- Federal regulators have given Native American tribes more power to block hydroelectric projects on their lands.
- The Federal Energy Regulatory Commission previously allowed developers to proceed even if tribes objected, but now tribes can immediately veto proposals.
- A spokesperson for the Navajo Nation’s Office of the President said the policy change recognizes and respects tribal sovereignty.
Federal regulators have given Native American tribes more power to block hydroelectric projects on their lands, as applications to expand renewable energy in the water-scarce Southwest U.S. mount.
Previously, the Federal Energy Regulatory Commission had given permission to developers to proceed with their plans even if tribes objected. That practice ended last week. Now, new commission policies allow tribes to immediately veto proposals and force companies to cooperate if they want the federal government to grant them exclusive rights to hydropower projects. Ru.
“This is a recognition and respect for tribal sovereignty, which is extremely important,” said George Hardeen, a spokesman for the Navajo Nation’s Office of the President.
Sparking calls for reform as major US power source threatens to disappear due to red tape
The Federal Energy Regulatory Commission recently rejected seven proposals for projects on the Navajo Nation, which spans 27,000 square miles across Arizona, New Mexico and Utah. In announcing these denials, the commission also announced a policy change that would give tribes the same authority as federal agencies to block projects.
A school bus is seen in Oljato Monument Valley on the Navajo Reservation in Utah on April 27, 2020. Federal regulators have given Native American tribes more power to block hydropower projects on their lands after a flurry of applications to expand renewable energy. in the water-scarce southwestern United States. (AP Photo/Carolyn Custer, File)
“This is true anywhere a hydropower project might be proposed on tribal lands across the country,” said Aaron Paul, an attorney with the conservation group Grand Canyon Trust.
The Hopi Nation, which is completely surrounded by the Navajo Nation, asked the commission to formalize its policy announcements, fearing that a change in government would change policy to the tribe’s disadvantage.
Canada’s $1 billion hydropower project to be renegotiated due to cost increases
Hydropower projects are essentially large batteries that produce energy when demand is high and there aren’t many other renewable energy sources, such as solar or wind, available. Hydropower can be turned on when needed and works by releasing water from the upper reservoir to the lower reservoir.
Then, when there is excess power on the grid, water is pumped in a loop back to the upper reservoir to recharge the batteries.
As coal-fired power plants close in the Southwest, developers are showing renewed interest in building such pumped hydropower projects. The region’s canyons, towering mesas, and dramatic canyons are ideal terrain because the project requires moving water between different elevations.
Environmental groups and some members of the Navajo Nation argue that the project would require vast amounts of water, especially in parts of the country that already don’t have enough water. About one-third of the Navajo Nation’s population of 175,000 do not have running water in their homes.
People are sensitive to how scarce water is and are “more likely to say ‘no’ to these types of projects,” Hardeen said.
Among the rejected proposals was one from Nature and People First. For example, the company told federal regulators it wanted to build its Black Mesa East project on the Navajo Reservation in Arizona, with two upper reservoirs with a combined capacity of 100,000 acre-feet and the same total storage capacity. It is planned to have a single lower reservoir. . An acre-feet of water supplies water to two to three homes per year.
The project is proposed near a lease on a homestead that has been owned by Jeremy Young’s family for generations. He is satisfied that the committee prevented it. The area surrounding the mesa is rugged, quiet, and vast, requiring water to be brought in.
“That’s where my dad is from, that’s where his dad’s from,” Young said. “The sentimental value of the land – its story and history – was the biggest concern.”
The Navajo Nation told federal regulators that the company did not consult with appropriate tribal officials and address key concerns about water use and damage to habitat for golden eagles and other species. . Hardeen said developers would first have to go through the Navajo Nation Department of Natural Resources.
Dennis Payer, president and CEO of Nature and People First, said the committee’s decision was “undeniably disappointing.” The company secured support from the local Navajo community and discussed projects with Navajo government officials that would create jobs.
“Developing pumped storage energy projects is inherently difficult. This additional obstacle threatens to halt our joint efforts,” Peyre said.
The company submitted a proposal for a much larger project than it planned to build, giving it the flexibility to build a smaller project on land it determined was best after research and tribal consultation.
According to the Center for Biological Diversity, an environmental group, such an approach and using that amount of water will spark opposition.
“If you’re going to propose a small project, actually propose a small project,” said Taylor McKinnon, the center’s Southwest director.
The Federal Energy Regulatory Commission also rejected a proposal from Rye Development, which said it would emphasize intertribal consultation and continue to study opportunities on tribal lands.
Malcolm Wolf, president and CEO of the National Hydropower Association, an industry group, said he supports tribes’ right to cancel projects they don’t want. But he said new policies could cause the plan to be halted early.
The commission denied preliminary approval for seven projects, which only acknowledged the companies as prime candidates to develop the projects and allowed for further studies. Developers must consult with the tribe before obtaining a license and beginning construction.
Maine hydropower project to restart despite $500 million price hike
Companies don’t want to spend years working with tribes to go through a complicated permitting process only for another company to jump in and win rights to the project at the last minute, Wolf said. .
One company quickly caught up in the new policy is pumped storage power plants, which are seeking preliminary permits for projects near the Little Colorado River on Navajo land in Arizona. In light of the new policy, the committee sought further input from those who could potentially be affected before deciding what to do.
Company manager Steve Irwin said pumped storage is important but difficult to build on Navajo land.
“There is no clear path to doing business on this reservation,” Irwin said. “It’s like you need 100% unanimity. It’s like you need 100%, not a majority, but you’ll never get 100%.”
