Flagstaff Skiing Snow Making
Flagstaff skiing, snow making updates...
March 9, 2010 The Obama administration's Department of Agriculture is attempting to coerce the City of Flagstaff into supplying scarce potable and pumped ground water for snowmaking at Arizona Snowbowl. that does not come directly from reclaimed wastewater. The Snowbowl would also reportedly receive $11 million in "government aid" (tax dollars) to cover the higher costs for the water but over a period of years. Arizona senators Kyl and McCain issued a letter blasting the plan as a waste of taxpayer money and a violation of court decisions in favor of making snow at Snowbowl with treated effluent. Their letter stated... "We oppose the use of taxpayer dollars to subsidize snowmaking at Arizona Snowbowl, and we will object to any attempt to secure an earmark or congressional approval of this project."
December, 21, 2009 The U.S. Department of Agriculture's delaying of permits will probably delay snow making at the Arizona Snowbowl beyond the 2010-2011 season that the ski area's owners had sought... and are legally entitled to. It is also unlikely the Snowbowl will get a 160-foot
conveyor system to transport beginning skiers and snowboarders uphill this
season at Hart Prairie. Why would a U.S. government department deliberately inflict financial pain on this one citizen? The legal questions have been settled by the U.S. Supreme Court... but the political battle continues.
November, 26, 2009 Feds admit withholding permits for Snowbowl The Forest Service said it is withholding snowmaking and related construction permits for a northern Arizona ski resort as a way to promote settlement talks between several Indian tribes and the resort's owners. The permits are being delayed despite a U.S. Supreme Court decision in June that upheld the Arizona Snowbowl's right to proceed with construction and operations. Snowbowl owner Eric Borowsky said talks aimed at reaching a deal had ended a month ago. "So far, there have been no new ideas, so we're just waiting for the notice to proceed," he said. It is believed by many that the Forest Service is withholding the permits at the behest of political appointees in the Department of Agriculture.
Press Releases McCAIN SEEKS EXPLANATION FROM USDA ON SNOWBOWL DELAYOctober 14, 2009Washington, D.C. – U.S. Senator John McCain (R-AZ) joined Republican Whip Senator Jon Kyl (R-AZ) and Congresswoman Ann Kirkpatrick (D-AZ) in issuing a second letter to the Secretary of the Department of Agriculture, Tom Vilsack, regarding the Forest Service’s delay in moving forward with Arizona Snowbowl’s facility improvements:
“We
are writing to request a meeting to discuss the implementation of the May 2005
Record of Decision (ROD) issued by the Forest Service for the Arizona Snowbowl
Facilities Improvement Project (‘the Project’).
“You
may recall that on June 26, 2009, we wrote to you asking for a status report
and timeline for implementing the ROD for the Project.
Instead of a substantive reply, we received a letter from Deputy
Secretary Kathleen Merrigan that failed to provide the requested information
and leaves the unmistakable impression that the Department has no plan to
release a Notice to Proceed.
“As
you know, a Record of Decision is a final agency action that’s subject to
judicial review. The ROD for Arizona Snowbowl was successfully upheld by
the Ninth Circuit Court of Appeals, and a petition for a writ of certiorari to
the U.S. Supreme Court was subsequently denied. The Justice Department
has devoted considerable taxpayer resources defending Forest Service actions in
Navajo Nation v. Forest Service (Docket No. 08-846).
Arizona Snowbowl has spent an estimated $5 million over the past 8 years
working through Forest Service procedures and the legal and administrative
appeals process. Nevertheless, it appears that the Department is seeking
to indefinitely delay or outright cancel the ROD, which would be disastrous for
Arizona Snowbowl and would establish sweeping precedence for all other
permittees on Federal lands who pursue the administrative process for project
approvals.
“The
Administration’s continued reluctance to implement the ROD is perplexing and
necessitates a briefing on the Project at the earliest possible date.”
###
September, 21, 2009 We will impose Our Will in spite of the Supreme Court. That seems to be the attitude of the Save The Peaks Coalition and "a group of citizens" who, according to the Associated Press, filed another lawsuit today. the AP story says in part...
