Hopi tribal leaders have decided to appeal the decision of Coconino County Superior Court Judge Joseph Lodge in their lawsuit challenging the sale of reclaimed wastewater to the local ski facility.

The city of Flagstaff has a contract with the Arizona Snowbowl to sell reclaimed wastewater. The Snowbowl wants the water for snowmaking.

The Hopi lawsuit contends the reclaimed wastewater would do damage to human health and the environment.

Construction of the pipeline to transport the water to the ski facility is now underway, after several years of other legal challenges that were finally decided by the US Supreme Court.

SoFA Staff

~~~~~ ~~~~~

December 23, 2011

SoFA Staff

The Hopi Tribe filed a civil suit against the City of Flagstaff last August, alleging that the city's sale of reclaimed wastewater to Arizona Snowbowl violates state law.

Coconino County Superior Court Judge Joseph Lodge heard preliminary arguments from attorneys representing both the Hopi Tribe and the City of Flagstaff late last month.

Today the judge made known his decision. In his written ruling, the judge said many of the arguments made in this suit are the same as points previously litigated and decided in federal court. He also stated that the plaintiff waited too long to bring this suit.

Observers anticipate that the Hopi Tribe will appeal the judge’s decision.

~~~~~ ~~~~~

December 15, 2011

SoFA Staff

Snowmaking Opponents Have Flagstaff Wastewater Tested

Robin Silver, co-founder of the Center For Biological Diversity, and retired physician recently submitted samples of Flagstaff wastewater to a laboratory in Virginia for testing.

The samples were reportedly tested for DNA of “antibiotic-resistant bacteria,” but were not tested for signs of living bacteria.

~~~~~ ~~~~~

December 3, 2011

SoFA Staff

Snowmaking Opponents Question Competency of Forum Speakers

~~~~~ ~~~~~

November 30, 2011

City of Flagstaff

Panel Presentation on the Use, Safety & Regulation of Reclaimed Water

Statement from the City of Flagstaff:

Additional Info...

~~~~~ ~~~~~

November 28, 2011

SoFA Staff

The Hopi Tribe hopes to stop snowmaking at the Arizona Snowbowl, and is suing the City of Flagstaff to achieve their goal.

Coconino County Superior Court Judge Joseph Lodge heard preliminary arguments from attorneys representing both the city and the Hopi Tribe. Judge Lodge asked questions of both sides and determined that he wants more information.  "This is a really important issue and so I want to have all of the information I possibly can," the judge told the attorneys.

Attorneys representing the city urged the judge to dismiss the suit. They asserted the Hopis had:

• Waited years too long to bring a lawsuit

• Didn't meet the criteria required to bring this lawsuit

They further argued:

•  That water rights issues are governed by negotiations going on outside the courtroom

• That most points in the case had already been argued extensively in the federal court system and judgment had been rendered

"You can't slap another name on a claim and make it a new claim," Phoenix attorney John Kerkorian, said on behalf of the city.

Attorneys representing the Hopi Tribe argued that this is an entirely new case that raises new issues. "This case is about the city's role as a producer and purveyor of reclaimed water," Washington D.C. attorney Michael Goodstein said on behalf of the tribe.

He said the decisions made in federal lawsuits and city water negotiations “presumed the Snowbowl would comply with state law in using reclaimed water. But the ski area will break state law if it allows standing pools of reclaimed water, allows it to overflow or melt into a wilderness area, and by allowing substantial human contact with it in the form of snow. The court didn't get into whether the contract and the use of reclaimed water is going to meet the Arizona code," Goodstein argued.

He added that the Hopi Tribe has a right to challenge the legality of the city's contract to sell reclaimed water because a corporation owned by the tribe is a taxpayer in Flagstaff.

~~~~~ ~~~~~

November 23, 2011

SoFA Staff

Recent press reports affirm that the Arizona Snowbowl continues construction on facility improvements and installation of snowmaking infrastructure. Opponents continue to file lawsuits and appeals hoping to delay or stop snowmaking. 

The original lawsuit and subsequent appeals went all the way to the US Supreme Court... where the snowmaking opponents lost.

Now, two more court actions have been filed and are to be heard soon. The Hopi Tribe's latest arguments against snowmaking are slated to be heard before Coconino County Superior Court Judge Joseph Lodge on Monday, November 29th.

Attorneys for the Hopi Tribe content that snowmaking is contrary to public policy, infringes upon the tribe's water rights, and could harm public health and the environment. The Hopi lawsuit additionally claims the city's water sale would violate state laws that prohibit most human contact with reclaimed water.

