;

2. The SSA protection program is authorized by section 1424(e) of the Safe Drinking Water Act

of 1 974 (Public Law 93—523,42U.S.C.300 et seq.), which states the following:

“If the Administrator determines, on his own initiative or upon petition, that an area has an

aquifer which is the sole or principal drinking water source for the area and which, if

contaminated, would create a significant hazard to public health, he shall publish notice of

that determination in the Federal Register. After the publication of any such notice, no

commitment for federal financial assistance may be entered into for any project which the

Administrator determines may contaminate such aquifer through a recharge zone so as to

create a significant hazard to public health, but a commitment for federal assistance may, if

authorized under another provision of law, be entered into to plan or design the project to

assure that it will not so contaminate the aquifer.”

3. EPA defines a sole or principal source aquifer as an aquifer that supplies at least 50% of the

drinking water consumed in the area overlying the aquifer.

4. These areas may have no alternative drinking water source(s) that could physically, legally

and economically supply all those who depend on the aquifer for drinking water, and;

5. SSA is a tool to protect drinking water supplies in areas where there are few or no alternative

sources to the ground water resource, and;

6. If contamination occurred, using an alternative source would be extremely expensive.

7. The N—Aquifer is the sole source of potable water for the residents of Black Mesa and

surrounding communities and;

8. 1 00% of the people of Black Mesa rely on the N—Aquifer, since it is the only potable source of

water, and;

9. There are no alternatives to drinking water supply for residents of Black Mesa, and;

1 0. The lives of the people of Black Mesa and surrounding communities as well as the future

generations depend on the water, and;

11. The people of Black Mesa and surrounding communities are dependent on the sustainability

of the N—Aquifer, and;

1 2. Water provides the foundation to the way of life of the Dine’ people, both spiritually,

mentally, physically, emotionally and it is evident in the culture, teachings, ceremonies and

way of life, and;
some instances casing is collapsing

and according to the report that these are early signs

that the aquifer is collapsing and requests an investigation, and;

1 6. In 1 989, The Office of Surface Mining (OSM) established C.H.I.A. (Cumulative Hydrological

Impact Assessment), a set of specific criteria used to measure hydrological balance of the

Aquifer, one of which Structural Integrity, has been violated in at least two wells identified as

BM1 and BM2, and;

1 7. Evidence from independent study show that Peabody Coal Company’s pumping of 4400

acre/feet per year from the N—Aquifer exceeds the N—Aquifers natural ability to recharge

itself (NRDC 2000), and;

1 8. Data gathered by USGS (United States Geological Survey) shows that at least one of the

criteria indicating material damage to the N—Aquifer, established by OSM in its C.H.I.A., has

been exceeded (NRDC 2000), and;

1 9. Since the continuous pumping of the N—Aquifer by Peabody began, local residents have

documented hundreds of springs and seeps and other water sources and outlets which have

ceased to produce water resulting in the destruction of prayer and offering sites, which is in

violation of the freedom of religion, and;

20. Since the continuous pumping of the N—Aquifer by Peabody began, local residents have

documented hundreds of springs and seeps and other water sources and outlets which have

ceased to produce water resulting in the destruction of plants including those medicianal and

those edible which have historically been sustained by springs, natural water cycle, and;

21. Since the continuous pumping of the N—Aquifer by Peabody began, local residents have

documented hundreds of springs and seeps and other water sources and outlets which have

ceased to produce water jeopardizing the lives of wildlife, birds and other animal which rely

on springs and seeps.

NOW THEREFORE, BE IT RESOLVED THAT:

1. The (Navajo Nation, Chapter, Agency) supports To Nizhoni Ani position to Protect the N—

Aquifer that the people of Black Mesa have inherit and indigenous rights to safe and clean

drinking water supply, and;

2. The N—Aquifer water supply must be protected from outside use and exploitation, and;

3. The ( NN, Chapter, Agency) requests that the Navajo Aquifer be designated as a Sole Source

Aquifer (SSA) under EPA’s definition so that it may have the full protection under Federal Law

to protect against contamination.
WHEREAS

1. The K’ai’bWtâ Chapter is certified Chapter of the Navajo Nation and is delegated the authority and responsibility to promote projects which benefits the local community, and

2 Pursuant to 2 N,N.C., Section 4028 (a), the K’arbii’to Chapter is vested with the authority to review all matters affecting the community and make appropriate recommendations to the Navajo Nation, Federal. State. and local agencies for appropriate actions; and

3. Water provides the foundation for Navajo Lifeway including the spiritual and the daily lives of the people of Black Mesa as evidenced in their culture, language, traditions, teachings, and ceremonies; and

4. The Navajo Aquifer Is the sole source of safe and dependable drinking water for the residents of Black

Mesa and surrounding communities, many of whom are members of K’ai’bii’tà Chapter. and

5. Ta Nizhârii, Inc. has long been involved in the struggle to protect their water rights and have developed their position through acquiring documents and justifications to support their position as evIdenced in (Exhibit “A”); and

5. In order to safeguard the Navajo Nation water rights and source for future use. K’ai’bii’tá Chapter is duly concerned about the overuse of safe, clean drinking water for mining operations by Peabody Western Coal Company; and

NOW THEREFORE. BE IT RESOLVED THAT:

1. The K’ai’bii’tó Chapter hereby supports the position of To Nizháni, Inc. and the people of Black Mesa and surrounding communities in their inherent and Indigenous right5 to safe and sustainable and quality

source of drinking water from the Navajo Aquifer

2. Furthermore, K’al’bii’tó Chapter believes due diligence must be exercised in mot diminishing the water supply through overuse of potable water for industrial purposes by Peabody Western Coal Company.

JTIFICATION

We hereby certify that the foregoing resolution was considered by the K’ai’bii’tO Chapter at a duly calledmeeting at which a quorum was present and the same was passed by a vote of 38 in favor, 0 opposed,

and Oabstainecl on this 5th day of March 2011.

Motion by: Franklin Fowler Second by: DareW1U”

Kelsey A. Begay, Chapter President Ernest Goatson, Chapter Vice-President -z_
Resolution ofthe Western Navajo Agency Council supporting to Nizhoni Ani position to Protect the N- Aquifer, for the purpose ofsustaining the people ofBlack Mesa, guaranteeing safe clean water for their health and well being now and for the future generations.

WACS Resolution No.: 078-287-06

WHEREAS:

1. The Western Navajo Agency Council is a consortium of duly elected Chapter Officials of eighteen (18) certified Navajo Nation Chapters that advocate, promote and support common goals and interests ofthe respective Chapters; AND

2. The Western Navajo Agency Council is comprised of elected officials from eighteen (18) Navajo Nation Chapters in the Western Navajo Agency and has the responsibility and authority to address matters and projects that will benefit the 18 chapters of the Western Navajo Agency of the Navajo Nation; AND

3. The N-Aquifer is the sole source of potable water for the residents of Black Mesa and surrounding communities and; and

4. The lives and the people of Black Mesa and surrounding communities and the fbture generations depend on the water, hence are dependent on the sustainability ofthe N-Aquifer; and

5. Water provides the foundation to the Way of Life including both Spiritual and Philosophical for the Dine (“the people”) People of Black Mesa. It is evident in the Culture, Language, Traditions, Teachings and Ceremonies ofthe People (Dine); and

6. Lease NO. 14-20-060308580 and Lease NO. 12-20-0603-9910 gives Peabody Western Coal Company the rights to “develop and utilize water for use in its mining operations”; and

In order to protect the water, Secretary ofInterior, on April 14, 1966 approved the leases upon the condition that; [S]hould the Secretary ofthe Interior determine at any time, that the operation ofsuch wells is endangering the supply ofunderground water in the vicinity ofis so lowering the water table that other users ofsuch water are being damaged, he may at his option, either (1) require Sentry of Peabody, at its own sole expense, to provide water in quantity and of quality equal to that formerly available from such underground supply to such other users, deepening the latters’ wells or otherwise,

or (2) require Sentry or Peabody, at its own sole expense, to obtain water for the mining and pipeline operations from another source, that will not significantly affect the supply of underground water in the vicinity”; and

springs - Bodaway/Gap — Cameron — Chilchiribeto Coalmine — Coppermine — Dennehotso - Kaibeto — Kayent
Aquifer exceeds the N-Aquifers natural ability to recharge itself(NRDC 2000), and;

9. Peabody Coal Company’s Kayenta Mine Operations continue to use the N-Aquifer for primary industrial purposes, now in operation 4 decades, and;

10. In 1984, Navajo Nation Hydrologist, Carol Lowery, reported that “there is a sand problem and in some instances casing is collapsing”. Lowery, says in the same report, that that these are early signs that the aquifer is collapsing and requests an investigation; and

11. In 1989, The Office of Surface Mining (OSM) established C.H.I.A. (Cumulative Hydrological Impact Assessment), a set of specific criteria used to measure hydrological balance of the Aquifer, one of which Structural Integrity, has been violated in at least two wells identified as BM1 and BM2;and

12. Data gathered by the U.S. Geological Survey (USGS) shows that at least one ofthe criteria indicating material damage to the N-Aquifer, established by the Office of Surface Mining (OSM) in its Cumulative Hydrologic Impact Assessment, as been exceeded (NRDC 2000); and

13. Data gathered by USGS shows that water levels have decreased by more than 100 feet in some wells and discharge has slackened by more than 50 percent in the majority of USGS monitored springs. There are also growing signs that the aquifer is being contaminated in some places by low-quality water from other non-potable aquifers, (Id.); and

14. Since the continuous pumping ofthe N-Aquifer by Peabody began, local residents have documented hundreds ofsprings and seeps and other water sources and outlets which have ceased to produce water resulting in the destruction of valuable and life sustaining water; and

15. Since the continuous pumping ofthe N-Aquifer by Peabody began, hundreds ofsprings and seeps and other water sources and outlets which have ceased to produce water resulting in the destruction of

prayer and offering sites, which is a violation ofthe freedom ofreligion; and

16. Since the continuous pumping ofthe N-Aquifer by Peabody began, local residents have documented hundreds ofsprings and seeps and other water sources and outlets which have ceased to produce water resulting in the destruction of plants including those medicinal and edible which have historically been sustained by springs; and

17. Since the continuous pumping ofthe N-Aquifer by Peabody began, local residents have documented hundreds ofsprings and seeps and other water sources and outlets which have ceased to produce water jeopardized the lives ofwildlife, birds and other animals which rely on springs and seeps.

springa - Bodaway/Gap - Cameron - Chi].chinbeto — Coalmine - Coppermine - Dennehotso - Kaibeto - Kayent
2. The Western Navajo Agency Council, hereby also supports that exclusive rights to the NAquifer remains with Black Mesa Residents and the Navajo People and state groundwater laws and “grandfather” clause does not apply to Navajo Waters including the N-Aquifer

3. The Western Navajo Agency Council hereby continues to supports that in order to safeguard

the Navajo Nation and prevent further damage to the N-Aquifer, Peabody Western Coal

Company end its use ofthe N-Aquifer.

