People have been asking me about the proposed settlement between the Hopi Tribe and the city regarding the use of reclaimed water at the Snowbowl. The proposed agreement was tabled indefinitely at the May 17 Council meeting and is unlikely to come up again.
Background: In 2011 the Hopis sued the city, claiming that the city was creating a public nuisance by selling reclaimed water to Snowbowl. The tribe did not sue Snowbowl, which is odd because the city does not make snow nor does it control the snowmaking. The state approved the use of reclaimed water for snowmaking.
Proposed Settlement: The settlement would require the city to build a filtering system to be used solely for Snowbowl water. The new filter would run the reclaimed water through an “earthen filter.” The cost to the city for this filter would be $1.6 million to build and then it would cost over $100,000 per year to operate and maintain. Under the terms of the settlement, neither the Hopi Tribe nor Snowbowl would contribute to the cost.
The Status: The draft of the settlement was approved by the Hopi Tribal Council in February 2016. The agreement then came to the City Council in March. At that meeting, the motion to approve the settlement failed for lack of a second.
More discussions were held between the parties and the attorneys. The settlement came back to the City Council (without any changes) on May 17.
The Vote: At the May 17 Council meeting, there was a motion to postpone any action on the settlement indefinitely. I seconded that motion. The vote was:
Against the Settlement
Jerry Nabours
Celia Barotz
Karla Brewster
Jeff Oravits
Eva Putzova
In favor of the Settlement
Coral Evans
Scott Overton
The Result: With no settlement on the table, the litigation continues. Snowbowl is representing our position with their attorney. We also have an attorney arguing that we are not creating a nuisance.
My Position: I believe this is a dispute between the Hopis and Snowbowl. The city is caught in the middle. Why should the city pay for the entire settlement? I said at the Council meeting in March that I was not in favor of this settlement without the other parties participating. That is why I voted to postpone it indefinitely.
If the court should rule that the Snowbowl cannot use reclaimed water, Snowbowl could lawfully use its own well water for snowmaking.
The city has few customers for reclaimed water in the winter. Snowbowl buys at least $80,000 of reclaimed water each ski season. FBN
By Jerry Nabours