The Save the Peaks Coalition and several individuals have asked the 9th U.S. Circuit Court of Appeals to overturn an adverse decision by federal district judge Mary. Murguia. The 9th District Court is scheduled to hear the appeal on January 9, 2012.

~~~~~ ~~~~~

November 9, 2011

City of Flagstaff

National and state experts will provide un-biased information about the current state-of-the science, treatment technologies and best management practices pertaining to reclaimed water on Monday, December 5th at 6:30 p.m. at the DuBois Center at NAU

~~~~~ ~~~~~

October 11, 2011

Hopi Tribe

The Hopi Tribal Council does not join or support a recently proposed Navajo Nation Council Resolution recommending the use of groundwater for snowmaking on Nuvatukyaovi (the San Francisco Peaks in Flagstaff). 

Navajo Nation Councilman Walter Phelps has introduced a bill that would have the Navajo Nation support the use of groundwater for snowmaking on the San Francisco Peaks. 

Water – regardless of its source – is a limited and critical natural resource in the Southwest and the Hopi Tribe continues to oppose any artificial snowmaking by these means.  As set forth in the Hopi Tribe’s complaint against the city of Flagstaff, the city is already using more than its fair share of water, and any plans to sell water to the Snowbowl will only worsen this problem.  In addition, the sale of water for snowmaking so that a select few can benefit, violates the public interest in wise water use for our region.

Nuvatukyaovi is an important, sacred place for the Hopi which holds a central and essential role in Hopi culture, traditions and way of life. The Hopi Tribe has tirelessly opposed the issuance of the Special Use Permit to the Arizona Snowbowl, which allows for the installation of artificial snowmaking equipment.  The Hopi Tribe has maintained unwavering opposition to any type of artificial snowmaking on the San Francisco Peaks, whether from reclaimed wastewater, recovered reclaimed water or groundwater.  The only water appropriate for Nuvatukyaovi is natural water as provided by rain and snow, and there can be no exceptions.

The Navajo proposal is not a solution to the issues facing the tribes with respect to Arizona Snowbowl’s expansions on Nuvatukyaovi.  Hopi Tribal Chairman LeRoy N. Shingoitewa affirms, “The Hopi Tribal Council, all known Hopi religious practitioners, the Hopi Tribe and its people are still, and always will be, opposed to the use of any snowmaking operations on Nuvatukyaovi.” 

The Tribe continues to declare that the only solution is to prevent any and all artificial snowmaking on the Peaks and to void the contract between the city of Flagstaff and Arizona Snowbowl. 

For more information on the Hopi Tribe visit www.hopi-nsn.gov.

~~~~~ ~~~~~

September 24, 2011

Navajo Nation

NOTICE OF A PUBLIC HEARING

ST. MICHAELS, Ariz.—The Navajo Nation Human Rights Commission will hold a public hearing to give Navajo, non-Navajo and other indigenous peoples’ an opportunity to give oral testimony or written testimony to NNHRC about San Francisco Peaks as they relate to use, preservation and protection on Friday, September 23, 2011, at 5 p.m. at City Hall in Flagstaff, Ariz. It is open to the public.

WHO: General Public

WHAT: The Navajo Nation Human Rights Commission will hold a public hearing

to give Navajos and non-Navajos and other indigenous peoples’ an opportunity to give oral testimony, or written testimony to NNHRC about San Francisco Peaks as they relate to use, preservation and protection.

WHERE: Flagstaff City Hall - Council Chambers

211 West Aspen Ave.

Flagstaff, AZ

September 21, 2011

SoFA Staff

Two Graffiti Vandals Arrested

Thomas Greyeyes, 22, of Flagstaff, and Elizabeth Miles, 20, of Tempe, were arrested Monday morning and charged with criminal damage.

A Flagstaff police officer observed the pair walking away from a building near San Francisco Street and Cottage Avenue carrying buckets of mud. The officer also observed graffiti smeared on a nearby building wall in mud.

Under questioning the pair later admitted writing "Protect the Peaks" on other buildings and structures around town on other occasions. Greyeyes also stated that their actions were part of a college art project.

When asked about motive, they indicated their opposition to snowmaking at the Arizona Snowbowl. Greyeyes also stated that he was a Native American and that the land belonged to him.

~~~~~ ~~~~~

September 14, 2011

Navajo Nation

NNHRC passes legislation to request US President to suspend USFS Permit

NNHRC legislation will go to Navajo Nation Council, next

ST. MICHAELS, Ariz.—The Navajo Nation Human Rights Commission urges the Navajo Nation Council to formally request the U.S. President to suspend the permit authorizing the use of reclaimed water on Dook’o’osliid [San Francisco Peaks], the sacred mountain to the west marking the traditional boundary of the Navajo people—the Diné.

Resolution of the Navajo Nation Human Rights Commission

The request is on the heels of the U.N. Special Rapporteur of the Rights of Indigenous Peoples S. James Anaya’s recommendation in his report to the U.N. Human Rights Council in Geneva, Switzerland, which was released to the public on August 22, 2011. Anaya will present the report to the U.N. Human Rights Council on September 20, 2011.