CERTIFICATION

We, hereby certify that the foregoing resolution was properly presented at a duly called Western Navajo Agency

Council Meeting at Dennehotso Chapter, Navajo Nation, Arizona, where a quorum was presented and passed with a

vote of_____ In Favor; _J Opposed; and _jAbstained on this 19 day of March 2010.

Motion by:

Second By: 4p,M4 2

Thomas L Cody, President onne Bigman, Vice Pr ident

/ka

Louise Kerleecretar

springs ‘- Bodaway/Gap - Cameron — Chilchinbeto - Coaimine - Coppermine — Dennehotso - Kaibeto - Kayent
WHEREAS:

1. The N-Aquifer Is the sole source of potable Water for the residents of Black Mesa and surrounding

communities and;

2. The lives and the people of Black Mesa and surrounding communities and the future generations

depend on ‘the water, hence are dependent on the sustainability of the N-Aquifer;

3. Water provides the foundation to the Way of Life IncludIng both Spiritual and Philosophical for the

Dine (“the people”) People of Black Mesa. It is evident in the Culture, Language, Traditions,

Teachings and Ceremonies of the People (Dine).

4. Lease NO, 14-20-060308580 arid Lease NO. 12-20-0603-9910 gives Peabody Western Coal Company

the rights to “develop and utilize water for use in its mining operations”, and;

5. in order to protect the water, Secretary of Interior, on April 14, 1966 approved the eases upon the

condition that;

Should the Secretary of the Interior determine at any time, that the operation of such. wells isendangering the supply of underground water in the vicinity of is so lowering the water table

that other users of such water are being damaged, h may at his option, either (1) require Sentry

of Peabody, at is own sole expense, to provide water in quantity and of quality equal to that

formerly!a from such underground supply to such other users, deepening the latters’

wells or otherwise, or (2) require Sentry or Peabody, at its own sole expense, to obtain water for

the mining and pipeline operations from another source, that will not significantly effect (sic)the supply of underground water in the vicinity”.

6. Peabody Coal Company’s Black Mesa Mine has used the N-Aquifer for more than three decades

(since 1971) in order to slurry coal via the Black Mesa Pipeline from Black Mesa mine to the Mohave

Generating Station in Laughlin, Nevada over 273 miles away, and;

7. Evidence has shown that Peabody Coal Company’s pumping of 4400 acre/feet per year from the NAquifer exceeds the N-Aquifers natural ability to recharge itself (NRDC 2000), and;

8. Peabody Coal Company’s Kayenta Mine Operations continue to use the N-Aquifer For primary

industrial purposes, now in operation 4 decades, and;
11. Data gathered by the U.S. Geological Survey (USGS) shows that at least one of the criteria indicating material damage to the N-Aquifer, established by the Office of Surface Mining (OSM) in its Cumulative Hydrologic Impact Assessment, as been exceeded (NRDC 2000).

12. Data gathered by USGS shows that water levels have decreased by more than 100 feet in some wells

and discharge has slackened by more than 50 percent in the majority of USGS monitored springs:

There are also growing signs that the aquifa? Is beIng éontaminated in some places by low-quality

water from other norl-potable aquifers, (Id and;

13. Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and other water sources and outlets which have ceased to produce

water resulting in the destruction of valuable and life sustaining water, and;

14. Since the continuous pumping of the N-Aquifer by Peabody began, hundreds of springs and seeps

and other water sources and outlets which have ceased to produce water resulting in the

destruction of prayer and offering sites, which Is a violation of the freedom of religion, and;

15. Since the continuous pumping.of the N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and otherwater sources amfbutlets which have ceased to produce

water resulting In the destruction of plants including those medicinal ad edible_which have

historically Ieen sustained. spWuijidwr

16. Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and other water sources and outlets which have ceased to produce

water jeopardized the lives of wildlife, birds and other animals which rely on springs and seeps,

• NOW, THEREFOR BE it RESOLVED:

1. That the People of Black Mesa have inherit and indigenous rights to a safe, clean drinking water supply and this water supplyts protected f?d’m outside Jse and exploitation

2. In order to safeguard the Navajo Nation and prevent further damage to the N-Aquifer, the Pinon Chapter requests that Peabody end it use of the N-Aquifer

—_L__- -

-• 3. Future water use by an outside entity, for profit corporation, industrial use etc., above 500 acre/feet

per year shII he prohibited.
meeting at which quorum was present, at Pinon, Navajo Nation, ARIZONA, and same was passed by a

vote of3d1 In favor, .j2Si. opposed, Qj abstained this 10th day of May, 2O1OBeSsIS. Alien /EveI Q4M.M. Meadows Jw Ramona Nàlwood jb

PRESIDEIfl VICE RESIDENT SECRETARY/TREASURER

Preston McCabe, SR. Lorenzo Bedonle

COUNCIL DELEGATE COUNCIL DELEGATE

Motioned: eI(C

4 .*
4. Lease NO. 14-20-060308580 and 12-20.0603-9910 gives Peabody Western Coal Company the rights to “develop and

utilize water in irs mining operation”.

5. In order to protect the water, Secretary of Interior, on April 14, 1966 approved the leases upon the condition that;

‘Should the Secretary of the Interior determine at any time, that the operation of such wells is endangering the supply of

underground water in the vicinity of is so lowering the water table that other users of such are being damaged, may be the

option, either (1) require Sentry of Peabody, at is own sole expense, to provide water in quantity and of quality equal to thatformerly available from such underground supply to such others users, deepening the latters’ wells or otherwise, or(2) require sentry or Peabody, at its own sole expense, to obtain water for the mining and pipeline operations from anothersource, that will not significantiy affect (sic) the supply of underground water in the vicinity.”

6. Peabody Coal Company’s Black Mesa Mine has used the N-Aquifer since 1971 to slurry coal via the Black Mesa

Pipeline from Black Mesa mine to the Mohave Generating Station in Laughlin, Nevada over 273 miles away.

7. Evidence has shown that Peabody Coal Company’s pumping of 4400 acre/feet per year from the N-Aquifer exceeds

the N-Aquifer natural ability to recharge itself (NRDC 2000),

8. Peabody Coal Company’s Kayenta Mine uses the N-Aquifer primarily for industrial Operation for four (4) decades.

9. In 1984, Navajo Nation Hydrologist, Carol Lowery, reported that “there is a sand problem and in some instances casing

is collapsing” and are early signs that the aquifer is collapsing and requested an investigation.

10. 1989, The Office of Surface Mining established C.H.I.A. (Cumulative Hydrological impact Assessment), a set of specific

criteria used to measure hydrological balance of the Aquifer. The Structural Integrity part has been violated in at least

two (2) wells identified as BMI and BM2.

11. Data gathered by the U. S. Geological Survey shows that at least one of the criteria indicating material damage to the

N-Aquifer, established by the Office of Surface Mining (OSM) in it’s Cumulative Hydrologic Impact Assessment has been

exceeded (NRDC 2000).

12. Data gathered by USGS shows that water levels have decreased by more than 100 feet in some wells and discharge

has

slackened by more than 50 percent in the majority of USGS monitored springs. There are also growing signs that theaquifer is being contaminated in some places by low-quality water from other non-potable aquifers, (Id.).

13. Local residents have documented hundreds of springs, seeps and other water sources and outiets that have ceased to

produce water resulting in the destruction of medicinal and edible plants which have historically been sustained by

springs

since the pumping of N-Aquifer

14. The continuous pumping of N-Aquifer by Peabody, hundreds of springs, seeps and other water sources and outlets

p

FLC-11-02-012

Supporting To Nizhoni Ani position to Protect the N-Aquifer, for the purpose of sustaining the people

of Black Mesa, guaranteeing safe clean water for their health and well being now and for the future

generations.

Whereas;

The N-Aquifer is the sole source of potable water for the residents of Black Mesa and surrounding

communities and;

The lives and the people of Black Mesa and surrounding communities and the future generations

depend on the water, hence are dependent on the sustainability of the N-Aquifer;

Water provides the foundation to the Way of Life including both Spiritual and Philosophical for the Dine

(“the people”) People of Black Mesa. It is evident in the Culture, Language, Traditions, Teachings and

Ceremonies of the People (Dine).

