PHOENIX - Extensive groundwater pumping by the operator of the Black Mesa coal mine in northeastern Arizona threatens the water supply for the Navajo and Hopi tribes more than the government admits and a new federal permit should be denied, a report by an environmental group concludes.

Peabody Western Coal Co. also is asking for permission to greatly increase the amount of water it pumps from the pristine aquifer, according to the Natural Resources Defense Council report released Tuesday.

But a spokeswoman for Peabody disputed the findings, saying extensive studies over more than 30 years have shown that the aquifer is "healthy and robust." Beth Sutton also said the application for a so-called life-of-mine permit only asks to use the water on an interim basis, until another supply can be secured.

Regardless, the mine, the power company it supplies and the leaders of the Indian tribes where it sits all agree that a new water source is needed and have been working for years to secure it, Sutton said.

The mine, in the heart of the Navajo Nation, provides coal to only one customer, Southern California Edison's massive Mohave Generating Station near Laughlin, Nev.

The plant, the mine and a 273-mile pipeline that carries coal slurry between the two has been shut down since Jan. 1 because SCE did not upgrade its pollution control devices as required by the 1999 settlement of a lawsuit brought by consortium of environment groups. The NRDC was not a party.

Most of the water is used to transport the coal. It is ground up, mixed with pumped groundwater and then sent from northeast Arizona to the plant.

The Navajo Nation wants the water use stopped too, and has told the mine that repeatedly. But it also has worked with Peabody on studies on another supply, said George Hardeen, a tribal spokesman.

"The preliminary hydrology reports show there is plenty of water for that use," Hardeen said of the alternative supply. "So when the plant goes back on line, there is a very good chance that the water supply will be a different one."

A lawyer with the NRDC said there are no assurances of that, and their recent review of federal monitoring data shows that the aquifer under the Navajo Nation is being damaged.

"Not only has Peabody's water use been massive by any stretch of the imagination, but in their application they are applying to use even more water," said David Beckman, a senior attorney with the NRDC.

Wells levels are dropping, springs are drying up, and there are signs that the ultra-clean water is being contaminated, Beckman said.

He likened the current lull in pumping to a calm between a storm, noting that the Navajo, the mine owners and Edison are negotiating new agreements that will allow the power plant and mine to resume operations.

That will take about two years once nearly $1 billion in improvements and pollution control devices are installed. Edison has also applied to California regulators for permission to bill ratepayers for money it spends "aggressively" trying to modify the settlement. They hope to get the plant reopened sooner, while upgrades are underway.

Sutton was blunt in her assessment of the NRDC study.

"The claims have long been refuted by long term studies," she said. "The issues are mainly moot."

ON THE NET:

Natural Resources Defense Council: www.nrdc.org/

Peabody Energy: www.peabodyenergy.com

Southern California Edison: www.sce.com

Navajo Nation: www.navajo.org

article originally found in Tucson Citizen March 21, 2006

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Largest U.S. Coal Strip Mine Threatens Tribal Water Source

KAYENTA, Arizona, March 22, 2006 (ENS) - A bid by coal mining giant Peabody Energy to increase by 50 percent its use of water at the Black Mesa mine threatens the main source of drinking water for many Hopi and Navajo in northeastern Arizona, finds a new report by the Natural Resources Defense Council (NRDC).

NRDC said new data contradict the government's claims that Peabody's groundwater pumping is within legal limits established to protect Hopi and Navajo water supplies.

Peabody's recent petition for "life of mine" access to Navajo Aquifer (N-Aquifer) water should be denied, NRDC said, because the aquifer already has suffered "material damage."

The U.S. Department of the Interior has claimed that available information shows that there is no evidence the aquifer has suffered "material damage," a scientific threshold established under federal law.

The NRDC report, entitled "Drawdown: An Update on Groundwater Mining on Black Mesa," says new data show an aquifer in decline and that decades of industrial pumping already have caused the aquifer material harm, according to the U.S. government's own criteria.

"Government bureaucrats are ignoring clear violations of their own rules to protect the aquifer," said Timothy Grabiel, principal author of the NRDC report. "They have let Peabody pump billions of gallons of pure drinking water to sustain its antiquated industrial coal slurry operation. The government should deny Peabody's request, heed its own monitoring results and fix the flaws in its oversight system."

Peabody has been mining coal on the Hopi and Navajo reservations since the 1960s, following exploration agreements with the Native American Indian Nations. Under the agreements, the tribes receive royalties for coal that is extracted.

Because of concern at the time about possible damage to the aquifer caused by the massive water pumping - on average, 3 million gallons a day - then-Interior Secretary Stewart Udall included an escape clause to the agreement.