"The Navajo people is a part of the world community and the world community has set standards for a good reason," said Leonard Gorman for the Navajo Nation Human Rights Commission and continued, "The United States must be responsible and abide by international standards that protect the human rights of Navajos."

The NNHRC resolution passed 4 in favor, 0 opposed on September 2, 2011, and will be presented to the Navajo Nation Council at a date to be determined. It is titled, "Acknowledging the Report by the United Nations Special Rapporteur on the Rights of Indigenous Peoples, S. James Anaya, and Recommending that the Navajo Nation Council to Formally Request the President of the United States of America to Direct the U.S. Forest Service to Suspend the Permit authorizing the use of Reclaimed Waste Water to make Artificial Snow and follow the Recommendations of the Special Rapporteur; and other recommendations" and

indicates the timeline between the NNHRC and Anaya formal correspondences. (To view the report, visit www.nnhrc.navajo-nsn.gov.)

"On May 7, 2010, the Diné Hataałii Association, Diné Medicine Man Association, and Azee’ Bee Nahagha of Diné Nation jointly requested the [Navajo Nation Human Rights] Commission to communicate with Professor S. James Anaya, United Nations Special Rapporteur, regarding the desecration of the San Francisco Peaks and violation of Navajo human rights; and

On May 17, 2010, based on the recommendations of the Commission, the Intergovernmental Relations committee of the Navajo Nation Council authorized the submission of a complaint to Professor S. James Anaya, Special Rapporteur, and requested that Special Rapporteur carry out his mandates to protect the human rights of Navajos and other indigenous peoples as they pertain to their religious beliefs that the San Francisco Peaks is a sacred sites; and

On August 22, 2011, Professor S. James Anaya, Special Rapporteur, issued his report entitled Report by the Special Rapporteur on the [R]ights of [I]ndigenous [P]eoples, Rep. of Human Rights Council, 18th Sess., Aug. 22, 2011, U.N. Doc. A/HRC/18/35/Add.1; UN.GAOR, 65th Sess., (Sept. 14, 2011)., detailing that the United States did not respond to calling attention to information he received "relating to the proposed use of recycled wastewater for the commercial ski operation [on] the San Francisco Peaks, a mountainous area that is sacred to several Native American tribes."

From the onset, it took about 15 months for a response, but that response came with three recommendations from the U.N. representative to the United States.

The three recommendations were:

"On the basis of the foregoing, the Special Rapporteur respectfully recommends that the United States Government engage in a comprehensive review of its relevant policies and actions to ensure that they are in compliance with international standards in relations to the San Francisco Peaks and other Native American sacred sites, and that it take appropriate remedial action.

In this connection, the [United States] Government should reinitiate or continue consultations with the tribes whose religions practices are affected by the ski operations on the San Francisco Peaks and endeavor to reach agreement with them on the development of the ski area. The [United States] Government should give serious consideration to suspending the permit for the modification of Snowbowl until such agreement can be achieved or until, in the absence of such an agreement, a written determination is made by a competent government authority that the final decision about the ski area modifications is in accordance with the United States’ international human rights obligations."

"The Special Rapporteur wishes to stress the need to ensure that actions or decision by [the United States] Government agencies are in accordance with, not just domestic law, but also international standards that protect the right of Native American to practice and maintain their religious traditions. The Special Rapporteur is aware of existing government programs and policies to consult with indigenous

peoples and take account their religious traditions in government decision-making with respect to sacred sites. The Special Rapporteur urges the

[United States] Government to build on these programs and policies to conform to international standards and by doing so to establish a good practice and become a world leader that it can in protecting the rights of indigenous peoples.

With Anaya’s recommendations, NNHRC has respectfully requested the Navajo Nation Council, Speaker of the Navajo Nation Council, and President and Vice-President of the Navajo Nation to formally request the President of the United States, President Obama, to suspend the permit from the U.S. Forest Service authorizing the use of reclaimed waste water to produce artificial snow until the Special Rapporteur’s recommendations contained in his report are appropriately addressed, according to the NNHRC resolution.

"The Navajo Nation Human Rights Commission further hereby recommends that the Navajo Nation Council, Speaker of the Navajo Nation Council and President and Vice-President of the Navajo Nation send a delegation to Geneva, Switzerland, to be present and/or participate in the presentation of the [Anaya] report to the United Nations Human Rights Council by the United Nations Special Rapporteur on the Rights of Indigenous Peoples, Professor S. James Anaya," according to the NNHRC resolution.

For Navajo human rights official Leonard Gorman, Anaya’s report provides relevant language to the international community who Anaya serves on behalf of indigenous peoples.