Lease NO. 14-20-060308580 and Lease NO. 12-20-0603-9910 gives Peabody Western Coal Company the

rights to “develop and utilize water for use in its mining operations”, and;

In order to protect the water, Secretary of Interior, on April 14, 1966 approved the leases upon the

condition that;

[Sjhould the Secretary of the Interior determine at any time, that the operation of such wells is

endangering the supply of underground water in the vicinity of is so lowering the water table

that other users of such water are being damaged, h may at his option, either (1) require Sentry

of Peabody, at is own sole expense, to provide water in quantity and of quality equal to that

formerly available from such underground supply to such other users, deepening the latters’wells or otherwise, or (2) require Sentry or Peabody, at its own sole expense, to obtain water for

the mining and pipeline operations from another source, that will not significantly effect (sic)

the supply of underground water in the vicinity”.

Peabody Coal Company’s Black Mesa Mine has used the N-Aquifer for more than three decades (since

1971) in order to slurry coal via the Black Mesa Pipeline from Black Mesa mine to the Mohave

Generating Station in Laughlin, Nevada over 273 miles away, and;

Phone (928) 677-3252/3347 Post Office Box 441, Pinon, Arizona 86510 Fax (928) 677-3320
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aquifer is collapsing and requests an investigation.

In 1989, The Office of Surface Mining (OSM) established C.H.I.A. (Cumulative Hydrological Impact

Assessment), a set of specific criteria used to measure hydrological balance of the Aquifer, one of which

Structural Integrity, has been violated in at least two wells identified as BM1 and BM2, and;

Data gathered by the U.S. Geological Survey (USGS) shows that at least one of the criteria indicating

material damage to the N-Aquifer, established by the Office of Surface Mining (OSM) in its Cumulative

Hydrologic Impact Assessment, as been exceeded (NRDC 2000).

Data gathered by USGS shows that water levels have decreased by more than 100 feet in some wells

and discharge has slackened by more than 50 percent in the majority of USGS monitored springs. Thereare also growing signs that the aquifer is being contaminated in some places by low-quality water from

other non-potable aquifers, (Id.), and;

Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and other water sources and outlets which have ceased to produce water

resulting in the destruction of valuable and life sustaining water, and;

Since the continuous pumping of the N-Aquifer by Peabody began, hundreds of springs and seeps and

other water sources and outlets which have ceased to produce water resulting in the destruction of

prayer and offering sites, which is a violation of the freedom of religion, and;

Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and other water sources and outlets which have ceased to produce waterresulting in the destruction of plants including those medicinal and edible which have historically been

sustained by springs, and;

Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and other water sources and outlets which have ceased to produce water

jeopardized the lives of wildlife, birds and other animals which rely on springs and seeps, and;
and this water supply is protected from outside use and exploitation

That exclusive rights to the N-Aquifer remains with Black Mesa Residents and the Navajo People and

state groundwater laws and “grandfather” clause does not apply to Navajo Waters including the NAquifer

That in order to safeguard the Navajo Nation and prevent further damage to the N-Aquifer, Peabody

Western Coal Company end its’ use of the N-Aquifer.

CERTI FICATION

We hereby certify that the foregoing resolution was duly considered by the Forest Lake Chapter at aduly called meeting in Forest Lake, Navajo Nation (Arizona), at which a quorum was present and that the

same was passed by a vote 22 in favor, 00 opposed, and abstained this l7day of February 2011.

Motion by; Wayne Bitsul

Second by: JerryT. Begay

Donald T. Chee, apter President

Council Delegate
Whereas;The N-Aquifer is the sole source of potable water for the residents ofBlack Mesa and surrounding communities and;

The lives and the people ofBlack Mesa and surrounding communities and the future generations depend on thewater, hence are dependent on the sustainability ofthe N-Aquifer;

Water provides the foundation to the Way of Life including both Spiritual and Philosophical for the Dine (“the

people”) People ofBlack Mesa. It is evident in the Culture, Language, Traditions, Teachings and Ceremonies ofthe

People (Dine).

Lease NO. 14-20-060308580 and Lease NO. 12-20-0603-99 10 gives Peabody Western Coal Company the rights to

“develop and utilize water for use in its mining operations”, and;In order to protect the water, Secretary of Interior, on April 14, 1966 approved the leases upon the condition that;

fS]hould the Secretary ofthe Interior determine at any time, that the operation of such wells is endangering

the supply of underground water in the vicinity of is so lowering the water table that other users ofsuch

water are being damaged, h may at his option, either (1) require Sentry of Peabody, at is own sole expense,to provide water in quantity and of quality equal to that formerly available from such underground supplyto such other users, deepening the latters’ wells or otherwise, or (2) require Sentry or Peabody, at its own

sole expense, to obtain water for the mining and pipeline operations from another source, that will notsignificantly effect (sic) the supply of underground water in the vicinity”.

Peabody Coal Company’s Black Mesa Mine has used the N-Aquifer for more than three decades (since 1971) inorder to slurry coal via the Black Mesa Pipeline from Black Mesa mine to the Mohave Generating Station in

Laughlin, Nevada over 273 miles away, and;

Evidence has shown that Peabody Coal Company’s pumping of 4400 acre/feet per year from the N-Aquifer exceeds

the N-Aquifers natural ability to recharge itself (NRDC 2000), and;

Peabody Coal Company’s Kayenta Mine Operations continue to use the N-Aquifer for primary industrial purposes,

now in operation 4 decades, and;In 1984, Navajo Nation Hydrologist, Carol Lowery, reported that “there is a sand problem and in some instancescasing is collapsing”. Lowery, says in the same report, that that these are early signs that the aquifer is collapsing

and requests an investigation.In 1989, The Office of Surface Mining (OSM) established C.H.I.A. (Cumulative Hydrological Impact Assessment),

a set ofspecific criteria used to measure hydrological balance of the Aquifer, one of which Structural Integrity, has

been violated in at least two wells identified as BMI and BM2, and;

RESO. NO. I[R-04/11-11 Page
Since the continuous pumping ofthe N-Aquifer by Peabody began, local residents have documented hundreds of

springs and seeps and other water sources and outlets which have ceased to produce water resulting in thedestruction of valuable and life sustaining water, and;

Since the continuous pumping ofthe N-Aquifer by Peabody began, hundreds ofsprings and seeps and other water

sources and outlets which have ceased to produce water resulting in the destruction of prayer and offering sites,

which is a violation ofthe freedom of religion, and;Since the continuous pumping ofthe N-Aquifer by Peabody began, Local residents have documented hundreds of

springs and seeps and other water sources and outlets which have ceased to produce water resulting in thedestruction of plants including those medicinal and edible which have historically been sustained by springs, and;Since the continuous pumping ofthe N-Aquifer by Peabody began, local residents have documented hundreds of

springs and seeps and other water sources and outlets which have ceased to produce water jeopardized the lives of

wildlife, birds and other animals which rely on springs and seeps, and;Now Therefore be it resolved;

1. That the People ofBlack Mesa have inherit and indigenous rights to a safe, clean drinking water supply and

this water supply is protected from outside use and exploitation

2. That exclusive rights to the N-Aquifer remains with Black Mesa Residents and the Navajo People and state

groundwater laws and “grandfather” clause does not apply to Navajo Waters including the N-Aquifer

3. That in order to safeguard the Navajo Nation and prevent further damage to the N-Aquifer, Peabody

Western Coal Company end its’ use ofthe N-Aquifer.

CE RTFICATIO N

We hereby certify that the foregoing resolution was duly considered by the I-Iardrock Chapter at a duly calledmeeting in Hardrock, Navajo Nation, Arizona which quorum was present that same was passed by vote of in

favor 0 opposed and .1 abstained on this 26th1 day ofpril, 2011.

Valencia Herder, Secretary/Treasure

Dwight With rspoon, Council Delegate

RESO. NO. ITR-04/11-11 Page 2
O 

O

C

N

AOUIFER FOR THE

PURPOSE OF SUSTAINING TEE PEOPLE OF BLACK MESA. GUARANTEEING SAFE

CLEAN WATER FOR THEIR HEALTH AND WELL BEING NOW AND FOR THE

FUTURE GENERATIONS.

WHEREAS:

1. Pursuant to 26 N.N.C., Section Chapter Certification and 11. N.N.C., Part 1,

Section 10, the Tonalea Chapter is a duly recognized and certified Chapter of

the Navajo Nation Government; and

2. Pursuant to 26 N.N.C., Chapter 1: Navajo Nation Chapters, Section 1., (B)

Purpose: (1) & (2), the Navajo Nation Council delegated to Chaptergovernmental authority with respect to local matters consistent with NavajoLaw, including custom and tradition and allows chapter to make decision togovern with responsibility to community membership; and

3. The N-Aquifer is the sole source of potable water for the residents of Black Mesa

and surrounding communities; and

4. The lives of the people of Black Mesa, surrounding communities and the future

generations depend on the water, hence are dependent on the sustainabiity of

the N-Aquifer; and

5. Water is the foundation of the Way of Life, both Spiritual and Philosophical for

the Dine (“the people”) People of Black Mesa. It is evident in the Culture,Language, Traditions, Teachings and Ceremonies of the People (Dine); and

6. Lease NO. 14-20-060308580 and Lease NO. 12-20-0603-99 10 gives Peabody

Western Coal Company the rights to “develop and utilize water for use in its

mining operations”; and

7. In order to protect the water, Secretary of Interior, on April 14, 1966 approved

the leases upon the condition that; and

a. Should the Secretary of the Interior determine at any time, that the

operation of such wells is endangering the supply of underground water

in the vicinity of is so lowering the water table that other users of such

water are being damaged, h may at his option, either (1) require Sentry of

Peabody , at its own sole expense, to provide water in quantity and of

quality equal to that formerly available from such underground supply to
Nevada over 273 miles away; and

