News
What next for Snowbowl? Construction could start soon
But a tribal attorney says his clients are weighing further legal action and asking federal officials to revoke the construction permitWith no litigation in any court at this time, construction at Arizona Snowbowl could start this year, say Snowbowl executives.
"Really, we have to just work with the Forest Service to establish a schedule that works for them and works for us," said owner Eric Borowsky. But attorneys for multiple tribes are considering further possible legal or other action to block it.
They have the option of asking the Department of Agriculture, which oversees the Forest Service, to undo snowmaking approval, of going to Congress to get laws changed, or of appealing another point of the case.
"We will definitely do something," said Howard Shanker, an attorney for some of the tribes in the case, to prevent snowmaking at Snowbowl.
As a start, Borowsky said the ski area might install short conveyor belts this year to carry beginning skiers uphill on Hart Prairie during group lessons rather than use the chairlift or a rope tow.
His latest estimates put the cost of a 14.8-mile water pipeline, snow guns, reservoirs and pumps at about $13 million, to be funded by Snowbowl.
He did not say whether he would plan to hold off on construction in the case of further litigation by those opposed to snowmaking and other developments at the ski area.
The Hualapai Tribe, among others, is weighing its legal options, said attorney Levon Henry.
The tribe considers the Peaks the group's birthplace, and opposes a number of recreational activities there.
"One of the options involves an environmental claim that the 9th Circuit did take some interest in but didn't rule on," Henry said.
In essence, the tribes and environmental organizations raised multiple arguments in court about why snowmaking should not be allowed at Snowbowl.
They included assertions that the U.S. Forest Service had not properly met with all the affected tribes, despite meetings held, and that snowmaking could harm the environment.
Some of those arguments were decided briefly, and without long hearings.
The tribes could return to court to ask for a full hearing on whether snowmaking poses environmental risks, and ask for an injunction on construction in the meantime.
Environmental arguments were introduced at the 9th Circuit, but were set aside for procedural reasons.
Tribes could also approach Congress or the Obama administrationto ask for a law specifically aimed at protecting Native American beliefs, said Shanker.
His plaintiffs won early on in the 9th Circuit, before a three-judge panel, but that ruling was overturned by 11 judges in the same court.
"We lost on an 8-3 decision which unfortunately broke down on political lines," Shanker said.
The Coconino National Forest also signed an agreement with Arizona State Historic Preservation Office in 2004 stipulating the following in the case of further development on the Peaks:
-- The Forest Service will protect plants considered important by the tribes.
-- The agency also agreed to: provide periodic inspections by tribal members to examine specials sites on the Peaks, guarantee access to tribal members, ensure special sites are avoided during development, protect these sites as confidential, give tribes reports detailing impact of snowmaking on plants and animals, and give an annual report to tribes on development at Snowbowl.
The agreement was signed by the Forest Service, the Hualapai Tribe, the state's Historic Preservation Office, the Fort McDowell Yavapai Nation, the Yavapai-Prescott Tribe and the Yavapai-Apache Nation.
The Havasupai Tribe, the Hopi Tribe, the Pueblo of Acoma, the Navajo Nation, the Dine Medicinemen's Association, the San Carlos Apache Tribe, the San Juan Southern Paiute Tribe, the Tonto Apache Tribe and the White Mountain Apache Tribe did not sign it.
Cyndy Cole can be reached at 913-8607 or at ccole@azdailysun.com.
What's proposed for construction
-- 205 acres of snowmaking
-- 10 million-gallon snowmaking water reservoir near the top terminal of the existing Sunset chairlift, and a pond below the Hart Prairie Lodge
-- 14.8-mile reclaimed water pipeline between Flagstaff and the Snowbowl
-- 3,000 to 4,000-square-foot snowmaking control building in the vicinity of the
existing maintenance shop
-- sledding area
-- chairlift on the side of Humphreys Peak
-- conveyor belts to carry young and learning skiers uphill on Hart Prairie
-- enlarge Hart Prairie Lodge
-- a "Native American cultural and education center" in or near the Agassiz Lodge
-- 47 acres of thinning
Source: Coconino National Forest Environmental Impact Statement
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Ned Del Callegjo, left, stands with a small group protesting the decision by the U.S. Supreme Court not hear an appeal to the decision allowing artificial snow to be made at Arizona Snowbowl. (Jake Bacon/Arizona Daily Sun)
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Leave your comments below:
GRYFIS wrote on Jun 24, 2009 11:32 AM:
If you want to play the point-counterpoint game, I can play too.