Anaya stated, "Under the cited human rights treaties, to which the United States is a party, and the Declaration on the Rights of Indigenous Peoples, which the United States has endorsed, consultations should take place with the objective of achieving agreement or consent by indigenous peoples to decisions that may directly affect them in significant ways, such as decisions affecting their sacred sites."

Moreover, Anaya said, "Simply providing indigenous peoples with information about a proposed decision and gathering and taking into account their points of view is not sufficient in this context. Consultation must occur through procedures of dialogue aimed at arriving at a consensus."

Otherwise, Anaya stated, "In the absence of consent by indigenous peoples to decisions that affect them, States should act with great caution. At a minimum, States should ensure that any such decision does not infringe indigenous peoples’ internationally-protected collective or individual rights, including the right to maintain and practice religion in relation to sacred sites.

"The process of snowmaking from reclaimed sewage water on the San Francisco Peaks undoubtedly constitutes a palpable limitation on religious freedom and belief, as clearly indicated by the U.S. Forest Service’s Final Environmental Impact Statement," stated Anaya.

Anaya continued and stated, "The religious freedom at stake is not simply about maintaining ceremonial or medicinal plants free from adverse physical environmental conditions or about physical access to shrines within the Peaks. More comprehensively, it is about the integrity of entire religious belief systems and the critical place of the

Peaks and its myriad qualities within those belief systems."

Gorman said, "Anaya’s report supports the need to not only elevate the fundamental religious rights into the international arena but importantly the necessity to ensure that United States carries out its commitments to human rights based on binding international treaties. This is a comprehensive approach to protect Dook’o’osliid."

Anaya is one of few international representatives on human rights who said in his report, "It is highly questionable that the effects on Native American religion can be justified under a reasonable assessment of necessity and proportionality, if the purpose behind the Government decision to permit the enhancements to the ski operation is none other than to promote recreation."

The 22nd Navajo Nation Council Delegate Jonathan Nez (Shonto/Navajo Mountain/Oljato/Tsah Bii Kin) will sponsor the legislation on behalf of the Navajo Nation Human Rights Commission, date to be determined.

~~~~~ ~~~~~

September 7, 2011

SoFA Staff

Snowbowl Protest Turns To Felony Criminal Damage

Graffiti vandals protested plans to make snow using reclaimed water by spray painting messages on churches and other structures over the past few days.

The messages included "Smash Snowbowl," "No poop snow," "Protect the peaks," and "Save the peaks" according to Flagstaff Police Department's Lt. Koch.

Protestors claim to object to the snowmaking plan on the grounds that it would “desecrate the sacred peaks.”

Several Indian tribes in the region consider the entire San Francisco Peaks as a spiritual place, and are opposed to any expansion of the ski facility and snowmaking.

The Flagstaff Police Department is seeking information from the public to identify the perpetrators according to Flagstaff Police Department's  Lt. Koch.

~~~~~ ~~~~~

September 7, 2011

Coconino National Forest

Overnight Camping Restricted in Snowbowl Road area

Flagstaff, AZ – To provide for greater public safety and property protection, the Coconino National Forest is implementing a restriction on overnight camping in the Snowbowl Road, Snowbowl and Leroux Springs area. Camping is still allowed at designated dispersed campsites along Forest Road 522/Freidlein Prairie Road and at “Big Camp” along Humphreys Peak trail. Day-use recreational activities such as hiking and biking are not affected.

The Forest Order and Restriction Area map are posted at: http://www.fs.fed.us/r3/coconino/nepa/forest-orders/index.shtml

This restriction is in effect today until November 30, 2011 and could be extended, if necessary. Violation of this regulation is punishable as a Class B misdemeanor, by a fine of not more than $5,000.00 for individuals and $10,000.00 for organizations, or imprisonment for not more than six (6) months or both.

For further information, contact the Flagstaff Ranger Station, 928-526-0866.

~~~~~ ~~~~~

August 24, 2011

SoFA Staff

Screaming Activists Hold A "Silent Protest"

The Flagstaff City Council meeting was attended by an organized group of 40+ protestors Tuesday night. The activists billed their presence as a silent protest.

Many of them addressed the council and attendees during the public comment portion of the meeting. They urged the council to abrogate the city’s contract to sell reclaimed wastewater to the the Arizona Snowbowl.

The city council meeting went into recess when the group repeatedly and loudly chanted “Defend the sacred – protect the peaks” in an apparently planned demonstration. Those shouting were asked to leave at that point. Most of them did so.

Now that NAU students and hanger-ons are back in town, a number of demonstrations designed to generate news coverage are being held around Flagstaff and near the Snowbowl.

