Resisters ordered off site

Contractors to move into Desert Rock site today

By Kathy Helms
Diné Bureau, Dec. 21, 2006

SHIPROCK — Resisters blocking access to the proposed Desert Rock plant site were told to break camp Wednesday by a Shiprock District Court judge, and Frank Maisano of Sithe Global says contractors are moving in today.

"We have given them ample opportunity. We have gone the extra mile to respect their views and make sure that they're heard, that they got the meetings that they wanted to get," he said.

Diné Power Authority brought them firewood and necessities upon the encouragement of Vice President Frank Dayish Jr. to make the resisters comfortable.

Maisano said, "Look, if we wanted to kick them out, we wouldn't have been arranging meetings, respecting their views, bringing them necessities.

"The vice president, the president, George Arthur and tribal council members have all been up there, taking time out of busy schedules to meet and chat and discuss issues with those people, as they have many times. This isn't the first time we've had these discussions."

Maisano said they had been talking for nearly three years. "As far as I know, their positions haven't changed that much. We've heard their views before.

"They wanted to see the permits, we've showed them all the permits. We have the legal permission to be doing the preliminary test well work that we're doing.

"With regret, we have asked the court to give us our legal right, too, to get into that site and do the work that we've been given permission to do," Maisano said.

A notice to resisters sent Tuesday by an Albuquerque law firm on behalf of DPA and Desert Rock Energy, said the companies "hereby demand that any persons or other entities now occupying the 591.84 acre project site ... immediately vacate and remove themselves from the site and allow any and all access to the site" by developers.

The notice said that if the resisters "do not immediately do as demanded above," that DPA and Desert Rock Energy would seek injunctive relief against them, including a temporary restraining order.

"The court issued an order today giving us the ability to go to the site. The $100,000 question is what will happen (today) when the contractor shows up to go," Maisano said late Wednesday evening.

He referred to the Navajo Nation Council's 66-7 vote of support for the Desert Rock Energy Facility.

"The president ran on this as a major part of his plank, and won re-election," an indication that the Navajo Nation wants to do the project, according to Maisano.

"When you hear President Shirley, when you hear the type of conversations that they had, and his dogged support for what he thinks is the right thing to do for the future and the direction of the Navajo Nation, you almost have to respect his doggedness and support for the project as much as those people who oppose the project support their views.

"To me, that's a strong statement of how important this project is," Maisano said.

An plea went out Wednesday evening from Enei Begaye of Black Mesa Water Coalition.

"Desert Rock Resisters, many of whom are Navajo elders, have been served papers of temporary restraining orders and an immediate injunctive relief on behalf of the Diné Power Authority/Sithe Global. Still they remain firm in their blockade of the Desert Rock power plant!" she said in an emailed alert. "They have requested that any and all people join them. If you are able to travel to the Navajo Reservation in the northwestern part of New Mexico, please stand with them!"

 

 

originally found in the Gallup Independent

        


Reprinted as an historical reference document under the Fair Use doctrine of international copyright law. http://www4.law.cornell.edu/uscode/17/107.html