Mississippi River: The article you reference discusses industrial contamination (not relevant in Flagstaff) agricultural contamination (again - not relevant here) and municipal sewage discharge into the river. It’s concerns about municipal sewage has to do with untreated or minimally treated effluent with high levels of fecal coliform bacteria. Sorry, but that’s not an issue with the level of treatment at the Rio de Flag plant (the water Snowbowl will be getting).
Chickens and Septic tanks: Again, it’s a level of treatment issue. Your example link just doesn’t rate. A septic tank and the Rio De Flag plant are about as comparable to each other as a '59 Buick and a Toyota Prius.
Snowmaking: The link you provided lists that the MINIMUM treatment level for snowmaking is ‘A’. The reclaimed water in question is treated to ‘A+’ standards. Even one of your sympathetic rags has published an article confirming that fact. http://www.flagteaparty.org/Publications/Headlines/Pages/2002/March_April2002/SnowbowlApril.html.
Norovirus: Again - It’s a matter of treatment. People can get norovirus from a variety of sources, but all are from exposure to contaminated matter. Read your link to the AZ Secretary of State for ‘A+’ water. In order to achieve that rating, it has to undergo the most stringent disinfection. Golf course irrigation is only required ‘B’ classification which does not include additional treatment/testing to ensure disinfection and virus elimination. Not all municipalities in Arizona provide ‘A+’ water to irrigate their golf courses.
Again - please answer me this. Where do you think this water otherwise goes after it leaves the treatment plant? "
Vince wrote on Jun 24, 2009 12:21 AM:
This webpage talks about untreated sewage entering mississippi river, but that is slowly being cleaned up. Just because the Mississippi River is a mess is not a reason to pollute pristine drinking water for sking.
http://civil.engr.siu.edu/301I_Ray/mississr.htm
Is it safe to raise chickens near a septic at high altitude? No. Other people in other areas of the country are more concerned about their children and chickens being exposed to effluent especially at high altitude.
http://answers.yahoo.com/question/index?qid=20080811163308AAyHBr5
From the state of arizona secretary of state.
http://www.azsos.gov/public_services/Title_18/18-11.htm
Snowmaking is A. Somebody needs to write Kirkpatrick.
This is not a dead issue. As water quality rules do not address viruses. How many times has the Norwalk virus chased away the Arizona Cardinals. How many kids were quarantined at NAU a few years ago. I had to transport some kids home as nobody wanted to take possible sick Noro kids back to Phoenix.
"State requirements do not address viruses. In Arizona where reclaimed sewage is used on golf
courses, “The Maricopa County Medical Examiner's Office has confirmed that a 15-year-old
golfer died after contracting the Norwalk virus that sickened 82 other golfers during a tournament
at the Thunderbirds Golf Course.” The death law suit was settled for 3 million dollars."
http://thewatchers.us/Coliform_where-are-scientists.html "
GRYFIS wrote on Jun 23, 2009 1:38 PM:
Regardless though, there seems to be some misconception about where the reclaimed water goes after it leaves the treatment plant. Contrary to apparent popular belief, it doesn't magically disappear off the face of the planet once discharged into the Rio de Flag Wash. It doesn't even make it to the Little Colorado River before its absorbed into the ground. Look at the geology around the Rio at the discharge point on the east side of town. It's limestone rock which is full of fractures, faults and caverns. Ever hear of the Bottomless Pits on that side of town? Seems to me like that's a pretty direct route to the groundwater.
If I was concerned about the effects of the reclaimed water on the groundwater, I'd personally rather have it filter through the cubic miles of soil and rock that are the Peaks. That is, instead of it being flushed directly into the groundwater via a system of limestone caverns and faults.
Also - Flagstaff won't be the only town to be drinking reclaimed water. Look at all of the towns and cities along the Mississippi that draw their water it. Every one of them draws their water from the river and then discharges it's treated waste water back into it. By the time the water has traveled from Minneapolis to New Orleans, who knows how many times that water has been recycled. New Orleans may have some of strange people running around it's streets (especially at Mardi Gras), but I doubt any of them are a direct result of drinking the water.