~~~~~ ~~~~~

August 23, 2011

SoFA Staff

Hopi Indian Tribe Sues Flagstaff

Snow Making At Issue

Flagstaff, AZ – Northern Arizona's Hopi Indian Tribe has filed a law suit against the City of Flagstaff, in an attempt to deny the Arizona Snowbowl a source of water for snow making.

In the lawsuit the tribe asks the Coconino County Superior Court to rule that the City of Flagstaff's contract to sell water is illegal. The suit further asks the court to declare the contract null and void and/or award the tribe unspecified financial compensation for suffering it says it will experience if the snow making plan goes ahead.

~~~~~ ~~~~~

August 8, 2011

Coconino County Sheriff’s Office

Flagstaff, AZ – On August 8, 2011 at approximately 5:30 AM, the Northern Arizona 911 Dispatch Center received word from Snowbowl employees that several protesters had chained themselves across the road to Snowbowl. The protesters were approximately 3.5 miles up the Snowbowl Road and were protesting snow making with reclaimed water.

Nine protesters were chained together across the roadway using chains and pipes and three 55 gallon drums filled with cement. They also had placed logs around them further blocking the road.

Uniformed officers personally advised the protesters they were trespassing and requested them to voluntarily disengage the locking devices. Although the individuals were nonviolent, they refused to respond to the officers’ questions or request. Because the protesters refused to comply with the officers’ requests, public safety personnel carefully cut the chains and devices off and removed the individuals and objects from the roadway. The protesters were cleared by medical personnel before being transported the Coconino County Detention Facility.

Ten individuals were arrested for trespassing and obstructing a public thorough fare. This is the second incident of protesters being arrested for trespassing on Snowbowl property since June 16, 2011.

Multiple agencies including CCSO, Department of Public Safety, Flagstaff Police Department, Summit Fire Department, Guardian Medical, responded to the scene.

~~~~~ ~~~~~

July 11, 2011

SoFA Staff

Logging Begins To Clear Way For Snowbowl Expansion

Logging and other work to prepare new ski runs and supporting infrastructure for expansion of the Arizona Snowbowl began a couple of weeks ago. 

With Forest Service Permits in hand and Federal Courts declining to continue delays sought by protestors, work began with no fanfare.

~~~~~ ~~~~~

July 22, 2011

Coconino National Forest

Reposted: Construction on Snowbowl Road

Arizona Snowbowl begins the installation of a water supply line project on May 24, 2011. This work was initially analyzed in the Final Environmental Impact Statement for Arizona Snowbowl Facility Improvements, and approved in the 2005 Record of Decision. Towsley Welding and Construction from Big Bear, Ca. is the contractor; they have been providing construction services to the ski industry since 1985 and have a proven track record. Here are some details about the project:

PROJECT DESCRIPTION: Install 12" steel pipe adjacent to Snowbowl road (FR 516) from the highway 180 junction up to the ski area; approximately 6.5 miles in length. It will cross the road in three places. The contractor will begin work just above the road into the Flagstaff Hotshot Ranch (about 1 mile from Hwy. 180). There will be an established construction zone approx. 300'-1,000' in length. Traffic control personnel and equipment will be in place at the construction zone to direct traffic as needed.

TIMEFRAME: The contractor will be working 6-7 days / week; about 10-12 hours per day. It is anticipated to take 5 months to complete this portion of the pipeline.

ROAD MANAGEMENT: Snowbowl road will be open 7 days a week, and crews will attempt to minimize traffic impacts as much as possible, especially on weekends and holidays. However, Snowbowl rod will close daily from 8pm to 6am. This closure is for safety purposes because of an open trench in the construction zone. Visitors traveling down from the ski area, trailheads or day-use areas will not be affected by the road closure in the evenings. Travelers should expect delays and single-lane closures in the construction zone. Longer delays and short-term full closures may occur when the construction zone is located in areas that pose an extra challenge and safety concerns.

CLOSURE ORDER: There is a closure order (ORDER NO. 04-02-06-R) in place for safety purposes because of the open trench in the construction zone as well as other areas of operation. Violation of the closure is punishable by a fine up to $5,000 for an individual ($10,000 for a group or organization), or imprisonment for up to 6 months, or both.

ACCESS/ACTIVITIES: All trailheads to Kachina Peaks Wilderness, Arizona Trail, and Lamar Haines will continue to be open and accessible during the construction period; although, uphill traffic on Snowbowl road from 8 pm to 6 am is prohibited. The Sky Ride at AZ Snowbowl will operate on a modified weekly schedule which is Friday, Saturday, and Sunday; as well as summer holidays. They will open for the season beginning this Saturday, May 27. There are three special use events scheduled this summer on the Snowbowl road: (1) Sunday, June 12 (0700-1100) = Bike Race (Team One) sponsored by Flagstaff Cycling Club; (2) Saturday, July 23 (0700-1100) = Foot Race (Team Run); and (3) Saturday, August 20 (morning) = Hike the Mountain sponsored by American Cancer Society.

Note: Snowbowl road will be open to bicyclists during the construction project. Bicycles on the road will be treated just like a motorized vehicle and will be expected to follow all necessary traffic measures thru the construction zones.

OTHER IMPROVEMENT PROJECTS SCHEDULED IN THE NEAR FUTURE: Construction of new ski trails: (1) Upper Volcano, (2) Humphrey's Pod, and (3) Ski Trail #42.

For inquiries regarding operations and activities at Arizona Snowbowl, call their main number:  928-779-1951

