With 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