9. Evidence has shown that Peabody Coal Company’s pumping of 4400 acre/feet

per year from the N-Aquifer exceeds the N-Aquifers natural ability to rechargeitself (NRDC 2000); and

10. Peabody Coal Company’s Kayenta Mine Operations continue to use the, NAquifer for primary industrial purposes, now in operation 4 decades; and11. In 1984, Navajo Nation Hydrologist, Carol Lowery, reported that “there is a sand

problem and in some instances casing is collapsing”. Lowery, says in the same

report, that these are early signs that the aquifer is collapsing and requests aninvestigation; and

12. In 1989, the Office of Surface Mining (OSM) established C.H.I.A. (Cumulative

Hydrological Impact Assessment), a set of specific criteria used to measurehydrological balance of the Aquifer, one of which Structural Integrity, has been

violated in at least two wells identified as BM 1 and BM2; and

13. Data gathered by the U.S. Geological Survey (USGS) shows that at least one of

the criteria indicating material damage to the N-Aquifer, established by the

Office of Surface Mining (0SM) in its Cumulative Hydrologic Impact

Assessment, as been exceeded (NRDC 2000); and

14. Data gathered by USGS shows that water levels have decreased by more than

100 feet in some wells and discharge has slackened by more than 50 percent in

the majority of USGS monitored springs. There are growing signs that theaquifer is being contaminated in some places by low-quality water from other

non-potable aquifers, (Id.); and

15. The continuous pumping of the N-Aquifer by Peabody began, local residents

have documented hundreds of springs, seeps, other water sources and outlets

which have ceased to produce water resulting in the destruction of valuable and

life sustaining water, and;

16. The continuous pumping of the N-Aquifer by Peabody began, hundreds of

springs, seeps, other water sources and outlets which have ceased to produce

water resulting in the destruction of prayer and offering sites, which is a

violation of the freedom of religion; and
have documented hundreds of springs, seeps, other water sources and outlets

which have ceased to produce water jeopardized the lives of wildlife, birds and

other animals which rely on springs and seeps; and

NOW THEREFORE BE IT RESOLVED;

1. Tonalea Chapter recognizes and supports the People of Black Mesa have

inherited and indigenous rights to a safe, clean drinking water supply.

2. Tonalea Chapter supports that the water supply is protected from outside use

and exploitation.

3. Tonalea Chapter recognizes and supports that exclusive right to the N-Aquifer

remains with Black Mesa Residents and the Navajo People. The State

groundwater laws and “grandfather” clause does not apply to Navajo Waters

including the N-Aquifer.

4. Tonalea Chapter supports that in order to safeguard the Navajo Nation and

prevent further damage to the N-Aquifer, Peabody Western Coal Company end

its’ use of the N-Aquifer.

CERTIFICATION

WE HEREBY CERTIFY THAT THE FOREGONG RESOLUTION WAS CONSIDERED BY

THE COMMUNITY OF TONALEA AT A DULY CALLED CHAPTER MEETING IN

TONALEA, (NAVAJO NATION) ARIZONA, AT WHICH A QUORUM WAS PRESENT ANDTHAT THE SAME WAS PASSED BY A VOTE OF 31 IN FAVOR, 01 OPPOSED, AND

00 ABSTAINED ON THIS 20th DAY OF MARCH 2011.

Motion By: John Trujillo Seconded: Joe Ellis

Chester Claw, President
Supporting To Nizhoni Ani position to Protect the N-Aquifer, for the purpose of sustaining the people of Black Mesa, guaranteeing safe clean water for their health and well being now and for the future

generations.

Whereas;

1. The N-Aquifer is.the sole source ofpotable water for the residents ofBlack Mesa and surrounding communities and;

2. The lives and the people ofBlack Mesa and surrounding communities and the future generations depend on the water, hence are dependent on the sustainability ofthe N-Aquifer;

3. Water provides the foundation to the Way ofLife including both Spiritual and Philosophical for the Dine (“the people”) People ofBlack Mesa. It is evident in the Culture, Language, Traditions,

Teachings and Ceremonies ofthe People (Dine).

4. Lease NO. 14-20-060308580 and Lease NO. 12-20-0603-9910 gives Peabody Western Coal Company the rights to “develop and utilize water for use in its mining operations”, and;

5. In order to protect the water, Secretary of Interior, on April 14, 1966 approved the leases upon the condition that;

a. [S}hould the Secretary ofthe Interior determine at any time, that the operation ofsuch wells is

endangering the supply ofunderground water in the vicinity ofis so lowering the water table that other users ofsuch water are being damaged, h may at his option, either (1) require Sentry ofPeabody , at is own sole expense, to provide water in quantity and of quality equal to that formerly available from such underground supply to such other users, deepening the latters’ wells or otherwise, or (2) require Sentry or Peabody, at its own sole expense, to obtain water for the mining and pipeline operations from another source, that will not significantly effect (sic) the supply of underground water in the vicinity”.

6. Peabody Coal Company’s Black Mesa Mine has used the N-Aquifer for more than three decades

(since 1971) in order to slurry coal via the Black Mesa Pipeline from Black Mesa mine to the Mohave

Generating Station in Laughlin, Nevada over 273 miles away, and;

7. Evidence has shown that Peabody Coal Company’s pumping of 4400 acre/feet per year from the N- Aquifer exceeds the N-Aquifers natural ability to recharge itself (NRDC 2000), and;

8. Peabody Coal Company’s Kayenta Mine Operations continue to use the N-Aquifer for primary

industrial purposes, now in operation 4 decades, and;

aron P. Yazzie, President Joe i. Jim, Vice President Betty V. Askie, Sec.frreasurer Benjamin Manycows, Grazing Representative
9. In 1984, Navajo Nation Hydrologist, Carol Lowery, reported that “there is a sand problem and in some

instances casing is collapsing”. Lowery, says in the same report, that that these are early signs that the

aquifer is collapsing and requests an investigation.

10. In 1989, The Office of Surface Mining (OSM) established C.H.LA. (Cumulative Hydrological Impact

Assessment), a set ofspecific criteria used to measure hydrological balance ofthe Aquifer, one ofwhich Structural Integrity, has been violated in at least two wells identified as BMI and BM2, and;

11. Data gathered by the U.S. Geological Survey (USGS) shows that at least one ofthe criteria indicating

material damage to the N-Aquifer, established by the Office of Surface Mining (OSM) in its

Cumulative Hydrologic Impact Assessment, as been exceeded (NRDC 2000).

12. Data gathered by USGS shows that water levels have decreased by more than 100 feet in some wells

and discharge has slackened by more than 50 percent in the majority of USGS monitored springs.

There are also growing signs that the aquifer is being contaminated in some places by low-qualitywater from other non-potable aquifers, (Id.), and;

13. Since the continuous pumping ofthe N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and other water sources and outlets which have ceased to produce water

resulting in the destruction of valuable and life sustaining water, and;

14. Since the continuous pumping ofthe N-Aquifer by Peabody began, hundreds of springs and seeps and

other water sources and outlets which have ceased to produce water resulting in the destruction of

prayer and offering sites, which is a violation ofthe freedom ofreligion, and;

15. Since the continuous pumping ofthe N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and other water sources and outlets which have ceased to produce water

resulting in the destruction of plants including those medicinal and edible which have historically beensustained by springs, and;

16. Since the continuous pumping ofthe N-Aquifer by Peabody began, local residents have documented

hundreds ofsprings and seeps and other water sources and outlets which have ceased to produce water

jeopardized the lives of wildlife, birds and other animals which rely on springs and seeps, and;

Now Therefore be it resolved;

That the People ofBlack Mesa have inherit and indigenous rights to a safe, clean drinking water supply andthis water supply is protected from outside use and exploitation.

aron P. Yazzie, President Joe J. Jim, Vice President Betty V. Askie, Sec.frreasurer Benjamin Manycows, Grazing Representative
groundwater laws and 

grandfather

clause does not apply to Navajo Waters including the N-Aquifer

That in order to safeguard the Navajo Nation and prevent further damage to the N-Aquifer, Peabody Western Coal Company end its’ use ofthe N-Aquifer.

CERTiFICATION

We, hereby certify that the foregoing resolution was duly considered by Blue GapiTachee Chapter at a duly called meeting at Blue Gap, Navajo Nation, Arizona at which a quorum was present and that same was passed by a vote of favor, 0 oppose, 5abstain this day ofApril, 2011.

Motion by: IklM4, A/i 2- Seconded By: /)a41’s’

Joe J. Jim, Chapter Vice-President

Betty V. Akie, Secretary/Treasurer Benjamin Manycows, Grazing Rep.

ohnn aize Council elegate

aron P. Yazzie, President Joe J. Jim, Vice President Betty V. Askie, Sec./rreasurer Benjamin Manycows, Grazing Representative
q

p

surrounding communities; And

2. The lives and the people of Black Mesa and surrounding communities and the fi.iture

generations depend on the water, hence are dependent on the sustainability of the N-Aquifer;

And

3. Water provides the foundation to the Way of Life including both Spiritual and Philosophical

for the Dine (“the people”) People of Black Mesa. It is evident in the Culture, Language,

Traditions, Teachings and Ceremonies ofthe People (Dine); And

4. Lease NO. 14-20-060308580 and Lease NO. 12-20-0603-9910 gives Peabody Western Coal

Company the rights to “develop and utilize water for use in its mining operations”; And

5. In order to protect the water, Secretary of Interior, on April 14, 1966 approved the leases

upon the condition that;

a. {S]hould the Secretary of the Interior determine at any time, that the operation of such

wells is endangering the supply of underground water in the vicinity of is so lowering thewater table that other users of such water are being damaged, h may at his option, either

(1) require Sentry of Peabody, at is own sole expense, to provide water in quantity and of

quality equal to that formerly available from such underground supply to such other

users, deepening the latters’ wells or otherwise, or (2) require Sentry or Peabody, at its

own sole expense, to obtain water for the mining and pipeline operations from anothersource, that will not significantly effect (sic) the supply of underground water in the

vicinity”.