~~~~~ ~~~~~

May 24, 2011

SoFA Staff

Snowmaking Pipeline Construction Begins

The long awaited and bitterly resisted snowmaking improvements at the Arizona Snowbowl is scheduled to begin today. The first step is installation of a pipeline along side Snowbowl Road.

Construction is starting with little fanfare. The Forest Service issued the following press release yesterday:

Construction to begin along Snowbowl Road

Flagstaff, AZ – Construction is anticipated to begin this month along a segment of Snowbowl Road (Forest Road 516).

Construction will be adjacent to Snowbowl Road from Highway 180 to Arizona Snowbowl Ski Area. Snowbowl Road will remain open; however, delays and temporary closures will occur throughout the duration of construction, approximately five months.

Parking areas, trails, and Arizona Snowbowl will continue to be accessible seven days a week, and crews will attempt to minimize traffic impacts as much as possible, especially on weekends and holidays. Visitors should expect single lane restrictions, as well as some short-term full closures. In addition, Snowbowl Rd will be closed each day from 8 p.m. to 6 a.m.

For information regarding accessing the Coconino National Forest from Snowbowl Road, contact the Peaks Ranger Station at 928-526-0866. For information specific for Arizona Snowbowl events and operations, contact Arizona Snowbowl at 928-779-1951.

~~~~~ ~~~~~

April , 2011

FreePress

Snowmaking Opponents Appeal Rejected

The Ninth Circuit Court of Appeals yesterday denied another attempt to block construction of snowmaking infrastructure at and to the Arizona Snowbowl.

The attorney for the activist groups opposing Snowbowl upgrades says they will appeal this denial of an injunction to block a Federal District Court's decision that effectively allows snowmaking using treated wastewater.

These same opposition groups pursued a different lawsuit to block construction all the way to the United States Supreme Court, where they lost.

~~~~~ ~~~~~

March 15, 2011

FreePress

Navajos stress sacred-site concerns to Forest Service

About 40 people gathered here to deliver a message to the U.S. Forest Service on increasing the protection of sacred sites.

In a March 14 listening session sponsored by the Forest Service and the U.S. Department of Agriculture's Office of Tribal Relations, Diné medicine men and other concerned people said more needs to be done to protect sacred sites.

They also told the officials access to sacred sites for ceremonial plant gathering or to leave offerings is sometimes a problem, and that more needs to be done to help the public understand what sacred sites mean to tribes.

The Window Rock event was one of three listening sessions held this week on the Navajo Nation. The others took place at Coalmine Canyon and Shiprock chapters.

~~~~~ ~~~~~

March 7, 2011

FreePress

Construction Work To Begin

Opponents Look To 9th District For Injunction

The Arizona Snowbowl is reportedly scheduling new construction work to begin next month -  April, 2011.

Logging to clear additional ski runs and pipeline work for the snowmaking operations are to proceed now that the opponents have lost more Federal Court decisions.

These opposing groups are now looking to the 9th District Federal Appeals Court for an injunction to prevent or delay construction.

~~~~~ ~~~~~

January 19, 2011

FreePress

Save the Peaks Coalition Requests Injunction

Denies Using The Courts To Harass

The Save the Peaks Coalition has filed for an injunction in yet another attempt to prevent construction of snowmaking equipment at the Arizona Snowbowl.

The attempts to prevent snowmaking and other improvements at the facility have made their way through the Federal Courts, including the Supreme Court. The courts ruled against the Coalition.

The Coalition filed a new court action alleging a new argument after losing in the Supreme Court. That new action resulted in a denial in the US District Court last month.

