Letters | Stop stalling progress

Editor,

As a U.S. Marine Corps veteran and former President of the Chilchinbeto Chapter, I feel obligated to report misunderstanding and barriers that are blocking economic development in our Nation.

For the past five years, the Chilchinbeto community has actively pursued a clean energy storage project to create local jobs, provide water for grazing, and support economic development with strong support from a large majority of residents in both the Chilchinbeto and Kayenta communities. In addition, it would help address the Navajo Nation’s declining budget and support the development of strong public policies in healthcare, education, and public safety.

In mid-May, the Chilchinbeto community presented the project to the Resources and Development Committee, seeking approval to apply for a “Federal Energy Regulatory Commission Preliminary Permit.” This permit only grants permission to do a feasibility study.

The project got strong support from most RDC members, culminating in a 4–1 vote in favor.

A few comments from RDC member Shawna Ann Claw, who ultimately voted against the project, took me by surprise. Her concerns appeared to be based on three misunderstandings: 1. That a vetting process was required before applying for a FERC Preliminary Permit. 2. That the project team was asking the RDC to apply for the FERC Preliminary Permit on its behalf. 3. That the Navajo Nation does not underuse the C Aquifer water. In fact, none of these claims is accurate.

First, the FERC Preliminary Permit itself is a federal vetting process. It runs concurrently with the

Navajo Nation’s internal vetting processes, which include reviews by several agencies like the

Heritage and Historic Preservation, EPA, Fish and Wildlife, Transportation, and Water Resources Departments. A FERC Preliminary Permit only authorizes feasibility studies. It does not grant permission to develop the project. Calling for a vetting process before the official vetting even begins is illogical and would make it financially unfeasible for any company to invest.

Second, Delegate (Shawna Ann) Claw stated that our partner must manage its own permitting process.

Specifically, our partner is seeking approval from the RDC and DOJ to file a Preliminary Permit with

FERC, which would allow our partner to invest in a three-year feasibility study for the project. As of February 2024, projects within the Navajo Nation must receive prior approval from the Department of Justice (DOJ) before applying for a FERC Preliminary Permit. Outside the Nation, any project can apply for a FERC permit without prior approval, since the permit only allows for preliminary surveys. When this rule was enacted, all FERC Preliminary Permits were canceled in February 2024. This caused major financial losses for many companies that wanted to invest and create jobs in the Navajo Nation. Most left the Nation and invested where it was easier and cheaper. Our partner is one of the few that stayed while still facing continuous roadblocks and inexplicable delays.

Third, Delegate Claw might be misled by disinformation about the C Aquifer being spread by organizations like Tó Nizhóní Ání. The C Aquifer is not the same as the N Aquifer that Peabody Energy used for its coal mining operations. Only the N Aquifer has limits. The C Aquifer is much larger, significantly deeper; it also receives huge annual recharging and contains primarily saline water. The high cost of pumping and treating its water has made it impractical for use in many parts of the Nation.

Although more than 50% of the C Aquifer lies beneath the Navajo Nation, the C Aquifer is underused by the Navajo Nation as less than 1% of its current usage occurs within the Nation. The remaining 99% is extracted outside tribal lands, raising the concern that the Nation could lose its legal rights to this water, as we know that “water use creates water rights.”

Currently, the C Aquifer is being used beyond the Nation’s borders to cool fossil fuel power plants and to supply municipal and industrial water to cities like Flagstaff, which draws 60% to 70% of its water from the C Aquifer.

Tó Nizhóní Ání and its leader who oppose the use of C Aquifer water for our responsible Chilchinbeto clean energy storage project is based in Flagstaff and use C Aquifer water every day, while preventing Navajo communities from accessing their God-given and legal right to access the C Aquifer. Also, while the non-profit Tó Nizhóní Ání´s pays its leader a salary over ten times the Navajo Nation’s average to afford living in Flagstaff, it blocks a clean energy project that would create well-paying jobs, bring families back to the Navajo Nation, and help revitalize our communities and culture.

(Tó Nizhóní Ání pays its leader nearly $100,000 per year – https://www.causeiq.com/organizations/to-nizhoni-ani,571153178/#personnel ).

The total water used for the Chilchinbeto clean energy project would be less than 2% of the C Aquifer’s annual recharge, and only about 0.0013% of its total volume per year with minimal impact given the aquifer’s size. Also, our development partner would pay for pumping and treating the water and will provide more than half of the water pumped back to our local community.

All we are asking for is access to what is rightfully ours: our fair share of our water instead of letting it flow to Flagstaff—and ultimately to the swimming pools of wealthy Californians who oppose economic development in our Nation through Tó Nizhóní Ání, with donations over $1 million per year ( https://www.causeiq.com/organizations/to-nizhoni-ani,571153178/ ).

Like many of our Nation’s leaders, we believe that economic development is essential to bringing back jobs and families to strengthen our culture, our schools, and help our elders. I want to trust that our leaders recognize the urgency to simplify these processes that make the Navajo Nation unattractive to investors. I also want to trust that our leaders always act independently from influence from organizations like Tó Nizhóní Ání and in the best interest of the Navajo people.

Federal assistance is disappearing permanently as our country faces record high deficits. It’s up to us, Navajos, to act now. T’áá hwó’ ají t’éego.

Paul Madson
Chilchinbeto, Ariz.

 

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