Yet despite numerous studies and now-obvious signs of negative impacts, the Office of Surface Mining Reclamation and Enforcement (OSMRE), an agency within the Department of the Interior, maintains that there has been no material damage, and it has failed to invoke the escape clause.

NRDC works on Black Mesa in conjunction with many local partners, including the Black Mesa Trust.

"The Black Mesa aquifer has been a source of pure drinking water for Native Americans for over a thousand years," said Vernon Masayesva, former chairman of the Hopi Tribe, and current executive director of the Black Mesa Trust. "Peabody's continued drawdown of this vital resource is an insult to our cultural and religious heritage."

Until late last year, Peabody annually withdrew more than a billion gallons of drinking water from the aquifer to produce coal slurry, a pulverized coal and water combination that was transported by pipeline 273 miles to the Mojave Generating Station, a power plant in Nevada.

Although the power plant recently was shut down in a consent decree over air pollution, Peabody is seeking to extend its permit to operate the mine, anticipating that the power plant may be retrofitted, and come back online. Peabody's mine permit application assumes indefinite access to Navajo water.

"The use of over one billion gallons of precious, clean water in one of our nation's most arid regions to slurry coal is a colossal waste," said David Beckman, co-author of the original Drawdown report and project director of the Drawdown update. "There are alternatives to this wasteful practice, such as using methanol-based slurry, substituting low-grade water, re-circulating the same water through the system more than once, or other forms of transport that do not rely on slurry."

Originally found at the Environmental News Service 22 March 2006

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A 'colossal' waste
Report: Peabody's use of N-aquifer water threatens its existence

By Kathy Helms
Diné Bureau

WINDOW ROCK — While the Navajo Mediation Team works to keep Mohave Generating Station open and Peabody Western Coal Co. slurrying coal to Nevada, the Natural Resources Defense Council says the Navajo Aquifer is in decline and industrial pumping already has done damage.

NRDC is a national, nonprofit organization of scientists, lawyers and environmental specialists dedicated to protecting public health and the environment, with 1.2 million members nationwide.

The organization released an updated report last week, entitled "Drawdown: An Update on Groundwater Mining on Black Mesa."

NRDC said a bid by coal mining giant Peabody Energy to increase its water use by 50 percent at Black Mesa mine threatens the main source of drinking water for many Navajo and Hopi people. NRDC said new data contradict the government's claims that Peabody's groundwater pumping is within legal limits established to protect Navajo and Hopi water supplies.

"Peabody's recent petition for 'life of mine' access to Navajo Aquifer water should be denied, because the aquifer already has suffered 'material damage,' a scientific threshold established under federal law," NRDC said.

Peabody has been mining coal on the Navajo and Hopi reservations since the 1960s, following exploration agreements with the Native American Indian Nations.

Because of concern at the time about possible damage to the aquifer caused by massive water pumping around 3 million gallons a day, on average then-Interior Secretary Stewart Udall included an escape clause to the agreement.

"Yet despite numerous studies and now-obvious signs of negative impacts, the Office of Surface Mining Reclamation and Enforcement, an agency within the Department of the Interior, maintains that there has been no material damage, and it has failed to invoke the escape clause," NRDC said.

DOI has claimed that available information shows there is no evidence the aquifer has suffered "material damage." NRDC disputes that, citing the government's own field data.

In NRDC's 2000 report, "Drawdown: Groundwater Mining on Black Mesa," the organization reported that six of 15 monitored wells had dipped below a critical 100-foot threshold, established to protect the aquifer from internal collapse and contamination.

The update has found that water levels at most of the wells have continued to decline, including two monitoring wells that have periodically dipped below the top of the aquifer itself.

NRDC said water flow from springs that provide drinking water and also have great cultural and religious significance to the Hopi, are producing significantly less water after years of massive withdrawals. Evidence of accelerating contamination of the N-Aquifer also is evident in some locations, a finding that hydrologists believe is associated with changes in pressure in the N-Aquifer due to years of industrial pumping.

One of a kind
"Government bureaucrats are ignoring clear violations of their own rules to protect the aquifer," said Timothy Grabiel, principal author of the NRDC report.

"They have let Peabody pump billions of gallons of pure drinking water to sustain its antiquated industrial coal slurry operation," Grabiel said.

Today, when around 60 percent of American coal is transported by railroad, with barges and trucks picking up most of the rest, the pipeline at Black Mesa stands as perhaps the only one of its kind left in the United States, according to the report.

The decline of this technology is attributed in part to the amount of water required, NRDC said.