The Coalition filed for the injunction Tuesday, arguing that the environment will be irreparably harmed if construction is allowed.

~~~~~ ~~~~~

December 13, 2010

Snow News

The Arizona Snowbowl can make snow next year

But visitors will be asked not to eat it

Snowbowl co-owner Eric Borowski told the Arizona Daily Sun in Flagstaff that he plans to begin building a 15-mile pipeline and other infrastructure in the spring. "It's a very strong ruling," he told the newspaper. "We doubt if any court will issue a restraining order. We intend to start construction probably in the spring."

Snowbowl owners plan to use treated wastewater from the city of Flagstaff's treatment plant.

Federal Judge Mary Murguia has ruled that snowmaking with treated wastewater at Arizona Snowbowl does not pose a public or environmental health risks, paving the way for construction to start next spring.

Judge Murguia ruled that the plaintiffs, including the local Save The Peak Coalition, waited too long to file their lawsuit and should have joined in with the Navajo Nation when it sued over religious freedom issues in 2005. Her decision confirmed a U.S. Forest Service analysis that could not affirm that snow made from reclaimed wastewater was a danger to the health of humans, flora or fauna.

Part of the decision, however, will require signs telling skiers and riders not to ingest the artificial snow, according to the news report.

~~~~~ ~~~~~

December 1, 2010

Save The Peaks Coalition

District Court Rules For USFS in Save the Peaks Case
 

~~~~~ ~~~~~

October 1, 2010

Snowbowl to log a new ski trail and construct a people mover

~~~~~ ~~~~~

September 12, 2010

Navajo Nation

Navajo Nation officials will continue opposing any amendments to the Snowbowl contract, including use of reclaimed water for snowmaking

~~~~~ ~~~~~

September 2, 2010

Council Votes Against Amending Snowbowl Water Contract

Yesterday, the Flagstaff City Council voted 5 - 2 against a proposal to modify an agreement to sell reclaimed water to the Arizona Snowbowl to make artificial snow.

The proposed modification would have allowed the sale of potable water instead of reclaimed waste water.

~~~~~ ~~~~~

August 31, 2010

They met, they listened, they discussed, and they decided... to meet again on Thursday morning, August 2, at 10 AM.

The issue, of course, is whether to adopt the proposed modification to an existing 2002 agreement to sell the ski area reclaimed water. That modification would give the Snowbowl owners the option of using potable (drinking) water instead.

~~~~~ ~~~~~

August 28, 2010

~~~~~ ~~~~~

July 30, 2010

Water Commission Recommends...

Flagstaff's Water Commission met last night and decided (on a 5 - 4 vote) to recommend that Flagstaff sell water to the Arizona Snowbowl. What kind of water? Either potable water or reclaimed wastewater.

Of course, the city already has a contract to sell them reclaimed wastewater. The current ruminations are about possibly amending the contract.

The City Council is expected to make a decision in about a month... or not. The City Council may try to refer the decision to the Department of Agriculture.

~~~~~ ~~~~~

July 21, 2010

Judge wants snowmaking plans delayed

PHOENIX — A federal judge asked the owners of Arizona Showbowl to delay the start of construction for an artificial snowmaking system for at least another two weeks.

At a hearing yesterday, U.S. District Court Judge Mary Murguia stated that City of Flagstaff officials are expected to decide by that time whether they intend to sell potable water to Snowbowl.

Howard Shanker, the attorney for groups challenging the current plan to use reclaimed wastewater on the San Francisco Peaks, conceded that would make his lawsuit to preclude the use of “treated effluent” to make snow at the resort irrelevant. However, foes of any snowmaking said they would file a new lawsuit challenging even the use of potable’ water on the mountain.

~~~~~ ~~~~~

July 12, 2010

Save the Peaks Coalition

Save the Peaks District Court Arguments Rescheduled for July 20th

Events Scheduled Starting July 15 in Phoenix, AZ

Phoenix, AZ -- An Arizona District Court has once again rescheduled oral arguments in the lawsuit challenging the proposed use of treated sewage effluent for snowmaking on the San Francisco Peaks located in Northern Arizona. The oral arguments have been moved from July 16th and rescheduled to be heard at 1:00 PM (MST-AZ), Tuesday, July 20th, 2010 in the United States District Court in Phoenix, Arizona.

The Save the Peaks Coalition and other groups are continuing their call for support and will be rallying at the courthouse on June 20th at 11:00 AM and urging everyone to join them in the courtroom at 1:00 PM. A full schedule of planned events is listed below.

Additionally, we are urging Flagstaff residents to attend the July 29th Flagstaff City Water Commission's public hearing on whether or not Flagstaff's drinking water will be sold to Snowbowl instead of treated sewage. We are urging everyone to oppose any snowmaking on the San Francisco Peaks. The hearing will be located at Flagstaff City Hall and volunteer supporters will set up a vigil in front of city hall at 4PM.

For a background, legal documents, photos, updates, and further information please visit: www.TrueSnow.org

Note to editors: Colorful banners & theatrical displays.
Preliminary interviews can be arranged.


