Water Issues on Navajo Land
Garren A. Burbank

Environmental Issues

INTRODUCTION                                                      

The United States is home to more than 550 federally recognized tribes with a population still residing on 314 reservations. The Navajo’s are one Nation sited in the four Corners area of Arizona, New Mexico, Utah and Colorado. The Navajo County was formed on March 21, 1895; our land stretches as the biggest known Indian reservation in the Untied States. Almost 66 percent of the Navajo County’s 9,949 square miles is Indian reservation land. The population statistics is 89,225 with a race of other ethnics of about 48 percent on the reservation. The Navajo’s are the fastest growing segment of our Nation’s population exceeding from 4,600,275 individuals, increasing at a rate of 2.7 percent per year,(general information Navajo county-population statistics, 1997)

          The climate on the reservation is a hot and dry environment with windy plateaus that has an average rainfall of ten inches yearly. The elevation is about 6,500 feet above sea level, the terrains has many canyons and covered mesas. The sky is usually a deep, clear blue with tufts of clouds drifting by, but when storms come it turns an ominous blue-black.

The geographic location provide the area with an average growing season of around 160 days, ensuring growth of a wide array of crops when irrigation water is available. Today, Navajo County’s principal industries are tourism, coal mining, manufacturing, timber production and ranching. We as a tribe composed of many claims and contributors to the energy production within the United States. The basic concepts of water on our reservation brings concerns of where it comes from, how it moves, where it is stored, how it is used, how man’s activities affect it. 

The tribal land has many issues concerning the water, land, environment, and economic issues, with projects over lapping one another. We must analyze the issues of maintenance and operation and try to implement good standards of workmanship.

 So the state of Arizona and the tribe itself well be asked to contribute more than their “equitable apportion.” Realization of the potential in economic growth and contribution to the national welfare depends upon the maximum use of limited of water supplies, which fall primarily in the form of snow or rain fall in the high the mountains.  

In addition the project provides municipal and industrial water supplies, flood control, extensive recreation, and fish and wildlife preservation. The Navajo’s are entitled to enormous amount of open land on the open plain’s of the reservation.

As long as it fulfills the purpose of the reservation needs which includes two complicated examinations of matter in search for truth:

1)                 Purpose of the reservation is at least entitled to enough water to satisfy its subsistence needs and maintain its visibility.

2)                 Winters rights do not extend beyond this it,” reserves only the amount of water necessary to fulfill the purpose of the reservation, no more.”

A Brief History of the Winters Doctrine

          The concept of reserved rights originated from the landmark case Winters vs. United States. The now famous Winters doctrine simply states that when the Federal government simply reserved a quantity of water necessary to fulfill the purpose of the reservation.

          These broad purposes entitle a tribe to sufficient water for agriculture, livestock, domestic, recreational, cultural, and other uses.

          Without question,” broad purpose” reservation imply a wide range of water uses and very large water supply. These “specific purpose” reservations necessary imply sufficient water to sustain fish, wildlife, natural plant, or forest habitat. They also imply that the reservation can only be a permanent homeland if the tribe is entitled to use water for these specific purposes.

           Winter right date back to establishment of the reservation or time immemorial the original treaty, statute, or executive order establishing the reservation. Typically, Indian reservation was established well before non-Indian settlement, giving tribe’s very senior and reliable priority dates.

          Tribes have the right to use groundwater just as well as surface water this includes rivers and streams, as long as they underlie or are contained within the reservation. 

IRRIGATIONS ON OUR LAND

When winter comes and covers the mountain peaks with snow, it’s the beginning of a hydrologic cycle. Down below resides the reservoir that consumes the runoff from the mountain.

On our reservation agriculture plays a partial role of the many needs of water usage.

It is important that the reservoir in keep under surveillance with monitoring devices. A qualified Technician should understand the operations and functions of managing the out flow from lakes and rivers. In many of the streams through out the reservation an irrigation system runs nearby landowners that reside down below the reservoir.

All landowners that receive irrigation flow have got to go through the Tribal systems. Water Code is a department that keep track of water usage each irrigation are entitled to

One of the most important functions of the Irrigation Engineer is to provide quality control on the field data being collected by the Technician. This could only be done if the Irrigation Engineer periodically participates with each technician in the collection of field data and then carefully analyzes the field data provided by the Technician. This requires that the field data be evaluated as quickly as possible so that that the Technician can be provided with feedback regarding the quality of the field data.

          The Engineer also has a major responsibility for data analysis. The Irrigation Engineer needs to provide a weekly report on water budgets for the area of the project under the IE jurisdiction of the Head of Operation.

          On the Navajo Reservation, the Safety of Dams Program plays a great role for small communities. SOD falls under Water Management and with proper skills it involves Maintenance and Operation. Some reservoirs that are widely separated from one another are monitored on a weekly basis. Part of SOD’s responsibilities is to help maintain a certain amount of flow to nearby irrigation fields.

          For amount irrigation it must be maintenance of all structure in its structure in its surroundings. Proper understanding of what is in the reservoir will determine good judgment for all irrigation down stream.

          In it’s 1963 decision Arizona vs. California, the U.S. Supreme Court reaffirmed the Winter doctrine and established “ practically irrigable acreage” (PIA) as a standard for quantifying reserved water rights on a reservation set aside with the intent that its inhabitants pursue agriculture. This Standard applies whether a reservation was set aside by treaty, statue, or executive order.