Lawsuit aims to stop expansion of Ariz. ski resort"The U.S. Forest Service is being sued in an effort to block expansion of a ski resort on an Arizona mountain that American Indian tribes consider sacred. The lawsuit was filed Monday by the Save the Peaks Coalition and a group of citizens. It comes more than three months after the U.S. Supreme Court denied an appeal from tribes that said the use of treated wastewater to make artificial snow threatened their religious and cultural survival. The suit contends the Forest Service failed to consider the human health risks of ingesting snow made with treated wastewater at the Arizona Snowbowl resort outside Flagstaff."
August, 26, 2009 Now that the Supreme Court has declined to hear the legal appeal, the project can proceed... The project will expand ski lifts, ski runs, snow play areas and make other facility improvements. A portion of the plan that will make artificial snow from City of Flagstaff treated effluent is the feature opponents have based most of their objections upon. J.R. Murray, the general manager of Arizona Snowbowl, said the company plans to have snow making machines functioning by the 2010-2011 season. This will allow Snowbowl to be open for a full 100-day season, from Christmas through spring break, which Murray estimates will raise the amount of skiers from 120,000 to 200,000 per season. Regarding the Supreme Court’s decision Murray said “We were very elated and very satisfied. We were committed to making sure that the Snowbowl continues to exist as a ski area in northern Arizona.” Murray said snowmaking is necessary due to the high level of unpredictability with regard to the amount of snow the Peaks receive every snow season. “Without the predictability of knowing whether we’re going to be open each year, it is impossible to run a business and succeed,” Murray said.
June 9, 2009 The U.S. Supreme Court announced yesterday that it has decided against reviewing the Ninth Circuit Court of Appeals decision, of August 8, 2008, which clears the way for artificial snow making at the Arizona Snowbowl. The decision to not review the Court of Appeals decision ends the court battle waged by opponents to prevent expansion of ski areas and snow making using treated effluent. Other tactics to prevent the ski area expansion have included attempts to block the treated effluent purchase agreement between the Arizona Snowbowl and the City of Flagstaff. Opponents are surely looking for other avenues to prevent construction... such as denial of permits and/or construction financing.
January 7, 2009 Appeal To US Supreme Court Filed Several Arizona Indian tribes (and other groups) filed an appeal with the U.S. Supreme Court in a case involving the expansion of the Arizona Snowbowl's authorization to use reclaimed waste water for artificial snow. The Snowbowl case has garnered significant attention as an opportunity for the court to establish some precedents under the Religious Freedom Restoration Act. Numerous activist groups around the West... and in Arizona, have taken interest in this case. Many see it as a means to "lock up" more public land and prevent any development.
Opponents of snowmaking with reclaimed (treated) wastewater at the Arizona Snowbowl ski facility filed the request to have the court block construction there through mid-December, pending a high court appeal. Snowbowl's operators have previously stated
they would not plan any construction to add snowmaking equipment or new lifts
to the area until next spring.
August 8, 2008 The Ninth District Court sides with Snowbowl The operators of the Arizona Snowbowl are entitled to use recycled sewage to make snow on the San Francisco Peaks despite objections of several Native American tribes, the 9th U.S. Circuit Court of Appeals sitting en banc has ruled in an 8 to 3 decision. Judge Carlos Bea, writing for the majority, “Were it otherwise, any action the federal government were to take, including action on its own land, would be subject to the personalized oversight of millions of citizens. Each citizen would hold an individual veto to prohibit the government action solely because it offends his religious beliefs, sensibilities, or tastes, or fails to satisfy his religious desires. Further, giving one religious sect a veto over the use of public park land would deprive others of the right to use what is, by definition, land that belongs to everyone.”
March 13, 2007 Court Rules Against Snowbowl The Ninth U.S. Circuit Court of Appeals ruled today that the Arizona Snowbowl's plan to use treated wastewater to make snow would violate the religious freedom of more than a dozen American Indian tribes. The 80-acre facility north of Flagstaff is located on the western flank of the San Francisco Peaks -- mountains that have spiritual and religious meaning to 13 tribes in the Southwest. The tribes claimed the ski resorts' plans to expand - including use of treated wastewater from the City of Flagstaff - violates their religious freedom... and that the Forest Service did not adequately address the impact of wastewater on the environment. The appellate court agreed with them. This case is now expected to go to the Supreme Court for a final decision.
