Though the Colorado River Basin is predominantly American Indian, they have historically been ignored in water rights legislation. Arizona and New Mexico were only recently admitted to the Union in 1919 and all basin states were admitted after the Treaty of 1868 with the Navajo Nation. The Union did not however, recognize American Indians as citizens at the time of the 1922 Colorado River Compact. During this period, more Indians resided in the basin area than white settlers. Therefore, tribes do not take the compact seriously since it initially does not even include them. Article VII of the Colorado River Compact states, "Nothing in this compact shall be construed as affecting the obligations of the United States of America to Indian tribes." Furthermore, American Indians did not have the right to vote in many states prior to the 1948 Upper Basin Compact.
Under the Arizona vs California court case, the U.S decreed water for the five tribes below Hoover Dam. Chemeuvi Indian Reservation received the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 1,900 acres. Its annual quantities could not exceed 11, 340 acre-feet of diversions from the mainstream. The Cocopah Indian Reservation’s annual quantities could not exceed 2,744 acre-feet of diversions from the mainstream, or the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 431 acres. The Yuma (Quechan) Indian Reservation attained the quantity of mainstream water necessary to supply the consumptive use required for irrigating 7,743 acres. The Colorado River Indian Reservation faced the limit of annually diverting no more than 717, 148 acre-feet from the mainstream. Finally, The Fort Mohave Indian Reservation could not surpass 122,648 acre-feet of diversions from the mainstream. Water rights were not quantified for the Navajo Nation and Hualapai and Havasupai Tribes in the Lower Basin.
However, through statutory and contract rights, the Navajo Nation received the prerogative to divert 508,000 acre-feet per year for the 110,630 acre Navajo Irrigation Project. Though NIIP is thirty years behind schedule, it represents a development effort on the Navajo Reservation which is much in need. Because Lake Powell allows water development to proceed in the Upper Basin, it is essential for the progression of NIIP. Stanley Pollack, from the Special Water Counsel Justice department of the Navajo Nation says we cannot drain Lake Powell without affecting NIIP water. Lake Powell helps the Upper Basin fulfill its commitments to the Lower Basin, thus firming up water supply for NIIP.
Besides providing water for NIIP, Glen Canyon dam is important to the Navajo people for many reasons. It also serves as a significant resource for the development of on-reservation municipal water systems. Glen Canyon also renders low cost electricity to Navajo electric consumers. Only 50% of the homes on the Navajo Reservation have access to electricity and running water. If the price of electricity rose, this would limit even more Indians from enjoying this rare benefit. The Navaho are proposing the development of the Antelope Point Marina on Lake Powell. This would be the only Marina allowed to sell alcohol, and represents a possible source of revenue from tourism.
Furthermore, the Navajo Generating Station consumes coal from both the Black Mesa Mine and the Kayenta Coal Mine. NGS needs Lake Powell’s water to cool its equipment. Black Mesa needs the water from the dam to transport coal up the slurry. Though it can use ground water for the same purpose, the groundwater in the future may be claimed and become unavailable for use. If Lake Powell is drained, NGS will stop operating, and therefore, both Kayenta and Black Mesa will loose their business. Around 200-300 Navahos work in NGS and Black Mesa Mine provides close to 700 jobs to Indians. Therefore, Indians would lose a significant source of revenue if Glen Canyon Dam were decommissioned. The Hopi are even more dependent on mines because they have no other source of external revenue.
For the Hopi, Glen Canyon carries a significant spiritual and cultural meaning. It represents both life and death. They send their prayers there every morning and it is the abode of many archeological sites such as footprints of clan migration. This resulted in disharmony between the natural and spiritual world. Also, Lake Powell has washed many sacred ruins away. Side channel erosions are also damaging archeological sites. Hopis accept weathering resulting from natural phenomenon, but negate manmade destruction.
Kurt Dungowski, the anthropologist working with the Hopi tribe says, whites care more about science than culture. The Hopi do not only understand the world through science. "My challenge is to constantly warn the Deputy that there are other people out there, " he states. The Operations of the dam are problematic because they do not hold responsibility for the destruction of important sites.
The Programatic Agreement of 1994 declares a federal agency must take into consideration its effects on the community. However, the Park Service is not responsive to preserving sites or data. Kurt points to a problem in interpretation. Each Hopi village has five shrines, but whites see them as rock piles, he says. The Federal Agency, from its Anglo American perspective, ultimately decides what is and is not significant. It basis this decision of four criteria: important events, important persons, work of a master contributing element to neighboring communities and lastly, that it reveals important information.
Kurt recommends mitigating the prevalent ethnocentric arrogance through education programs meant to inform non-Indians about Hopi culture. Some of the heaviest damage to archeological sites results from visitation. Indians encounter many challenges and attempt to raise their voices in organizations such as the Adaptive Management Program. However, this is a slow process. Even institutions designed to empower Indians are unreliable. The Bureau of Indian Affairs, for example, cannot account for $4 billion of Indian money. Stanley Pollack describes the American Indian position. He says, "Deals were struck not in the Navaho Nation’s benefit, but they do not want to give up existing benefits.Map of Glen Canyon NRA and the surrounding Navajo Nation