6. Peabody Coal Company’s Black Mesa Mine has used the N-Aquifer for more than three

decades (since 1971) in order to slurry coal via the Black Mesa Pipeline from Black Mesa

mine to the Mohave Generating Station in Laughlin, Nevada over 273 miles away; And

7. Evidence has shown that Peabody Coal Company’s pumping of 4400 acre/feet per year from

the N-Aquifer exceeds the N-Aquifers natural ability to recharge itself (NRDC 2000); And

8. Peabody Coal Company’s Kayenta Mine Operations continue to use the N-Aquifer for

primary industrial purposes, now in operation 4 decades; And

9. In 1984, Navajo Nation Hydrologist, Carol Lowery, reported that “there is a sand problem

and in some instances casing is collapsing”. Lowery, says in the same report, that that these

are early signs that the aquifer is collapsing and requests an investigation; And
y

g

p

), 

p

y

g

balance of the Aquifer, one of which Structural Integrity, has been violated in at least two

wells identified as BMI and BM2; And

11. Data gathered by the U.S. Geological Survey (USGS) shows that at least one of the criteria

indicating material damage to the N-Aquifer, established by the Office of Surface Mining(OSM) in its Cumulative Hydrologic Impact Assessment, as been exceeded (NRDC 2000);

And

12. Data gathered by USGS shows that water levels have decreased by more than 100 feet in

some wells and discharge has slackened by more than 50 percent in the majority of USGS

monitored springs. There are also growing signs that the aquifer is being contaminated insome places by lowqua1ity water from other non-potable aquifers, (Id.); And

13. Since the continuous pumping of the N-Aquifer by Peabody began, local residents have

documented hundreds of springs and seeps and other water sources and outlets which have

ceased to produce water resulting in the destruction of valuable and life sustaining water;

And

14. Since the continuous pumping of the N-Aquifer by Peabody began, hundreds of springs and

seeps and other water sources and outlets which have ceased to produce water resulting in thedestruction of prayer and offering sites, which is a violation ofthe freedom of religion; And

15. Since the continuous pumping of the N-Aquifer by Peabody began, local residents have

documented hundreds of springs and seeps and other water sources and outlets which have

ceased to produce water resulting in the destruction of plants including those medicinal andedible which have historically been sustained by springs; And

16. Since the continuous pumping of the N-Aquifer by Peabody began, local residents have

documented hundreds of springs and seeps and other water sources and outlets which have

ceased to produce water jeopardized the lives of wildlife, birds and other animals which rely

on springs and seeps.

NOW THEREFORE IT BE RESOLVED THAT:

1. That the People ofBlack Mesa have inherit and indigenous rights to a safe, clean drinking

water supply and this water supply is protected from outside use and exploitation; And

2. That exclusive rights to the N-Aquifer remains with Black Mesa Residents and the Navajo

People and state groundwater laws and “grandfather” clause does not apply to Navajo Waters

including the N-Aquifer; And
3. That in order to safeguard the Navajo Nation and prevent further damage to the N-Aquifer,

Peabody Western Coal Company end its’ use ofthe N-Aquifer.

CERTIFICATION

I hereby certif’ the foregoing resolution was duly considered by the Chinle Agency Council

membership at which a quorum was present and same was passed by a vote of in favor, 00

opposed and 00 abstained, this 8hu1 day of January, 2011 at the Many Farms Chapter House,

Navajo Nation, ARIZONA.

MOTION BY: Bessie Allen

SECOND BY: Charlotte Begaye

Harrison Kee, President

Chinle Agency Council
CO-03-042-1 1

RESOLUTION OF THE COPPERMINE CHAPTER

Resolution Of the Coppermine Chapter Western Navajo Agency supporting To Nizhoni Ani position to

Protect the N-Aquifer, for the purpose of sustaining the people of Black Mesa, guaranteeing safe clean

water for their health and well being now and for the future generations.

Whereas;

The N-Aquifer is the sole source of potable water for the residents of Black Mesa and surrounding communities

and;

The lives and the people of Black Mesa and surrounding communities and the future generations depend on the

water, hence are dependent on the sustainability of the N-Aquifer;

Water provides the foundation to the Way of Life including both Spiritual and Philosophical for the Dine (“the

people”) People ofBlack Mesa. It is evident in the Culture, Language, Traditions, Teachings and Ceremonies

of the People (Dine).

Lease NO. 14-20-060308580 and Lease NO. 12-20-0603-9910 gives Peabody Western Coal Company the

rights to “develop and utilize water for use in its mining operations”, and;

In order to protect the water, Secretary of Interior, on April 14, 1966 approved the leases upon the condition

that;

[Sjhould the Secretary of the Interior determine at any time, that the operation of such wells is

endangering the supply of underground water in the vicinity of is so lowering the water table that other

users of such water are being damaged, h may at his option, either (1) require Sentry of Peabody , at is

own sole expense, to provide water in quantity and of quality equal to that formerly available from such

underground supply to such other users, deepening the latters’ wells or otherwise, or (2) require Sentry

or Peabody, at its own sole expense, to obtain water for the mining and pipeline operations from another

source, that will not significantly effect (sic) the supply of underground water in the vicinity”.

Peabody Coal Company’s Black Mesa Mine has used the N-Aquifer for more than three decades (since 1971) in

order to slurry coal via the Black Mesa Pipeline from Black Mesa mine to the Mohave Generating Station in

Laughlin, Nevada over 273 miles away, and;

Evidence has shown that Peabody Coal Company’s pumping of 4400 acre/feet per year from the N-Aquifer

exceeds the N-Aquifers natural ability to recharge itself (NRDC 2000), and;

Peabody Coal Company’s Kayenta Mine Operations continue to use the N-Aquifer for primary industrial

purposes, now in operation 4 decades, and;
damage to the N-Aquifer, established by the Office of Surface Mining (OSM) in its Cumulative Hydrologic Impact Assessment, as been exceeded (NRDC 2000).

Data gathered by USGS shows that water levels have decreased by more than 100 feet in some wells and

discharge has slackened by more than 50 percent in the majority of USGS monitored springs. There are also growing signs that the aquifer is being contaminated in some places by low-quality water from other non- potable aquifers, (Id.), and;

Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented hundreds

of springs and seeps and other water sources and outlets which have ceased to produce water resulting in the destruction of valuable and life sustaining water, and;

Since the continuous pumping of the N-Aquifer by Peabody began, hundreds of springs and seeps and other

water sources and outlets which have ceased to produce water resulting in the destruction of prayer and offering sites, which is a violation of the freedom of religion, and;

Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented hundreds of springs and seeps and other water sources and outlets which have ceased to produce water resulting in the destruction of plants including those medicinal and edible which have historically been sustained by springs, and;

Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented hundreds of springs and seeps and other water sources and outlets which have ceased to produce water jeopardized the lives of wildlife, birds and other animals which rely on springs and seeps, and;

Now Therefore be it resolved;

That the People of Black Mesa have inherit and indigenous rights to a safe, clean drinking water supply and this water supply is protected from outside use and exploitation

That exclusive rights to the N-Aquifer remains with Black Mesa Residents and the Navajo People and state groundwater laws and “grandfather” clause does not apply to Navajo Waters including the N-Aquifer

That in order to safeguard the Navajo Nation and prevent further damage to the N-Aquifer, Peabody Western Coal Company end its’ use of the N-Aquifer.
p

y a 

ofj in favor 9Q opposed and abstained, this 2..4th day of March 2011.

Motion By: Allen Fowler, Jr.

Second By: Alfred Long

Floyd S vens, Chapter President Valerie Fowler, Secretary/Treasurer

(&L’ /LL

Lola mith, ChapterVice-President Ca ‘in G. Begay, G g Commillee
PURPOSE OF SUSTAINING THE PEOPLE OF BLACK MESA, GUARANTEEING SAFE

CLEAN WATER FOR THEIR HEALTH AND WELL BEING NOW AND FOR THE FUTURE

GENERATIONS.

WHEREAS:

1. The Nahata Dziil Commission Governance is certified by the Navajo Nation Council Resolution

CAP-36-91 as a local governmental entity of the Navajo Nation government which has the responsibility and authority to promote, protect and preserve the interest and general welfare including the safety of its community, people, programs, property, etc.; and

2. Transportation and Community Development Committee of the Navajo Nation by Resolution TCDCAU-66-02, approved governance certification of the Nahata Dziil Commission Governance

Five Management Policies and Procedures pursuant to 26 N.N.C Section 102 (B), which permit’s the Nahata Dziil Commission Governance t exercise local governance authorities contained

within 26 N.N.C. Section 103 (D)(1); and

3. The Nahata Dziil Commission Governance is further certified by the Navajo Nation in accordance with its Community Based Land Use Plan, pursuant to Resolution of the Transportation and Comnaunity Development Committee of the Navajo Nation Council, to administer its community lands with the New Lands Chapter boundaries and to decide on the best options for its land uses; and

4. on January 20, 2008, the Nahata Dziil Chapter converted its Governmental entity into the Nahata Dziil Commission Governance; and

5. The N-Aquifer is the sole source of potable water for the residents ofBlack Mesa and surrounding communities; and

6. The lives and the people of Black Mountain and surrounding communities and the future

generations depend on the water, hence are dependent on the sustainability ofthe N-Aquifer; and

7. Water provides the foundation to the way of life including Spiritual and Philosophical for the Dine (the people) People of Black Mesa. It is evident in the Culture, Language, Traditions, Teachings and Ceremonies of the People (Dine).