          Under the PIA standard for quantification, tribes are legally entitled to the amount of water needed to irrigate all practically irrigable acreage within their reservation boundaries. A PIA analysis typically involves:

1)                 Calculation of the amount of irrigation water needed to sustain the crops;

 

2)                 Designed of irrigation and conveyance system capable of delivering the needed waters: and

 

3)                 Development of feasible cropping patterns for the irrigable land.

 

4)                 Comparison of land development and production cost with crop revenues to determine the total acreage that is economical to irrigate. 

Under the federal Clean Water Act, the EPA provides funds to develop water quality assessment, monitoring, and regulation of water resources. EPA policy allows tribes, as well as states, to assume control over EPA programs under certain conditions. Tribal government throughout the northwest has taken advantage of this opportunity to develop water quality management programs and to enhance environmental regulations on reservations.

ENVIRONMENTAL ISSUES

Hundreds of plants and animals species depend on the rivers, lands, and reservoirs Reclamation manages. We are committed to protecting their habitat through innovative water management practices and working with water users as well as local, state, and federal agencies.

This brief strategy document will be developed as a basis for the study of mercury as a pollutant on the reservation using as its basis the risk-based framework in the Mercury Study Report and will include the following summary information:

1)                 A description of research that will address a better ecological and health potential risk, document needed to better access potential health and ecological risks, to more completely document exposures, and to better manage such risk,

2)                 A description of ongoing EPA research activities and or other studies that, included various modeling and monitoring studies.

The strategy will identify the scientific and technical information needs and priorities for research in the relevant areas. Some research areas that may be addressed are: emission characterization, deposition, bioaccumulation, ecological toxicity, health effects, exposure, monitoring, risk communication, and risk management-related prevention, control, and remediation of mercury and mercury compounds.

Based on the mercury research/monitoring strategy, The Office of Research and Development (ORD), and other EPA offices, in cooperation with the greater scientific community, will develop and implement an EPA research/monitoring plan. The plan will build on ongoing research efforts in the areas of mercury fate and transport modeling/monitoring, assessment methods development for health and ecological impacts, risk communication, and advances in pollution prevention and other risk management technologies and approaches.

Persistent Bioaccumulative Pollutants: Pollutants that persist in the environment for many months or years, and which accumulate in plants, fish, and wildlife are called “persistent bioaccumulative pollutants.” Persistent means that the pollutant does not break down or become non-toxic easily (or at all) in the environment. Bioaccumulative means that the pollutant concentrates in the bodies of the animals, including humans, that ingest contaminated food on a regular basis. One of the most common persistent bioaccumulative pollutants is mercury.

The tendency of these substances to linger in the environment and to build up in plant and animal tissue poses the greatest risk to human health and the environment. People and other animals generally receive the highest doses of these pollutants when they eat contaminated foods, especially contaminated fish. To reduce the risk to humans from this pollution, States and Tribes issue fish advisories cautioning people to limit their consumption of fish with high levels of pollutants such as mercury.

          As it moves through environmental media, mercury undergoes a series of complex chemical and physical transformation. Most of the mercury in the atmosphere is elemental mercury vapor, which circulates in the atmosphere for up to a year. Mercury in water, soil, sediments, or plants and animals is in the form of inorganic mercury salts and organic forms of mercury. The inorganic form of mercury, when either bound to airborne particles or in a gaseous form, is readily removed from the atmosphere by precipitation and is also dry Mercury accumulates most efficiently in the aquatic food web. Predatory organisms such as at the top of the food web generally have higher mercury concentrations. Studies by EPA have shown that mercury accumulated in fish tissues.

          Consumers need to be concerned about their exposure to mercury; some exposures may be of concern. Those who regularly and frequently consume large amounts of fish are of highest risk to exposure of mercury in regions where mercury is known to exist in the past.

Mercury: mercury has long been known to be toxic, persistent, bioaccumulative pollutant with a wide range of ecosystem and human health effects.

Mercury Poisoning: The primary health effects from mercury are on the development of the brain and nervous system of children who eat contaminated fish, and in fetuses whose mothers eat contaminated fish. It is likely that subtle nervous system and developmental effects (such as attention deficit order) occur in children chronically exposed to relatively low concentrations of mercury. Exposure to high concentrations of mercury over a long period of time can also result in brain damage in adults. It is also thought that serious nervous system and reproductive disorders are occurring in some populations of fish-eating birds and mammals.

STRATEGIC APPROACH

 A successful action plan for identifying and reducing risk from exposure to mercury requires a new multimedia approach. First step, EPA has analyzed current regulations, initiatives, and programs that manage and control mercury, and has identified a set of cost –effective options to move toward achieving further reduction. The Action Plan is continuing to look for opportunities to address mercury through a more integrated multimedia approach The Agency proposes to take the following actions, in consultation with other federal agencies, and with the involvement of states, tribes and other stakeholders. The study of mercury on the reservation will be conducted as follow:

1)       Field laboratory and research facilities

2)       Oil pollution control studies

3)       Waste oil disposal studies

4)          Agricultural pollutions

5)          Sewage in rural areas

6)       Grants and research and development

Are some of the ways we can help our land and water.

Summary and Conclusion

Mercury is known as a health risk to humans and other species such as fish. It is increasingly becoming a major concern to the Navajo tribe. This study will allow the tribe to better manage the level of mercury contamination.

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