Hydroelectric  Dams Are Not Green

Hydroelectric Dams Are Not Green

Editor’s note: Hydroelectric dams are not green energy, despite many claims that they are. Hydropower kills rivers, displaces millions of human beings, drives anadromous fish and other life dependent on free-flowing rivers extinct, and actually releases substantial greenhouse gasses. This post includes a short excerpt from Bright Green Lies as well as an article detailing a destructive dam proposal in Bolivia.


Dams are Not Green Energy

Excerpted from Chapter 11: The Hydropower Lie of Bright Green Lies: How the Environmental Movement Lost Its Way by Derrick Jensen, Lierre Keith, and Max Wilbert

Once upon a time, dams were recognized for the environmental atrocities they are. Human beings understood that dams kill rivers, from source to sea. They understood that dams kill forests, marsh- lands, grasslands.

In the 12th century, Richard the Lionhearted (King Richard I of England) put in place a law forbidding dams from preventing salmon passage. In the 14th century, Robert the Bruce did some- thing similar for Scotland. His descendant Robert the III went even further, declaring that three convictions for killing salmon out of season would be a capital offense.

Fast-forward to today, when dams are claimed to provide “clean” and “green” energy.

Where’s Robert the III when you need him?

As recently as three decades ago, at least environmentalists still consistently opposed dams. But the coup that turned so much environmentalism away from protecting the real world and into a lobbying arm of favored sectors of the industrial economy has rhetorically turned dams into environmental saviors. And climate change activists are among the most relentless missionaries for the gospel of the green dam.

This issue is urgent. While here in the United States, no new large dams have been built in many years (although many shovel-ready proposals are waiting for public funding), large hydropower dams are being built around the world as quickly as (in)humanly possible.

Once again, environmental engineer Mark Jacobson is an exam- ple, as he always seems to be, of someone working hard to kill the planet in order to save it. His 100 percent “renewable” transition plans—and remember, bright greens and many mainstream environmentalists love this guy—call for building about 270 new large hydroelectric dams globally, each at least the size of the Hoover or Glen Canyon dams.6 He also calls for major expansions to existing dams by adding new turbines. His models rely heavily on hydro because solar and wind facilities are by their nature intermittent and unreliable.


In Bolivia, Indigenous groups fear the worst from dam project on Beni River

By Translated by Maxwell Radwin

  • More than 5,000 Indigenous people would be impacted by flooding from the construction of two dams in Bolivia, according to Indigenous organizations and environmentalists.
  • Successive governments have mulled the Chepete-El Bala hydroelectric project for more than half a century, and the current administration of President Luis Acre has now revived it as a national priority.
  • While Indigenous groups have successfully rejected the plan in the past, this time a group of 10 Indigenous organizations have signed an agreement with the state energy company approving feasibility studies.
  • If completed, the reservoirs for the project would cover a combined area larger than Bolivia’s capital, La Paz, and inundate an area that’s home to thousands of plant and animal species.

The Bolivian government has revived a long-held plan to build a hydroelectric plant in a corner of the country’s western La Paz department, sparking concerns about the potential displacement of more than 5,000 Indigenous people from the area.

The affected communities live in two protected areas, Madidi National Park and Pilón Lajas Biosphere Reserve and Communal Lands, parts of which would be flooded for the twin dams of the Chepete-El Bala hydroelectric project.

President Luis Arce, who served as minister of the economy in the earlier administration of Evo Morales, is following the same road map as his predecessor, who in July 2007 announced the original plans for the hydroelectric dams as a national priority.

Ruth Alipaz denuncia que más de 5000 indígenas de cinco naciones perderán sus territorios. Foto: Chema Formentí. dams are not green energy
Since 2018, there have been concerns that around 5,000 Indigenous people would be impacted by dam construction. Image courtesy of Chema Formentí.