8. Lease NO. 14-20-060308580 and Lease NO. 12-20-603-9910 gives Peabody Western Coal Company the rights to “develop and utilize water for use in its mining operations”; and

9. In order to protect the water, Secretary of Interior, on April 14, 1966 approved the leases upon the condition that;

A. Should the Secretary of the Interior determine at any time, that the operation of such wells is endangering the supply of underground water in the vicinity of is so lowering the water table that other users of such water are being damaged that may at his option, either (I) require Sentry of Peabody, at is own sole expense, to provide water in quantity and of quality equal to that formerly available from such underground supply to such other users, deepening the

l 0. Box 40U • Sanders, .\Z 8G5i2 • (928) 688-2150 FAX: (928) U88”2235
Resolution Of the Black Mesa Chapter supporting To Nizhoni Ani position to Protect the N-Aquifer, for

the purpose of sustaining the people of Black Mesa, guaranteeing safe clean water for their health

and well being now and for the future generations.

Whereas;

The N-Aquifer is the sole source of potable water for the residents of Black Mesa and surrounding

communities and;

The lives and the people of Black Mesa and surrounding communities and the future generations

depend on the water, hence are dependent on the sustainability of the N-Aquifer;

Water provides the foundation to the Way of Life Including both Spiritual and Philosophical for the Dine

(“the people”) People of Black Mesa. It is evident In the Culture, Language, Traditions, Teachings and

Ceremonies of the People (Dine).Lease NO. 14-20-060308580 and Lease NO. 12-20-0603-9910 gives Peabody Western Coal Company the

rights to “develop and utilize water for use in its mining operations”, and;

In order to protect the water, Secretary of Interior, on April 14, 1966 approved the leases upon the

condition that;

[S]hould the Secretary of the Interior determine at any time, that the operation of such wells is

endangering the supply of underground water In the vicinity of is so lowering the water table

that other users of such water are being damaged, h may at his option, either (1) require Sentry

of Peabody, at is own sole expense, to provide water in quantity and of quality equal to that

formerly available from such underground supply to such other users, deepening the latters’

wells or otherwise, or (2) requIre Sentry or Peabody, at its own sole expense, to obtain water for

the mining and pipeline operations from another source, that will not significantly effect (sic)

the supply of underground water In the vicinity”.

Peabody Coal Company’s Black Mesa Mine has used the N-Aquifer for more than three decades (since

1971) in order to slurry coal via the Black Mesa Pipeline from Black Mesa mine to the Mohave

Generating Station in Laughlin, Nevada over 273 miles away, and;

Marvin Yellowhair Caroline Bemore Marlene Biltah Marty Benallie, Sr. Dwight Witherspoon Chapter President Chapter Vice-President Chapter Secretary/Treasurer GrazinR Committee Member Council Delegate
g 

aquifer is collapsing and requests an investigation.In 1989, The Office of Surface Mining (OSM) established C.H.I.A. (Cumulative Hydrological Impact

Assessment), a set of specific criteria used to measure hydrological balance of the Aquifer, one of which

Structural Integrity, has been violated in at least two wells identified as BM1 and BM2, and;

Data gathered by the U.S. Geological Survey (USGS) shows that at least one of the criteria indicating

material damage to the N-Aquifer, established by the Office of Surface Mining (OSM) in its Cumulative

Hydrologic Impact Assessment, as been exceeded (NRDC 2000).

Data gathered by USGS shows that water levels have decreased by more than 100 feet in some wells

and discharge has slackened by more than 50 percent in the majority of USGS monitored springs. Thereare also growing signs that the aquifer is being contaminated in some places by low-quality water from

other non-potable aquifers, (Id.), and;

Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and other water sources and outlets which have ceased to produce water

resulting in the destruction of valuable and life sustaining water, and;

Since the continuous pumping of the N-Aquifer by Peabody began, hundreds of springs and seeps and

other water sources and outlets which have ceased to produce water resulting in the destruction of

prayer and offering sites, which is a violation of the freedom of religion, and;

Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and other water sources and outlets which have ceased to produce waterresulting in the destruction of plants including those medicinal and edible which have historically been

sustained by springs, and;

Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and other water sources and outlets which have ceased to produce water

jeopardized the lives of wildlife, birds and other animals which rely on springs and seeps, and;

Now Therefore be it resolved;

That the People of Black Mesa have inherit and indigenous rights to a safe, clean drinking water supply

and this water supply is protected from outside use and exploitation

Motioned by: E(

Second by: PY1CA I Ig ‘)&UA 4rl1ci r 

4.

Marvjii Yellowha, President Caroline Bemore, Vice President

l1ar1ene Biltah, Secretary/Treasurer Dwight With spoon, Council Delegate
Q

OF SUSTAINING TIlE PEOPLE OF BLACK MESA. GUARANTEEING SAFE CLEAN WATER

FOR THEIR HEALTH AND WELL BEING NOW AN]) FOR THE FUTURE GENERATIONS

WHEREAS:

Pursuant to 27 NTC, the Leupp Chapter is duly recognized as a local government entity ofthe Navajo

Nation, vested with certain authorities and responsibilities to act on behalf of the Navajo Citizens in

the local community; and

2. The N-Aquifer is the sole source of potable water for the residents of Black Mesa and surrounding

communities; and

3. The lives and the people of Black Mesa and surrounding communities and the future generations

depend on the water, hence are dependent on the sustainability ofthe N-Aquifer;

4. Water provides the foundation to the Way of Life including both Spiritual and Philosophical for the

Dine (“The People”) People of Black Mesa. It is evident in the Culture, Language, Traditions,

Teachings and Ceremonies ofthe People (Dine).

5. Lease NO. 14-20-060308580 and Lease NO. 12-20-0603-9910 gives Peabody Western Coal Company

the rights to “develop and utilize water for use in its mining operations,” and

6. in order to protect the water, Secretary of Interior, on April 14, 1966 approved the leases upon

condition that;

“[S]hould the Secretary ofthe Interior determine at any time, that the operation

of such wells is endangering the supply of underground water are being

damaged, he may at his option, either (1) require Sentry of Peabody, at his

own sole expense, to provide water in quantity and of quality equal to thatformerly available from such underground supply to such other users, deepening

the latters’ wells or otherwise, or (2) require Sentry or Peabody, at its own sole

cxpcnsc, to obtain water for the mining and pipeline operations from another

source, that will not significantly effect (sic) the supply of underground water in

the vicinity.”

‘n I

\iI: T III .‘P,

I,I.I;II.

i TIjL, Iii’J4I fl1wi;tI
Generating Station in Laughlin, Nevada over 273 miles away; and

8. Evidence has shown that Peabody Coal Company’s pumping of 4400 acre/feet per year from the N- Aquifer exceeds the N-Aquifers natural ability to recharge itself (NRDC 2000); and

9. Peabody Coal Company’s Kayenta Mind Operations continue to use then-Aquifer for primary industrial purposes, now in operation 4 decades; and

10. In 1984, Navajo Nation Hydrologist, Carol Lowery, reported that “there is a sand problem and in some instances casing its collapsing.” Lowery, says in the same report, that these are early signs that the aquifer is collapsing and requests an investigation; and

11. In 1989, The Office of Surface Mining (OSM) established C.H.I.A. (Cumulative Hydrological Impact Assessment), a set of specific criteria used to measure hydrological balance of the Aquifer, one of which Structural Integrity, has been violated in at least two wells identified as BMI and BM2; and

12. Data gathered by the U.S. Geological Survey (USGS) shows that at least one of the criteria indicating material damage to the N-Aquifer, established by the Office of Surface Mining (OSM) in its

Cumulative Hydrologic Impact Assessment, as been exceeded (NRDC 200); and

13. Data gathered by USGS shows that water levels have decreased by more than 100 feet in some wells

and discharge has slackened by more than 50 percent in the majority of USGS monitored springs. There are also growing signs that the aquifer is being contaminated in some places by low-quality

water from other non-potable aquifers, (Id.) and;

14. Since the continuous pumping of the N-Aquifer by Peabody begun, local residents have documented

hundreds ofsprings and seeps and other water sources and outlets which have ceased to produce water resulting in the destruction of valuable and life sustaining water; and

15. Since the continuous pumping of the N-Aquifer by Peabody began, hundreds of springs and seeps and other water sources and outlets which have ceased to produce water resulting in the destruction of

prayer and offering sites, which is a violation ofthe freedom ofreligion; and

16. Since the continuous pumping of the N-Aquifer by Peabody began, local residents have documented

hundreds of springs and seeps and other water sources and outlets which have ceased to produce water jeopardized the lives of wildlife, birds and other animals which rely on springs and seeps; and

r , c

1 3 !‘ t i3.s,

,iI’ ‘3ri ‘w.tn I h!r. (.‘iiII iHI III
jeopardized the lives of wildlife, birds and other animals which rely on springs and seeps.

NOW THEREFORE IT BE RESOLVED THAT:

That the People of Black Mesa have inherit and indigenous rights to a safe, clean drinking water supply and this water supply is protected from outside use and exploitation

That exclusive rights to the N-Aquifer remains with Black Mesa Residents and the Navajo People and

state groundwater laws and “grandfather” clause does not apply to Navajo Waters including the N- Aquifer

That in order to safeguard the Navajo Nation and prevent further damage to the N-Aquifer, Peabody Western Coal Company end its’ use ofthe N-Aquifer.

