Hopis lose lawsuit over effluent for snowmaking

FLAGSTAFF, Ariz. (AP) – The Hopi Tribe has lost a round in court in its bid to stop Flagstaff from selling treated sewage water to Arizona Snowbowl.

The Arizona Daily Sun reports Coconino County Superior Court Judge Joe Lodge ruled in favor of the city Friday.

It’s not clear if the Hopis will appeal the decision.

“We’re going to seriously take a look at what we have,” said Hopi Chairman Le Roy Shingoitewa.

The judge said the substantial components of the case had already been decided in federal court, and the tribe was legally required to raise its objections earlier.

“The plaintiff was clearly on notice in March 2002 that the city of Flagstaff intended to contract with Snowbowl to purchase reclaimed wastewater to be used for snowmaking at the Snowbowl ski area,” Lodge wrote in his ruling.

The ruling sidesteps some of the new legal questions raised by the tribe, such as whether reclaimed wastewater can legally be used to make snow if the melted snow then flows into other water basins outside of Snowbowl, which is prohibited by state regulations.

Flagstaff officials were pleased with the ruling.

We’re glad the judge sees our perspective on the case, and would like to move forward with more productive issues with our neighbors,” said Flagstaff City Manager Kevin Burke.

The owner of the business has recently approached the Navajo Nation and one other tribe over the possibility of using groundwater from deep wells in the Coconino or Redwall aquifers rather than reclaimed wastewater.

The idea is just a rough proposal at this point, said Snowbowl owner Eric Borowsky.

He has not yet called for any work to determine whether using groundwater is feasible.

Snowbowl plans to begin making snow for skiing in the winter of 2012-2013.

A different case litigating snowmaking on health and environmental grounds is headed for oral arguments in January at the 9th U.S. Circuit Court of Appeals.

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Information from: Arizona Daily Sun, http://www.azdailysun.com/