If the current standard of treatment (A+ classification) still releases too many toxins into our environment for your taste, then li'l ole Flagstaff and the Peaks should be the least of your concerns. You should be camping out at the US Congress demanding a nationwide revision to the EPA standards for waste water treatment. "
Vince wrote on Jun 22, 2009 6:58 PM:
The mountain is a shield volcano. If the effluent penetrates the soil, the water will end up at Fort Valley. That same graben fault runs directly to Flagstaff water well fields at Woody Mountain road. "
MYSELF wrote on Jun 21, 2009 9:58 PM:
vince wrote on Jun 18, 2009 10:01 AM:
When the pipe breaks(like in Grand Canyon), the Big Fat cats will spray your house. "
Pines wrote on Jun 17, 2009 10:07 AM:
On point wrote on Jun 16, 2009 9:43 AM:
Those are facts, however feel free to get all emotional and irrational, and argue off topic. I realize that's half the fun of blogging. "
NAU N8tv wrote on Jun 15, 2009 4:16 PM:
dl wrote on Jun 14, 2009 2:02 AM:
Powder Pig wrote on Jun 13, 2009 10:18 AM:
" Powder Pig you are clueless
plants and animals do not benefit from effluent
why don't you do us all a favor and rink some yourself "
wow:Please don't get in a big snit because you don't understand the benifits. Simply put: Strict Health Department specifications for effluent> effluent used to make snow> snow melts> water> plants and trees absorb this moisture> growth> animals eat or nest in plants/trees. Take it from there.Sounds like win/win for plants and animals not to mention other benefits of recycling.Sorry to upset you I realize this is an emotional issue for many as it also appears to be much more emotional than rational with you. "
Matt Turner wrote on Jun 13, 2009 6:45 AM:
mark wrote on Jun 12, 2009 1:33 PM:
wow wrote on Jun 12, 2009 7:36 AM:
plants and animals do not benefit from effluent
why don't you do us all a favor and rink some yourself "
saddened wrote on Jun 12, 2009 12:39 AM:
Humanist wrote on Jun 11, 2009 3:43 PM:
I find it a terrible shame that again the indigenous people's beliefs and values are disregarded in the name of "progress", i.e. profit for the resort and closely affiliated tourist businesses. I am neither a skier nor Native American. I believe in valuing people's beliefs and that there are many aspects of life that are more important than economic development. "
ME wrote on Jun 11, 2009 1:33 PM:
It will end some day........... "
Powder Pig wrote on Jun 11, 2009 9:10 AM:
Perfect Combination wrote on Jun 10, 2009 2:07 PM:
But wouldn't it be the perfect combination of kharma and irony if the Snow Bowl's owners couldn't afford to peoceed with construction because of a precipitous drop in profitability of their other business, the strip clubs in Scottsdale? "
skiingismyreligion wrote on Jun 10, 2009 1:52 PM:
Don't worry about reclaimed water killing Pondorosa Pines at Snowbowl. There are no Pondorosas at that elevation. "
mondo man wrote on Jun 10, 2009 12:06 PM:
Oscar wrote on Jun 10, 2009 11:25 AM:
Flagstaff and the feds got hoodwinked by the real estate developers who own Snowbowl and their hollow threats of "closure." Worse yet, tax payers will have footed the bill through Forest Service and Department of Justice ignorance and acquiescence to bully politics...
A smart investment if it works, and one that makes fools of virtually everyone involved. Makes you wonder who all will get a cut of the spoils.
Ah, the Manifest Destiny of skiing Arizona in November. As if... "
Sherri wrote on Jun 10, 2009 8:45 AM:
How many people pee on the Peaks every day because it is the "wilderness"? And just think that pee wasn't cleaned up first.
I don't believe the mountain will suddenly turn yellow either!! Let's face it the view of the Peaks will not change.
Like mo said "don't eat the snow". But if you do, it won"t kill you. "
Sherri wrote on Jun 10, 2009 8:36 AM:
The Peaks aren't going to look any different. How many people in general pee on the peaks every day just because it's the "wilderness"? And just think, that pee wasn't cleaned up first!!
Did you hear the machines running at night thispast winter? You aren't going to hear anything else either.
Stop your bellyaching and let Snowbowl help our economy before there aren't any jobs for the people that are at least trying to live here.
Like mo said "Don't eat the snow". And if you do, IT WON'T KILL YOU. "
intherearviewmirror wrote on Jun 10, 2009 8:28 AM:
joke wrote on Jun 10, 2009 7:28 AM:
now i will laugh even more, due to the pee and poo covering their skin and clothes "
Conservative View wrote on Jun 9, 2009 11:13 PM:
You lost.
Stop wasting your time and money over property that the Natve American don't own.
I'm happy for the SnowBowl owers, employees and Flagstaff merchants. "
Thumper wrote on Jun 9, 2009 9:15 PM:
I say let it snow! "
mdm wrote on Jun 9, 2009 9:09 PM:
Hmm wrote on Jun 9, 2009 7:59 PM:
T. Ferguson wrote on Jun 9, 2009 3:26 PM:
I, for one, could care less about tourism, skiing, snowboarding, etc. Not everyone who lives in Flagstaff is directly tied into the tourism industry. I do not look forward to being stuck in traffic each and every weekend just running errands and living my life. Looks like the residents of Flagstaff will have to surrender their town to the tourists more often now....
