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	Photo courtesy Karen Francis -- Delegates from the Navajo Nation, including Nation Speaker Lawrence Morgan, attorney for the Navajo Nation Howard Shanker, President Joe Shirley Jr., Miss Navajo Nation Jocelyn Billie and Tom Lapahe, emerged from the 9th District Court of Appeals in San Francisco after a Sept. 14 hearing on a proposal to expand a ski resort in the San Francisco Peaks and allow its operators to use reclaimed wastewater to make snow. Tribal leaders and environmental groups say the development, and the use of such water, violates Indian religious freedom laws.

SAN FRANCISCO - Attorneys for Navajo, Hopi and Hualapai argued for protection of the San Francisco Peaks and a halt to plans to produce snow from recycled sewage water at the Arizona Snowbowl ski resort near Flagstaff, Ariz., on Sept. 14 in the 9th Circuit Court of Appeals.

American Indian tribes filed the lawsuit in 2005 against the U.S. Forest Service and argue that the development violates Indian religious freedom laws, since it would allow recycled wastewater on medicine plants and ceremonial places.

Howard Shanker, attorney for the Navajo Nation and other groups involved in the case, was optimistic after the three-judge panel heard the arguments.

''Hopefully, this will be one of these days where what is moral and right is also legal,'' said Shanker.

Shanker said the Forest Service's approval of the expansion and use of treated sewage effluent to make snow violates the Religious Freedom Restoration Act.

''This legal battle may decide the future of American Indian religious freedom and the ecological integrity of the San Francisco Peaks,'' he said of the effort to preserve the sanctity of the peaks, sacred to 13 area tribes.

During the federal appeal, Hopi attorney Scott Canty pointed out that attorneys for the Forest Service argued that the ski resort had been open since the 1930s. However, Hopis have revered the mountain for more than 1,000 years and were visiting the peaks when the Magna Carta was signed in 1215.

Canty said it is up to deities, not man, to make snow.

''To usurp their authority is a crime, an insult,'' he said. ''It desecrates the entire mountain that the Hopi believe is a living entity.''

Canty said that while there may be many sacred sites among the Hopi, the San Francisco Peaks are central to their belief system.

Hualapai attorney Jack Trope said tribal members use water from a certain spring for ceremonies. If the runoff from the artificial snow accumulates there, Hualapai would be ''committing spiritual malpractice.''

In closing remarks to the court, Shanker said artificial snow was only tested for bacteria expected in drinking water, and no tests were done on the presence of pharmaceuticals and other bacteria that may be present in reclaimed wastewater. He also added that the area is not suitable for skiing.

Janice Schneider, a lawyer for the Arizona Snowbowl resort, told the court there would be 82 signs warning skiers the snow is generated from ''reclaimed water.''

However, Judge William Fletcher wondered whether skiers would understand ''that reclaimed water is treated sewage.''

Both Fletcher and Judge Johnnie Rawlinson were doubtful since there were no studies provided to determine how the snow would affect skiers.

''It's not nearly far-fetched that children will eat snow,'' Rawlinson said.

In its arguments to the court, the Navajo Nation stated to the court that the Forest Service failed to disclose and discuss the scientific viewpoints.

Further, the Navajo Nation said the Forest Service refused to consider the impacts associated with the withdrawal of 1.5 million gallons each day of reclaimed water that is currently used to recharge the regional aquifer near Flagstaff.

The Navajo Nation delegation to San Francisco, in defense of the Navajos' sacred mountain, ''Dooko'o'sliid,'' included Navajo Council Speaker Lawrence T. Morgan, President Joe Shirley Jr. and Miss Navajo Nation Jocelyn Billy.

Navajo Council delegates included Willie Grayeyes, of Inscription House/Navajo Mountain, Ariz.; Tom Lapahe, of Tachee/Blue Gap/Whippoorwill, Ariz.; Leroy Thomas, of Dilkon/Teesto, Ariz.; Young Jeff Tom, of Mariano Lake/Smith Lake, N.M.; Ray Berchman, of St. Michaels/Oak Springs, Ariz., and Rex Lee Jim, of Rock Point, Ariz.