SCHEDULE:

THURSDAY, JULY 15TH

Taking Action for Healthy Communities
Free dinner and discussion - 6:30PM - 9:30PM

At Serena Juste (Padilla) Residence
Onk Akimel O'odham Nation (Salt River)
9312 E. Thomas Rd. Scottsdale, AZ 85256

Camping available
Please RSVP at www.TrueSnow.org


FRIDAY, JULY 16TH

Sunrise Prayer Gathering for Protection of Sacred Places
At Serena Juste (Padilla) Residence
Onk Akimel O'odham Nation (Salt River)
9312 E. Thomas Rd. Scottsdale, AZ 85256

NOON - Rally to Protect the Peaks
Wesley Bolin Memorial Park
1700 West Washington St.
Phoenix, AZ 85007

TUESDAY, JULY 20TH

11:00AM - 2:00PM - Rally & Vigil
(Rally to continue outside for those who do not wish to enter courthouse)
Sandra Day O'Connor U.S. Courthouse
401 W. Washington St.
Phoenix, AZ 85003-2118

1:00PM - Courtroom Oral Arguments
Public is welcome! Bring picture ID

2:25PM - News Briefing with Lawyer Howard Shanker

THURSDAY, JULY 29TH

4:00PM - Rally at Flagstaff City Hall Lawn
5:00PM - Flagstaff City Water Commission Public Hearing

More information: www.TrueSnow.org
phxrally@TrueSnow.org  

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July 6, 2010

Opponents of snow making at the Arizona Snowbowl have once again gone to court in another attempt to "stop or at least delay construction."

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July 2, 2010

Representative
Ann Kirkpatrick

Agriculture Department Has Granted Permit for Snowmaking at Arizona Snowbowl

FLAGSTAFF, AZ – Representative Ann Kirkpatrick today announced that after 13 months of negotiations with key stakeholders and the U.S. Department of Agriculture, USDA is granting the permit allowing snowmaking to proceed at Arizona Snowbowl. This is another step towards ending the seven-year battle over this cost-effective jobs project.

Rep. Kirkpatrick has been working with the Agriculture Department and other involved parties to find a path forward for this effort that addresses all of the issues under discussion, and the permit reflects that process. It gives the stakeholders and the community options as they craft an agreement that creates jobs, strengthens the economy, secures a long-term water source for Flagstaff and acknowledges the sacredness of the San Francisco Peaks to our Native American tribes.

“The stakeholders are putting in the time and effort it takes to find a consensus solution that truly meets the needs of our community. This permit gives us the control and the flexibility we need to move forward,” said Rep. Kirkpatrick. “We can find the right balance of encouraging growth, protecting our environment and respecting our tribal communities.

“This will bring hundreds of new jobs to Flagstaff and have a tremendous economic impact, and it is important for us to realize that potential. However, we have to do it with balance.”

Rep. Kirkpatrick has been engaged with the snowmaking effort since her service in the state legislature, and has consistently maintained that a negotiated settlement would be best for all those involved. Ever since the courts made their final rulings on the questions at hand and it fell into USDA’s jurisdiction, she has been pushing to make progress on the project while fully considering the issues raised.

Rep. Kirkpatrick joined Arizona Senators John McCain and Jon Kyl in writing a letter asking the Agriculture Department to explain why the Record of Decision was being held, and she separately made a formal request for them to lay out their plan. USDA released their proposal in February, and she hosted a tele-conference in April in which she announced her support for that outline and highlighted the potential benefits of a well-tailored agreement for Flagstaff. She has been meeting with department officials, Flagstaff leaders and other stakeholders throughout this period to facilitate and to help move them closer to a working compromise.

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? Because the U.S. Department of Agriculture put a hold on installation of snowmaking equipment in September, according to agency documents. Lawyers representing the U.S. Forest Service, which falls under Agriculture, said it would be at least next summer before any other construction started at Snowbowl.

That could possibly delay making snow with reclaimed wastewater beyond the 2010-2011 season that the ski area's owners had sought.

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.

McCAIN SEEKS EXPLANATION FROM USDA ON SNOWBOWL DELAY

October 14, 2009

Washington, 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.

October 4, 2008

Snowmaking Upgrade Temporarily On Hold

The 9th U.S. Circuit Court of Appeals granted a request Friday to delay any construction at the Arizona Snowbowl until the U.S. Supreme Court could decide whether to hear the case. 

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 city's top water official says the latest report isn't cause for alarm.

But the Flagstaff City Council is asking for more data...

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.

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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.

In the case of the Flagstaff skiing snow making proposal, the next steps following issuance of the final EIS will probably be court hearings. Several groups oppose any improvements and will undoubtedly continue their opposition through the Federal courts.

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.

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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:

• In writing, to Ken Jacobs, Team Leader, 5075 N. Highway 89, Flagstaff, AZ 86004

• To email comments, go to http://www.fs.fed.us/r3/coconino/publications/snowbowl/index.shtml and click on the “Comments” link.

• Orally, by calling (928) 226-xxxx and leaving a voice recording.

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.