And I'm sure the typical response to this will be, 'If you don't like it, move.' I'm already planning on it.... "
Sherry wrote on Jun 9, 2009 2:54 PM:
Pete wrote on Jun 9, 2009 2:52 PM:
The Snowbowl isn't within Flagstaff City Limits, either, so why do people from Flagstaff think they own it? "
AzWebFoot wrote on Jun 9, 2009 2:28 PM:
Thusly it could be argued that for 30 years now, at least the Hopi, no longer maintain that the peaks are sacred.
The argument is moot. "
LongTimeResident wrote on Jun 9, 2009 2:09 PM:
ad wrote on Jun 9, 2009 12:39 PM:
eyeride wrote on Jun 9, 2009 12:17 PM:
anon1969 wrote on Jun 9, 2009 11:58 AM:
If it is allowed to go forward, it will mean jobs for a few people. Maybe not for a long period of time, but they might be able to spend money in Flagstaff and who know, maybe go skiing/snowboarding. Cheers! "
anon1969 wrote on Jun 9, 2009 11:51 AM:
" Sooo...who's paying for this pipeline? "
Eventually, if you ski or use Snowbowl, you will. It gets passed onto the consumer in a capitalistic society. Or as Dan Frazier said in another thread:
Dan Frazier wrote on Jun 8, 2009 9:33 AM:
" I'm not much of a believer in higher authorities. But for those who believe in such things, the current economic climate might be considered an act of god, and the economy, or god itself, might make it hard for Snowbowl to proceed with its very expensive project. "
Again, the consumer will eventually pay for this in their use of the facility. And with the popularity of snowboarding and people still willing to spend their money on this activity, Snowbowl should do failry well. Cheers! "
Brian wrote on Jun 9, 2009 11:50 AM:
Dr. Mike Koch in Germany (really?): Me thinks perhaps you should be more concerned with what is happening in your own country with the conservatives taking over, of which I don’t think you are a part of, and not being so concerned with a mountain in Arizona. "
cynical ingine wrote on Jun 9, 2009 11:23 AM:
Dave wrote on Jun 9, 2009 10:30 AM:
peaks resident wrote on Jun 9, 2009 10:27 AM:
but what about the noise?
snow making is very loud "
blueeyes wrote on Jun 9, 2009 10:09 AM:
Ezekiel Yazzie wrote on Jun 9, 2009 10:07 AM:
chirs wrote on Jun 9, 2009 9:11 AM:
Boondoggle wrote on Jun 9, 2009 8:54 AM:
People, please. This guy Shanker is the biggest sandbagger in northern Arizona.
The 3-0 decision at the 9th Circuit in Shanker's original appeal, which IMO "unfortunately" broke their way was decided by a Carter appointee, and two Clinton appointees (one of whom was merely Clinton's northern California state director for Clinton's presidential campaign in 1992), and two of the three are Berkeley law grads/professors.
I guess that decision wasn't political, though, huh Howard? Running for Congress in northern Arizona as a Democrat again anytime soon Howard?
Guess not. "
Dr. Mike Koch Germany wrote on Jun 9, 2009 8:40 AM:
John wrote on Jun 9, 2009 8:04 AM:
berta glawischnig wrote on Jun 9, 2009 8:01 AM:
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Vince wrote on Jun 26, 2009 1:02 AM:
ERROL L. MONTGOMERY & ASSOCIATES, INC., points out the fault line which goes straight to the Arizona Snow Bowl. page 3.
http://www.elmontgomery.net/docs/publications/PlateauGroundwater_Montgomery.pdf
The ? effluent goes down the Rio De Flag. Fortunately, the water most likely drains into a Breccia pipe which drains into the Redwall Limestone. So the City got lucky in finding a Black Hole for there sewer. The environment is not a scene to apply general concepts. One needs to look at the geology, fault lines, grabens, sinkholes, etc. to determine where the sewer is flowing. Drilling maybe necessary. Look for water in Valle. Drill at one place and there is no water. Another place reveals water. Nature is specific. To compare the Rio De Flag to the Snowbowl is like staring in the mirron and saying that is me, but its not.
Its a no brainer, that Flagstaff has A+, but state regs say A is only needed does not imply that Flagstaff has A water from the state regulations. The state say A is only needed. I will repeat what you say that Flagstaff has A+ water.
If Flagstaff has A+ water, Why are Noro Virus outbreaks in Flagstaff? This implies that Flagstaff is not producing A+ water, but maybe B. This makes me worry about AWWA standards and how frequent are the insepctions.
Somebody should do a dye test at the Arizona Snow Bowl to see where it ends up, if it has not already been done. "