December 17, 2006 The Flagstaff Daily Sun headline shouted "New
data confirm contaminants in treated wastewater" but the first
word in the underlying story was... Miniscule. That newspaper story also includes these statements... But even after a second study by an NAU
biologist, it remains to be determined whether this exposure affects the health
of wildlife and humans. The newspaper's apparent bias causes me to have an equal and opposite reaction!
December 14, 2006 The Flagstaff City Council renews the city's agreement to sell wastewater to the Arizona Snowbowl to make snow. The Snowbowl plans to begin snowmaking next winter if it prevails on a legal appeal filed by tribes and environmental groups now pending in the federal courts. To this point, government agencies and courts have upheld
the Snowbowl's plans and agreements. January 2006 Well, the federal judge's decision did not favor the position of those intent upon stopping improvements and expansion of the skiing and snow play facilities at the Snowbowl. At least some of the complaining parties are planning to appeal the judge's ruling. Here's a link to the Forest Service response to the snow making court decision.
September 14, 2006 Attorneys for the Navajo, Hopi and Hualapai tribes asked the Ninth District Court of Appeals to overturn previous decisions and prevent snowmaking at the Arizona Snowbowl..
December 2005 Where's the snow? Last year there was plenty of snow... and the activities that the snow makes possible. This year there is no snow at the Snowbowl, no skiing, and no jobs. December 2005 The Trial is over... sort of. A decision is expected in early 2006 in the suit aimed at blocking snowmaking at the Snowbowl. That decision is sure to be appealed, whichever side prevails.
July 2005 Hopi Tribe joins lawsuit over snowmaking Here is a resource that continually updates links related to this snowmaking issue... http://www.indianz.com/News/2005/009184.asp
April 2005 Appeals filed to snowmaking plan Navajos, Hopis and environmental groups appeal Forest Service decision. March 2005 Breaking News... Snowmaking proposal approved Coconino National Forest Supervisor Nora Rasure announced her decision to approve Alternative Two of the Snowbowl Facilities Improvement Draft EIS. Alternative Two would allow the making of artificial snow, improvements to lifts, lodges, and other facilities. A snow play area would also be constructed at the Snowbowl. Supervisor Rasure noted that her decision is based primarily on improving safety and recreation opportunities. The decision is widely anticipated to be appealed through the established appeals process, and then through the courts. ~~~ ~~~ Flagstaff skiing snow making and other facility improvements have been proposed at the Arizona Snowbowl. This Flagstaff skiing snow making update page seeks to keep you informed of events as the proposal goes through the approval process. As the process and controversy drags on, I anticipate that my observayions and comments will become more pointed. The Arizona Snowbowl skiing facility is located on Coconino National Forest land. This means that all significant improvements are subject to Federal rules, including an Environmental Impact Statement (EIS). The Forest Service usually hires a skilled contractor to execute the EIS process. The process usually consists of numerous steps, including a draft EIS detailing several alternatives, a public comment period, evaluation of comments received, and a final EIS document being issued. A number of years ago a previous Snowbowl operator proposed to make snow. Opponents fought the proposal all the way to the US Supreme Court before losing. However, snow making never materialized at the skiing facility. April 13, 2004 was the deadline for submission of public comments. More than 8,000 comments were received. The Forest Service's contractor is currently reviewing and preparing responses to all comments received. Arizona Snowbowl's operator had hoped for a final decision from the Forest Service in late 2004, and to be making snow for the 2005 - 2006 season. The large number of comments has pushed that final decision into early 2005. Those interested in the long term economic health of the Flagstaff area hope that snow making and other improvements happen, since the future of the Arizona Snowbowl seems to depend on snow making. This Forest Service page addresses frequently asked questions regarding the Flagstaff skiing snow making proposal. The Flagstaff skiing snow making draft EIS can be viewed here. Reproduced below is the Forest Service's original press release announcing the availability of the Flagstaff skiing snow making draft EIS. It also contains additional information of interest. ~~~~~ February 2, 