In the late 1970s, the U.S. Office of Technology Assessment and several private researchers identified water scarcity as the principal obstacle to slurry pipelines and recommended their use only in areas with abundant water resources, the report states.

"To slurry its coal, Peabody must use immense quantities of water, and because historically it has failed to clean its coal of debris before liquefying it a choice that results in a heavier solid it has been obliged to use even more than is strictly necessary," NRDC said.

"With the pipeline taking up to 43,000 tons of slurried coal per day, the company pumps as much as 120,000 gallons of water per hour. That amounts to an average of 4,000 acre-feet of pristine drinking water each year, almost 70 percent more than the 2,400 acre-feet Peabody Western anticipated using when pumping began," the report states.

An acre-foot amounts to enough water to fill a football field a foot deep. Four thousand acre-feet adds up to more than 1.3 billion gallons of water, "an amount the annual water needs of the entire Hopi Reservation will not approach for three decades," NRDC said.

Permit for more H2O
The Office of Surface Mining in Denver is now processing Peabody's application for a "life of mine" permit. Peabody has asked to increase its water usage to more than 6,000 acre-feet per year, about 50 percent more than its historical use. The increase would extend over the next 20 years.

OSMRE is expected to release its draft Environmental Impact Statement for Peabody's application next month.

"The use of over 1 billion gallons of precious, clean water in one of our nation's most arid regions to slurry coal is a colossal waste," said David Beckman, co-author of the 2000 Drawdown report and project director of the updated report.

Until late 2005, Peabody withdrew more than a billion gallons of drinking water per year to produce coal slurry and transport it through 273 miles of pipeline to Mohave Generating Station. The Black Mesa pipeline failed 12 times between 1994 and 1999, with at least eight of those resulting in discharges of coal or coal slurry into local washes.

According to U.S. Environmental Protection Agency data contained in the report, the largest known failures occurred April 1, 1996, when approximately 450 tons of coal spilled; another failure the following day discharged 1,200 tons, and on April 4, 1996, an additional 500 tons of coal were discharged.

Despite the Mohave shut-down, Peabody is seeking to extend its permit to operate the mine in anticipation of the power plant coming back online. Peabody's mine permit application assumes indefinite access to Navajo water, according to the report.

NRDC recommends immediate action to conserve the N-aquifer water supply as well as long-term solutions to reduce reliance on it. The group also recommends OSMRE deny Peabody's request to increase N-Aquifer pumping; improve the N-Aquifer's monitoring program; and work with the tribes to manage resources.

With tribal consent, the N-Aquifer should be designated as a "sole source aquifer" by U.S. EPA, an action that would strengthen its protection, NRDC said.

Vernon Masayesva, former chairman of the Hopi Tribe and now executive director of Black Mesa Trust, said, "The Black Mesa aquifer has been a source of pure drinking water for Native Americans for over a thousand years. Peabody's continued drawdown of this vital resource is an insult to our cultural and religious heritage."

On the Web: http://www.nrdc.org

Originally found in the Gallup Independent 23 March 2006

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Report finds violations of protections for Black Mesa water

LOS ANGELES – A bid by coal mining giant Peabody Energy to increase by 50 percent its use of water at the Black Mesa mine threatens the main source of drinking water for many Hopi and Navajo to northeastern Arizona, according to a new report by the Natural Resources Defense Council.

The council said new data contradict the government’s claims that Peabody’s groundwater pumping is within legal limits established to protect Hopi and Navajo water supplies.

Peabody’s recent petition for “life of mine” access to Navajo Aquifer (N-Aquifer) water should be denied, NRDC said, because the aquifer already has suffered “material damage.”

The NRDC report, entitled “Drawdown: An Update on Groundwater Mining on Black Mesa.” Says new data show an aquifer in decline and that decades of industrial pumping already have caused the aquifer material harm according to the U.S. government’s own criteria.

“Government bureaucrats are ignoring clear violations of their own rules to protect the aquifer,” said Timothy Grabiel, principal author of the NRDC report. “They have let Peabody pump billions of gallons of pure drinking water to sustain its antiquated coal slurry operation. The government should deny Peabody’s request, heed its own monitoring results and fix the flaws in its oversight system.”

The Natural Resources Defense Council is a mainstream environmental group with 1.2 million members and offices in New York, Washington, Los Angeles, and San Francisco.

Until late last year, Peabody annually withdrew more than a billion gallons of drinking water from the aquifer to produce coal slurry, a pulverized coal and water combination that was transported by pipeline 273 miles to the4 Mojave Generating Station in Laughlin, Nev.

Although the power plant recently was shut down in a consent decree over air pollution, Peabody is seeking to extend its permit to operate the mine, anticipating that the power plant may be retrofitted, and come back online. Peabody’s mine permit application assumes indefinite access to Navajo water.

