Navajo Nation to Take Legal Action against US EPA for Toxic River Spill

Navajo Nation President Russell Begaye addresses Navajo Nation citizens at Shiprock Chapter on Saturday – Photo by Rick Abasta
EPA River Spill Update
Published August 9, 2015
SHIPROCK, NEW MEXICO — Navajo Nation President Russell Begaye announced that he intends to take legal action against the U.S. Environmental Protection Agency for the massive release of mine waste into the Animas River near Silverton, Colorado.
President Begaye made this announcement Saturday evening at the Shiprock Chapter House, which was packed to capacity with concerned community members living along the San Juan River.
“They are not going to get away with this,” President Begaye said of the destructive impact to natural habitats and ecosystems that traditional Navajo culture relies on.
He said the sludge has migrated into the San Juan River and is wending through the Navajo Nation. The plume is expected to reach Lake Powell by Wednesday.
President Begaye said, “The EPA was right in the middle of the disaster and we intend to make sure the Navajo Nation recovers every dollar it spends cleaning up this mess and every dollar it loses as a result of injuries to our precious Navajo natural resources.”
“I have instructed Navajo Nation Department of Justice to take immediate action against the EPA to the fullest extent of the law to protect Navajo families and resources,” he added.
“The EPA also needs to fund an independent lab onsite for real time monitoring of chemicals that may migrate into our irrigation or public water system,” said President Begaye.
Stories of struggle and survival
The chapter members were very appreciative that President Begaye and Vice President Jonathan Nez met with them in this moment of crisis as the plume of contamination approached their community.
The community shared their stories of struggle and survival along the river and underscored just how important farming and ranching is to their way of life and the economy of the region.
Shiprock is one of the largest farming communities on the Nation and it relies heavily upon irrigation from the San Juan to supply its many farms with water.
Navajo EPA will be conducting independent tests on the water and sediment quality and the Nation will utilize the data that is gathered for their own investigation on the contamination. The plume is estimated to be traveling at four miles per hour.
Harlan Cleveland of Navajo Nation Department of Emergency Management said the contaminated water plume reached Farmington at 8:10 a.m. on August 8 and joined the San Juan River.
The plume is more than 80 miles long.
Several communities have stopped pumping water from the river and San Juan County has issued an emergency declaration and closed the river until further notice.
Rex Koontz, deputy general manager of Navajo Tribal Utility Authority, stated in a press release that NTUA water systems from Farmington to Beclabito are “fed from a different system isolated from the San Juan River.”
The Navajo Nation irrigation systems ceased pulling water from the river earlier this week.
San Juan River is their Lifeline
President Begaye said the U.S. EPA must provide affected tribal members water for drinking, irrigation, and livestock. In addition, hay and feed will also be needed for livestock.
“The San Juan River is their lifeline. We want full disclosure on what chemicals were released into the river. We understand cleanup will take decades. We demand cleanup of this water and the sediments of our affected rivers immediately,” President Begaye said.
Navajo farmers pumped water for their cattle, sheep and horses. Others fished the river and explored it recreationally.
“We’re not talking about a small population or area like Farmington. We have Navajo families affected from Upper Fruitland all the way to Lake Powell,” President Begaye said.
The Navajo Nation is larger than 10 U.S. states and is the size of West Virginia. The San Juan River courses through much of the northern region of the Nation and feeds into the Colorado River, which also traverses the vast tribal territory.
Childhood memories of contamination
During his childhood, President Begaye lived along the banks of the San Juan River. One year, he remembered the fish were dying and floating to the surface. He jumped into the river with others to investigate further.
“The river smelled for weeks. Fish were dying along the riverbank. No one ever told us what happened, how the fish died or if it would impact our health years later. To this day, nobody told us. That will not happen this time,” President Begaye said.







A’ho. Give to them! This kind of treatment will no longer be tolerated and those responsible must be held accountable. My respects to the Navajo Nation government.
Kick some polluter butt, Navajo Nation. Make them pay back every penny and charge them interest. Look into the possibility of criminal charges too. I’m pretty sure that’s not legal and whoever gave the command should be looking at a fine and/or time. It’s WAAAAAAAY past time for these guys to have to answer for their wanton destruction of Mother Earth.
The owners of the gold mine, took the gold and left the toxic wastes. Where are they now? They should be part of your lawsuit. This mess is going to completely wipe out some species of wildlife such as the Kanab Ambersnail (E = in danger of extinction); Humpback chub, Razorback Sucker, Flannelmouth sucker (all 3 fish are in danger of extinction); Relict Leopard frog and the Northern Leopard frog (C = candidates for threatened or in danger of extinction categories); birds include the Calif. brown pelican (E), California Condor (experimental), Yuma clapper rail (E), SW Willow Flycatcher (E), Mexican spotted owl, (T=threatened, severely depleted), Bald eagle (T), and Yellow-billed Cuckoo (C); mammals are 5 species of bats that are (SC = species of concern), SW River otter (SC). Then there’s all the plant species found only in the Colorado River. Then there’s all the people living in the Canyon, or along these rivers who rely solely on the waters of the Animas, San Juan, and Colorado Rivers. God help us!