CERTIFICATiON

We hereby certify that the following was duly considered by the Leupp Chapter at a duly called meeting at Leupp, Navajo Nation (Arizona) at which a quorum was present and that same was passed by a vote of

3f in favor, opposed, 3 abstentions, on this 22’ day of April, 2011

Motion:______________________________

Thcesnt

Rq’sita Ann Kell , Secreta’€9 / Treasurer

.1(IrI-..-4’. ii

i:l J-.,Iri \-li -(

4 4 iC1FI

Second:

Vice President

Ws,ccilDelegate
NAVAJO MOUNTAIN CHAPTER

THE NAVAJO NATION

NMO3/092-20 11

SUPPORTING THE POSITION OF TO NIZHON, INC IN PROTECTING THE

NAVAJO AQUIFER IN SUSTAINING THE PEOPLE OF BLACK MESA WITH

CLEAN AND SAFE POTABLE WATER FOR THEIR HEALTH AND WELL-BEING

FOR THE PRESENT AND FUTURE GENERATIONS.

WHEREAS:

1. Pursuant to 26 N.N.C., Section 3 (A), Navajo Mountain Chapter is a duly recognized certified

Chapter of the Navajo Nation Government, as listed at 11 N.N.C., part 1, section 10; and

2. Pursuant to 26 N.N.C., Section 1 (B), Navajo Mountain Chapter is vested with the authority to

review all niatters affecting the community, make appropriate corrections when necessary, and

provide recommendations to the Navajo Nation and other local agencies for appropriate action; and

3. Water provides the foundation for Navajo Lifeway including the spiritual and daily lives of the

people as evidence in their culture, language, traditions, teachings and ceremonies; and

4. The Navajo Aquifer is the sole source of safe and dependable drinking water for the residents of

Black Mesa and surrounding communities; and

5. To Nizhónf, Inc has long been involved in the struggle to protect their water rights and have

developed their position through acquiring documents and justifications to support their position as

evidence in “Exhibit A”; and

6. In order to safeguard the Navajo Nation water rights and source for future use, the community of

Navajo Mountain is concerned about the overuse of safe, clean drinking water for mining operations

by Peabody Western Coal Company.

NOW, THEREFORE BE IT RESOLVED THAT:

I. The Navajo Mountain Chapter hereby supports the position of To NizhónI, mc, the pcople of Black

Mesa and surrounding communities in their inherent, indigenous rights to a safe, sustainable andquality source of drinking water from the Navajo Aquifer.

2. The Navajo Mountain Chapter community believes due diligence must be exercised in not

diminishing the water supply through overuse of potable water for industrial purpose by PeabodyWestern Coal.

Resolution Number: NMO3/092-2011 Page 1 of2
Alex Bitsinnie, President Jean Dejolie, Vice President

Ella Jean B doni, Seóreaiy/Treasurer

Resolution Number: NMO3/092-201] Page 2 of2
RESOLUTION NO. BA-03- OL -ii

RESOLUTION OF TUE BODAWAY/GAP CHAPTER iN SUPPORT OF TO NIZHONI

ANI POSITION TO PROTECT THE N-AQUIFER. FOR THE PURPOSE OF

SUSTAINING TUE PEOPLE OF BLACK MESA, GUARANTEEING SAFE CLEAN

WATER FOR THEIR HEALTH AN]) WELL BEING NOW AND FOR TUE FUTURE

GENERATIONS.

WHEREAS:

1. The N-Aquifer is the sole source of potable water for the residents ofBlack Mesa and

surrounding communities and;

2. The lives and the people of Black Mesa and surrounding communities and the future

generations depend on the water, hence are dependent on the sustainability of the N- Aquifer and;

3. Water proves the foundation to the Way of Life including both Spiritual and Philosophical for the Dine (“the people”) People of Black Mesa. It is evident in the

Culture, Language, Traditions, Teachings and Ceremonies ofthe People (Dine),

4. Lease No. 14-20-060308580 and Lease No. 12-20-0603-9910 gives Peabody Western Coal Company the rights to “develop and utilize water for use in its mining operations”, and;

5. In order to protect the water, Secretary of Interior, on April 14, 1966 approved the leases upon the condition that:

(S)hould the Secretary of the Interior determine at any time, that the operation of such wells is endangering the supply of underground water in the vicinity of is lowering the water table that other users of such water are being damaged, h may at his option, either (1) require Sentry of Peabody, at its own sole expense, to provide water in quantity and of quality equal to that formerly available from such underground supply
6. Peabody Coal Company’s Black Mesa has used the N-Aquifer for more than three

decades (since 1971) in order to slurry coal via the Black Mesa Pipeline from Black

Mesa mine to the Mohave Generating Station in Laughlin, Nevada over 273 miles

away, and;

7. Evidence has shown that Peabody Coal Company’s pumping of 4400 acre/feet per

year from the N-Aquifer exceeds the N-Aquifers natural ability to recharge itself

(NRDC 2000), and;

8. Peabody Coal Company’s Kayenta Mine Operations continue to use the N-Aquifer

for primary industrial purposes, now in operation 4 decades, and;

9. In 1984, Navajo Nation Hydrologist, Carol Lowery, reported that “there is a sand

problem and in some instances casing is collapsing”. Lowery, says in the same report,

that these are early signs that the aquifer is collapsing and requests and investigation.

10. In 1989, The Office of Surface Mining (OSM) established C.H.I.A. (Cumulative

Hydrological Impact Assessment), a set of specific criteria used to measure

hydrological balance of the Aquifer, one of which Structural Integrity, has been

violated in at lease two wells identified as BM1 and BM2, and;

11. Data gathered by the U.S. Geological Survey (USGS) shows that at least one of the

criteria indicating material damage to the N-Aquifer, established by the Office ofSurface Mining (OSM) in its Cumulative Hydrological Impact Assessment, as been

exceeded (NRDC 2000),

12. Data gathered by USGS shows that water levels have decreased by more than 100

feet in some wells and discharge has slackened by more than 50 percent in the

majority of USGS monitored springs. There are also growing signs that the aquifer isbeing contaminated in some places by low-quality water from other non-potable aquifers, (ld), and;

13. Since the continuous pumping of the N-Aquifer by Peabody began, local residents

have documented hundreds of springs and seeps and other water sources and outlets

which have ceased to produce water resulting in the destruction of valuable and life

sustaining water, and;
15. Since the continuous pumping of the N-Aquifer by Peabody began, local residents

have documented hundreds of springs and seeps and other water sources and outlets

which have cease to produce water resulting in the destruction of plants includingthose medicinal and edible which have historically been sustained by springs, and;

16. Since the continuous pumping of the N-Aquifer by Peabody began, local residents

have documented hundreds of springs and seeps and other water sources and outlets

which have ceased to produce water jeopardized the lives of wildlife, birds and other

animals which rely on springs and seeps, and;

NOW THEREFORE BE IT RESOLVED THAT:

1. That the People ofBlack Mesa have inherit and indigenous rights to a safe, clean

drinking water supply and this water supply is protected from outside use and

exploitation.

2. In order to safeguard the Navajo Nation and prevent further damage to the N-Aquifer,

the Pinon Chapter requests that Peabody end it use ofthe N-Aquifer.

3. Future water use by an outside entity, for Profit Corporation, industrial use etc., above

500 acre/feet per year shall be prohibited.

4. Resolution to Protect the N-Aquifer, for the purpose of sustaining the people ofBlack

Mesa, guaranteeing safe clean water for their health and well being now and for the

future generations.

* * * * * * * * * * * * * * * * * CERTIFICATION * * * * * * * * * * * * * * * * *

WE HEREBY CERTIFY THAT THE FOREGOING RESOLUTION WAS CONSIDERED BYTHE BODAWAY/GAP CHAPTER AT A DULY CALLED REGULAR CHAPTER MEETINGAT THE GAP (NAVAJO NATION), ARIZONA; AT WHICH A QUORUM WAS PRESENTAND THAT SAME WAS PASSED BY A VTE OF IN FAJVOR, 3O OPPOSED,

AND ‘2 ABSTAINED; ON THIS DAY OF /t1?k/ 2011.
Secretary/Treasurer

JNATHAN HASKIE

crazing Member

DUANE S. TSTNIGTNE

Council Delegate

MARIE L. WILLIAMS

Vice-President
3 TO’NANEES’DIZI LOCAL GOVERNMENT Robert Yazzle

VIce-president 4 ORDINANCE OF THE COUNCIL OF NAATAANII AND EXECUTIVE MANAGER

Chariene A. Nez FORM OF GOVERNMENT FOR TO’NANEES’DIZI COMMUNITY

Secretaryfrreasurer 6 LØ & cLIii..F N 1ALI

7 QPVERNMET Helen M Herbert 8 ROTT THE

ounc Mem er EOPLLO IcKM tJWI

JImm Hal ate 10 HEALTI1.Afj!PL L BJXIi ANr fOR THj FUTIIR)!

Council Member Sponsor: Robert Yazzie. Council of Naat’anii Vice-President

12 LONG TITLE

ADMINISTRATiVE STAFF 13 General Description:

PriscIlla Llttlefoot 14 This proposed legislation is to support To Nizhoni Ani’s position to protect the NExecutive Manager 15 Aquifer for the purpose of sustaining the People of Black Mesa, Guaranteeing Safe

Noreen PIsh 16 Clean Water for their Health and Well Being now and for the future generations.

ExecutIve AssIstant 17 Highlighted Provisions:

Vanessa Lee 18 A. The N-Aquifer is the sole source of potable water for the residents of Black

Administrative Assistant 19 Mesa and surrounding communities and;

20 B. The lives and the people of Black Mesa and surrounding communities and the

21 future generations depend on the water, hence are dependent on the

22 sustainability of the N-Aquifer;

23 C. Water provides the foundation to the Way of Life including both Spiritual and

24 Philosophical for the Dine (“the people”) People of Black Mesa. It is evident in

25 the Culture, Language, Traditions, Teachings and Ceremonies of the People

26 (Dine).

