Hopi, Navajo, and other AZ tribes

This week, the 9th District Circuit Court of Appeals overturned a previous ruling that would have allowed the Arizona Snowbowl to use reclaimed wastewater in its snowmaking operations at the San Francisco Peaks - a sacred area for many Arizona tribes. To the Hopi the peaks are the home of the katsinas, the spirits that bring water and renewal to their people and homeland.
The tribes appealed the original decision to allow the use of reclaimed wastewater on the grounds that the U.S. Forest Service had violated NEPA (National Environmental Protection Act) in their preparation of the EIS (Environmental Impact Statement) and that desecrating the San Francisco Peaks violated the Religious Freedom Restoration Act. The court ruled for the tribes on both counts.

In the ruling, Judge William Fletcher also commented:

And Fletcher said even if there were some danger that the resort would close, "we are not convinced that there is a compelling governmental interest" in allowing the use of recycled sewage to prevent that from happening.

"We are struck by the fact that the Peaks are located in a desert," the judge explained. And he said it is predictable that some winters will be dry.

"The then-owners of the Snowbowl knew this when they expanded the Snowbowl in 1979, and the current owners knew this when they purchased it in 1992," Fletcher wrote.

For further details, read accounts of the decisions:

The Official Court Decision
Arizona Daily Sun
Indianz.com