2004 Forest Service Releases Draft Study on Snowbowl Upgrade Flagstaff, AZ - The Coconino National Forest today released the Draft Environmental Impact Statement for the Arizona Snowbowl Improvement project. The Preferred Alternative described in the document proposes to create snowmaking on 205 acres of skiable terrain at the ski area, using reclaimed water from the City of Flagstaff. It also proposes adding one new chairlift and four surface lifts; realigning and/or lengthening three of the current chairlifts; creating 74 acres of new ski runs; creating a snowplay/tubing area and associated infrastructure; creating a snowboarding halfpipe; and improving the ski area’s service facilities and resort infrastructure. All of the proposed improvements would occur entirely within the 777-acre ski area. “We are at an important point in this process, which is a disclosure of the environmental and social effects related to a range of alternatives,” said Gene Waldrip, District Ranger of the Peaks Ranger District. “Public comment to this Draft Environmental Impact Statement is crucial to making a final decision.” Waldrip added that the planning effort is closely tied to a need to improve the Snowbowl. “Our Preferred Alternative is designed to improve public safety at the ski area, plus it will augment customer service, bring the ski area into compliance with current ski industry norms, and lend vital stability to the economic viability of the Arizona Snowbowl,” he said. “Part of the Forest Service’s mission is to provide safe, well-managed recreation, such as downhill skiing and snowboarding. That’s why we are proposing this project.” Night lighting at the ski area, a major element in the initial proposal, was dropped from the project during analysis, after officials saw little public support for the idea. “We dropped night lighting from the analysis because of several reasons,” said Waldrip. “It was not vital to meeting the project’s purpose and need, plus it got very little support. On top of that, analyzing the environmental and social effects of night lighting would have been extremely difficult.” The Draft Environmental Impact Statement (DEIS) is an interim environmental study report generated by the Forest Service to assess the environmental impacts associated with several alternative approaches to improving the Arizona Snowbowl. The Snowbowl DEIS contains three alternatives analyzed in detail, which are roughly described as No Action (Alternative 1), Proposed Action (Alternative 2), and No Snowmaking or Snowplay (Alternative 3). Alternative 2 is the Forest Service’s Preferred Alternative. Alternative 3 encompasses all proposed improvements except for snowmaking and constructing a snowplay area. The DEIS for the Snowbowl Improvement project will enter a 60-day public comment period as soon as the U.S. Environmental Protection Agency publishes a notice of availability regarding the DEIS in the Federal Register. Nora Rasure, Supervisor of the Coconino National Forest, has extended the comment period from 45 days to 60 days. The purpose of this period is to allow the public an opportunity to review the DEIS and submit comments to it. Comments may express agreement or disagreement with the analysis and conclusions in the document. However, to be considered substantive (useful), comments should express the writer’s rationale for their position. People may submit comments in the following ways:
Once the comment period has closed, the Forest Service will collect and analyze all public comments, and then factor these comments into the Final Environmental Impact Statement (FEIS) for the project. That document, along with the Forest Service’s decision based on the analysis in the FEIS, is expected this fall. In order to assist the public in evaluating the DEIS, the Coconino NF will hold a public open house regarding the Snowbowl DEIS on February 25, 2004, from 4:00 PM to 8:00 PM at Flagstaff High School, in the commons area. The public is invited to attend this open house at any time during the four-hour period and talk to a variety of resource specialists. Comment forms will be available at the open house, and the Forest Service will collect comments at this event. To obtain a copy of the DEIS, please contact any Flagstaff office of the Coconino National Forest. The DEIS may be viewed on the Coconino NF’s website at: http://www.fs.fed.us/r3/coconino/publications/snowbowl/index.shtml.
Links to related Flagstaff skiing snow making pages: The Flagstaff Cross Country Skiing Page Return to the Flagstaff Skiing Page About This South of Flagstaff Arizona Site Have you read this page lately? Return to the South of Flagstaff Arizona Home Page
Copyright © 2004-2010 Fred Doyle. All
Rights Reserved
|