The U.S. Department of the Interior has claimed that available information shows that there is no evidence the aquifer has suffered “material damage,” a scientific threshold established under federal law. But NRDC’s report disputes that, citing the government’s own field data.

For example, in its 2000 report “Drawdown: Groundwater Mining on Black Mesa,” NRDC reported that 6 of 15 monitored wells had dipped below a critical 100-foot threshold, established to protect the aquifer from internal collapse and contamination.

The update finds that water levels at most of the wells have continued to decline including two monitoring wells that have periodically dipped below the tip of the aquifer itself.

Likewise, water flow from springs that provide potable water, and possess great cultural and religious significance to the Hopi, are producing significantly less water after years of massive withdrawals.

Evidence of accelerating contamination of the N-Aquifer also is evident in some locations, a finding that hydrologists believe is associated with changes in pressure in the N-Aquifer due to years of industrial pumping.

The Peabody wells are perforated at several levels in order to extract water form more than one aquifer. This creates a connection that did not previously exist between the aquifers, and holds the potential to allow contaminants to pass from upper levels to the N-aquifer.

The N-Aquifer is a vital water source in the Black Mesa region not only because of the dearth of water in this semi-arid climate, but also because it is a pristine drinking water source, satisfying the Environmental Protection Agency’s standards of drinking water out of the ground. Other aquifers above th4e N-aquifer are brackish and not suitable for drinking water, or are low-yielding.

Peabody has been mining coal on the Hopi and Navajo reservations since the 1960s, following exploration agreements with the tribes.

Because of the concern at the time about possible damage to the aquifer caused by the massive water pumping (on average three million gallons a day), then-Interior Secretary Steward Udall included an escape clause to the agreement.

Yet despite numerous studies and now-obvious signs of negative impacts, the Office of Surface Mining Reclamation and Enforcement, an agency within the Interior Department, maintains that there has been no material damage, and it has failed to invoke the escape clause.

The Office of Surface Mining in Denver is now processing Peabody’s application for a “life of the mine” permit. Peabody has specifically requested to increase its water usage to more than 6,000 acre feet per year, approximately 50 percent more that it has historically used (an acre-foot is enough water to cover an acre of land one-foot deep).

The increased water withdrawals would continue for the next 20 years. OSM is expected to release its draft Environmental Impact Statement for the Peabody application next month.

“The use of over 1 billion gallons of precious, clean water is one of our nation’s most arid regions to slurry coal is a colossal waste,” said David Beckman, co-author of the original Drawdown report and project director of the Drawdown update.

“There are alternatives to this wasteful practice, such as using methanol-based slurry, substituting low-grade water, re-circulating the same water through the system more than once, or other forms of transport that do not rely on slurry,” Beckman said.

NRDC’s report recommends immediate action to conserve the N-aquifer water supply as well as long-term solutions that would reduce reliance on it. NRDC recommends that OSM deny Peabody’s request to increase N-Aquifer pumping; improve the N-Aquifer’s monitoring program; and work with the tribes to manage resources.

Finally, NRDC recommends that, with tribal consent, the N-Aquifer should be designated as a “sold source aquifer” by the U.S. Environmental Protection Agency, an action that would strengthen protection of this vital drinking water source.

NRDC works on Black Mesa in conjunction with many local partners, including Black Mesa Trust.

“The Black Mesa aquifer has been a source of pure drinking water for Native Americans for over a thousand years,” said Vernon Masayesva, former chairman of the Hopi Tribe, and current executive director of the Black Mesa Trust. “Peabody’s continued drawdown of this vital resource is an insult to our cultural and religious heritage.”

“Drawdown: An Update” incorporates technical analysis of water monitoring data provided by the environmental consulting firm LFR Inc.

originally found in the Navajo Times 30 March 2006 opinion section

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Reprinted under the Fair Use doctrine of international copyright law. posted without profit or payment for non-profit research, educational, and archival purposes only.

[Please note the "studies" on the C-Aquifer, one called Groundwater Flow Model of the C Aquifer in Arizona and New Mexico, prepared by S. S. Papadopulos & Associates, Inc., described as "prepared for the Salt River Project on behalf of the use of Mohave Generating Station Co-Owners." This is a very large pdf file, so it may take some time to download, depending on your connection. The other is the USGS "study." This is a much smaller file with a very auspicious sounding title, "Numerical Ground-Water Change Model of the C Aquifer and Effects of Ground-Water Withdrawals on Stream Depletions in Selected Reaches of Clear Creek, Chevelon Creek, and the Little Colorado River, Northeastern AZ."]

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