I am only one, but one is better than none, and if a lot of one’s become more, then there will be many to pray for the help of the Almighty to help the people, the animals, wildlife affected. My prayer is that no one will die, or become sick from this massive pollution spill. Amen
There was what was known as PanAmerican Indianism during the early 60s. This expression encouraged Native American across the United States to meet periodically to discuss crucial issues confronting tribes. As a collective group addressing tribal issues for one another, progress was made. Washington politicians listened as well. We have dynamic tribal leadership during that period of time and tribes flourished not only culturally, but community enrichment. Tribal membership bonded and the flow of communication among the tribes was apparent that perhaps lead to passage of the Self-Determination and Education Assistance of 1973 providing tribal governments control over certain BIA programs. More aggressive, intelligent leaders came forth as Wendell Chino, Roger Jordin, and many others whose leadership lead to more Congressional enactments enhancing tribal communities. The 90s was the zenith of strong tribal governments (view a must-see video at http://www.c-span.org/video/?26026-1/indian-culture-tribal-sovereignty for strong tribal gathering with Senator Daniel Inoye) addressing the true significance of our culture and tribal sovereignty . There is a need to surface the words of these great leaders to address man-made disasters to destroy our livelihood.
Sue them, sue, sue, sue.
That pollution is going to make it all the way down the Colorado and all over to Texas so the Navajo are going to have a lot of friends that are going to be really really pissed off with them we’ll all fight against those people the people that in mind that place and got all the gold in everything they wanted out of it they poured that in there on purpose because they didn’t know what else to do with it it seems like in America if you kill somebody throw them in the water if you have some garbage llin the water if you have old tires filled in the water well you can’t do that you’re supposed to take care of our land and keep it pristine and when that water turns that color in Lake Travis so boy I think you’re going to find out that somebody’s going to pay
Sorry but you need to look at a map Texas will never be effected by the water the river flows through New Mexico going west not east
There is no excuse for what they have done. They will suffer the consequences for their bad decisions. Get anything and everything you can.
Have to agree with what everyone is saying. YES the EPA has to be held responsible for what has been done, there consequences for this, we, the people should hold them accountable for their actions to the wall. This isn’t the first time they have screwed up and have left the citizens of this country to face the tragedy of their mess.
The enviro is in trouble this time and seem to think the Government will back them up and for sure we all will suffer, Mining in the San Juan county Colo. has already been devastated by the epa with all their Fees and rules They have continued to close down Gold and mineral production in most parts of the world. The worst is The San Juan Mountains of Colo. People have paid Taxes for their mining claims for centuries and their rights to operate have been taken by the EPA. The economy in the US has been declining ever since the Gov. put them into the system. Instead of closing the unwanted mines with the most hazzards to the environment, They picked on the small producers that lost millions of jobs and the production of gold for American reserves. Which america has none. No Gold, No Jobs, No economy. Their the ones who closed all this down and created all the stupid decisions that has led to this disaster. The sad part is yet to come. The decision to plug the ECO Bay or The Old Standard Metals mine in Silverton, is another scary situation they have caused Not a million gallons on this one my friends we’re talking billions of gallons of water with enough pressure behind it already to find its way out. The Gold King Mine when in operation, had a controlled amount of discharge. Today the amount has grown by five times. The Two mines are side by side. What is happening ? I think we all know. The amount of water accumulated in The ECO Bay Mine could not only pollute the Animas River. It has the potential to take out Structures in Silverton, Bridges through Durango, not to exclude their farming and grazing in the La Plata County valley. Look out Navajo Nation, The next one could prove to be 100 times more divestating
“Kat” had provided a form for anyone injured or damaged by this toxic spill to submit Form 95 (on Native Online News). This individual provided the website and form. I had not reviewed it when I offered my suggestion on the form, but provided the wrong information. Kat’s provision has it all –even the form http–www2.epa. This website provides the following: “EPA has established a toll free number 844-607-9700 for residents in Colorado, New Mexico, Utah, Arizona and the Navajo Nation who have been affected by the Gold King Mine release. This number is available in English, Spanish or Navajo. Persons to contact Richard Feldman, Claims Officer, U.S. EPA Office of General Counsel, 1200 Pennsylvania Ave., N.W. (MC 2399A), Washington, D.C. 20460 or Michael Nelson, U.S EPA Region 8, Office of regional Counsell, 1595 Wynkoop St. (MC 8RC), Denver, Colo. 80202. Standard Form 95 (PDF is also available from EPA).