27 D. Lease NO. 14-20-060308580 and Lease NO. 12-20-0603-9910 gives Peabody

28 Western Coal Company the rights to “develop and utilize water for use in its

29 mining operations”, and;

30 E. In order to protect the water, Secretary of Interior, on April 14, 1966

31 approved the leases upon the condition that;

32 [S]hould the Secretary of the Interior determine at any time, that the

33 operation of such wells is endangering the supply of underground water34 in the vicinity of is so lowering the water table that other users of such35 water are being damaged, h may at his option, either (1) require Sentry
to such other users, deepening the latters’ wells or otherwise, or (2)

require Sentry or Peabody, at its own sole expense, to obtain water for

the mining and pipeline operations from another source, that will not

significantly effect (sic) the supply of underground water in the vicinity”.

Peabody Coal Company’s Black Mesa Mine has used the N-Aquifer for more

than three decades (since 1971) in order to slurry coal via the Black Mesa

Pipeline from Black Mesa mine to the Mohave Generating Station in Laughlin,

Nevada over 273 mIles away, and;

Evidence has shown that Peabody Coal Company’s pumping of 4400 acre/feet

per year from the N-Aquifer exceeds the N-Aquifers natural ability to recharge

itself (NRDC 2000), and;

Peabody Coal Company’s Kayenta Mine Operations continue to use the NAquifer for primary industrial purposes, now in operation 4 decades, and;

In 1984, Navajo Nation Hydrologist, Carol Lowery, reported that “there is a

sand problem and in some instances casing is collapsing”. Lowery, says in the

same report, that that these are early signs that the aquifer is collapsing and

requests an investigation.

In 1989, The Office of Surface Mining (OSM) established C.H.I.A. (Cumulative

Hydrological Impact Assessment), a set of specific criteria used to measure

hydrological balance of the Aquifer, one of which Structural Integrity, has

been violated in at least two wells identified as BM1 and BM2, and;

Data gathered by the U.S. Geological Survey (USGS) shows that at least one

of the criteria indicating material damage to the N-Aquifer, established by the

Office of Surface Mining (OSM) in its Cumulative Hydrologic Impact

Assessment, as been exceeded (NRDC 2000).

Data gathered by USGS shows that water levels have decreased by more than

100 feet in some wells and discharge has slackened by more than 50 percent

in the majority of USGS monitored springs. There are also growing signs that

the aquifer is being contaminated in some places by low-quality water from

other non-potable aquifers, (Id.), and;

Since the continuous pumping of the N-Aquifer by Peabody began, local

residents have documented hundreds of springs and seeps and other water

I.

38

Robert Yazzle

Vice-PresIdent 39

Charlena A. Nez 40

Secretary/Treasurer 41

Helen M. Herbert 42 F.

Council Member

Jimmy Holgate 44

Council Member

46 G. ADMINISTRATIVE STAFF

47

Priscilla Littlefoot

Executive Manager

49 H.

Noreen Parrish

Executive AssIstant 50

3.K.

Vanessa Lee 51

Administrative Assistant52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

L.

M.
Robert Vazzle 72 N. Since the continuous pumping of the N-Aquifer by Peabody began, hundreds

VIce-President 73 of springs and seeps and other water sources and outlets which have ceased

Chartene A. Nez 74 to produce water resulting in the destruction of prayer and offering sites, Secretary/Treasurer 75 which is a violation of the freedom of religion, and;

Helen M. Herbert 76 0. Since the continuous pumping of the N-Aquifer by Peabody began, local Council Member 77 residents have documented hundreds of springs and seeps and other water

Jimmy Holgate

Council Member 78 sources and outlets which have ceased to produce water resulting in the

79 destruction of plants including those medicinal and edible which have

ADMINISTRATIVE STAFF 8° historically been sustained by springs, and;

81 P. Since the continuous pumping of the N-Aquifer by Peabody began, local Priscilla Littlefoot

A Executive Manager 82 residents have documented hundreds of springs and seeps and other water

Noreen ParrIsh 83 sources and outlets which have ceased to produce water jeopardized the lives

Executive Assistant 84 of wildlife, birds and other animals which rely on springs and seeps, and;

Vanessa Lee 85 Special Clauses:

AdmirllstrativeAsslstant86

> The To’Nanees’Dizi Chapter respectfully requests for Public Hearings for

87 disbursement of information and public input by To Nizhoni An).

88 Be it resolved by the Council of Naat’aánii of the To’Nanees’Dizi Local

89 Government concurring therein:

90 WHEREAS, the To’Nanees’Dizi Chapter is Local Governance Act Certified Chapter

ii’ 91 pursuant to TCDC #.TCDCD-18-04.

92 WHEREAS, the To’Nanees’Dizi Chapter has adopted the Council of Naat’aánii and

93 Executive Manager Form of Government for the To’Nanees’Dizi Chapter pursuant to

94 the Special Referendum Election held on January 12, 2010, and Navajo Nation

95 Board of Election Supervisors Certification on February, 3, 2010, BOESF-004-10.

96 WHEREAS, the Council of Naat’aánii Officers on behalf of the To’Nanees’Dizi Local

97 Government supports To Nizhoni Ani’s position to protect the N-Aquifer for the

J

98 purpose of sustaining the People of Black Mesa, Guaranteeing Safe Clean Water for

99 their Health and Well Being now and for the future generations.

100 NOW, THEREFORE, BE IT RESOLVED that the Council of Naat’aánii of the

101 To’Nanees’Dizi Local Government concurs To Nizhoni Ani’s position to protect the N102 Aquifer for the purpose of sustaining the People of Black Mesa, Guaranteeing Safe

103 Clean Water for their Health and Well Being now and for the future generations. Li
ADMINISTRATIVE STAI 4

115

Priscilla Littlefoot

Executive Manager

117 Noreen Parrish

Executive Assistant 118

exploitation and that exclusive rights to the N-Aquifer remains with Black Mesa

Residents and the Navajo People and state groundwater laws and “grandfather”

clause does not apply to Navajo Waters including the N-Aquifer and that in order to

safeguard the Navajo Nation and prevent further damage to the N-Aquifer,

Peabody Western Coal Company end its’ use of the N-Aquifer.

CERTIFICATION

112 1 hereby certify that the foregoing legislation was duly considered and approved by

113 the To’Nanees’Dizi Local Government Council of Naat’aánii at a duly called meeting

in Tuba City, Navajo Nation, (Arizona), on this 1st day of May, 2011, at which a

quorum was present and that the same was adopted by a majority vote of YES

VOTE:_andNOVOTE:

0

Max D. Goldtqf Sr., Council of Naat’aánii President

To’Nanees’Dizi Local Government

Motion: )Y?-711 Jk-r

Robert Yauie 106

VIce-President 107

CharleneA.Nez 108

Secretary!Treasurer9

Helen M. Herbert 110

ouncII Member

Jimmy Holgate

Council Member

Vanessa Lee 119

Administrative Ass1sta4 20

121 Second:
SUPPORTING THE POSITION OF TO NIZHONI, INC. IN PROTECTING THE NAVAJO AQUIFER IN SUSTAINING THE PEOPLE OF BLACK MESA WITH CLEAN AND SAFE POTABLE WATER FOR THEIR HEALTH AND WELL-BEING FOR THE PRESENT

AND FUTURE GENERATIONS.

WHEREAS:

1. The Azee’ Bee Nahaghá of Dine Nation (ABNDN), formally known as Native American Church of Navajoland Inc. (NACNL) was established in 1966 as a non-profit organization and is incorporated under the statues of the states of Arizona, New Mexico, Utah, Texas, and the Navajo Nation; and

2. By an approved Resolution No. CO-65-76, the Navajo Tribal Council, NACNL, Inc. now known as ABNDN was granted inherent rights, responsibilities, and authorization to conduct non-profit organizational business on the Navajo Nation on behalf of the citizens of the

Navajo Nation and registered members of ABNDN participating in the traditional use of Azee’ in bona-fide religious ceremonial practices; and

3. Water provides the foundation for Navajo Lifeway induding the spiritual and the daily lives of the people of Black Mesa as evidenced in their culture, language, traditions, teachings, and ceremonies; and

4. The Navajo Aquifer is the sole source of safe and dependable drinking water for the residents of Black Mesa and surrounding communities, many of whom are members of Azee’ Bee Nahaghá of Dine Nation; and

5. To NizhOnl, Inc. has long been involved in the struggle to protect their water rights and have developed their position through acquiring documents and justifications to support their position as evidenced in (Exhibit aA); and

8. In order to safeguard the Navajo Nation water rights and source for future use, Azee’ Bee Nahaghá of Dine Nation is duly concerned about the overuse of safe, clean drinking water for mining operations by Peabody Western Coal Company; and

NOW THEREFORE, BE IT RESOLVED THAT:

1. The Azee’ Bee Nahaghá of Dine Nation general membership hereby supports the position of TO NizhOn!, Inc. and the people of Black Mesa and surrounding communities in their inherent and indigenous rights to a safe and sustainable and quality source of drinking water from the Navajo Aquifer.

2. Furthermore, Azee’ Bee Nahaghá of Dine Nation believes clue diligence must be exercised In not diminishing the water supply through

overuse of potable water for industrial purposes by Peabody Western Coal Company.

CERTIFICATION

We hereby certify that the foregoing resolution was considered by the General Membership of Azee’ Bee Nahagtià of Dine Nation at a duly called 1St Quarter General Meeting in Pinon, AZ at which a quorum was present and the same was passed by a vote of In Favor, Opposed, andfl Abstained on this 18th day of September 2010.

Motion by: liC&..4’ 1.--L.(?1J(14VI,,iji Second: tt,i,vy J -r’

David J. Tsosie, President Floyd Stevens, Vice President