The idea to generate hydropower in the Beni River Basin, specifically in El Bala Gorge, has been around for more than 50 years and given up on numerous times due to its economic unfeasibility and high environmental cost. The last time it was rejected by Indigenous communities was during the Hugo Banzer government in the late 1990s, before being nearly resurrected under Morales, Bolivia’s first Indigenous president.

Since then, the issue had largely faded for the six Indigenous communities that live in the area: the Mosetén, Tsiman, Esse Ejja, Leco, Tacana and Uchupiamona. The groups are now speaking out against the hydropower project, saying it would “cut off” the three rivers vital to their existence: the Beni and two of its tributaries, the Tuichi and Quiquibey.

“This would mean forced displacement and that means taking away our territory. We would be forced to leave our space, our ancestral domain,” said Alex Villca, a member of the National Coordinator for the Defense of Indigenous Peasant Territories and Protected Areas (Contiocap) of Bolivia. “We would be giving up what is most important: without territory there are no Indigenous peoples. This would be accepting a silent death. Wherever they take us, it would never be the same.”

The Indigenous leader said the problem goes even further. He said that in the Chepete mountains, some Indigenous peoples live in voluntary isolation — believed to be Mosetén, although there aren’t many studies to confirm this — and that they would be “totally” affected if the dams were constructed in the area. “We know from our brothers that there exists, in the peaks of the Chepete, a community in voluntary isolation that must be unaware of all these plans. Imagine how that would affect them if this project comes to fruition,” Villca said.

Tenders resumed

In 2021, Bolivia’s National Electric Energy Company (Ende) resumed the commissioning of the Chepete-El Bala project, announcing tenders for geological and geotechnical studies. The state-owned company said that in the case of the Chepete plant, the planned reservoir area would flood 46 square kilometers (18 square miles) of the total area of 3,859 square kilometers (1,490 square miles) of the Pilón Lajas reserve. The reservoir at El Bala, meanwhile, would cover 94 km2 (36 mi2) of the 18,895-km2 (7,295-mi2) Madidi park.

reservoir in the tropics - dams are not green energy
El Bala Gorge on the Beni River. Image courtesy of Chema Formentí.

In August, the Office of Indigenous Peoples of La Paz (Cpilap) signed an agreement with Ende authorizing the final design studies for the Chepete-El Bala project.

The agreement establishes that Cpilap must “allow the entry of Ende Corporation and its contracted companies to the areas of direct and indirect influence in order to carry out research, information gathering, socialization and data collection that allows studies, the creation of projects, to finalize the design to implement electric power generation, transmission and distribution.”

Villca spoke out against the signing of the agreement. “What worries us is that the tenor of the agreement is that it not only allows for complementary studies but also, in the future, allows Ende to start construction of the Chepete and El Bala hydroelectric plants. This is much more serious.”

Cpilap is a regional organization that brings together 10 Indigenous organizations in La Paz department: the Indigenous Council of the Tacana Peoples, the Office of the Indigenous Leco de Apolo, the Leco Indigenous People and Larecaja Native Communities, the Mosetén Indigenous Peoples Organization, the Indigenous Peoples of de San José de Uchupiamonas, the Esse Ejja of Eiyoquibo Indigenous Community, the Regional Council of T-simane Mosetén of Pilón Lajas, the Native Agroecological Community of Palos Blancos, the Tacana II Indigenous Communities of Rio Madre de Dios, and the Captaincy of the Araona Indigenous People. All of these organizations, according to Villca, are connected to Arce and Morales’s ruling party, the Movement for Socialism (MAS).

Gonzalo Oliver Terrazas, president of Cpilap, said five of the six affected Indigenous communities agreed with the hydropower project. The sixth community are the Mosetén, who didn’t sign the agreement. “This agreement doesn’t mean that the dam will be built,” he said. “The goal is to determine the feasibility or infeasibility of the project. Another important aspect that the agreement has is the social component, which we have included so that there can be electricity and housing projects.”

The Association of Indigenous Communities of the Beni, Tuichi and Quiquibey Rivers, an organization started in 2001 to defend the ancestral territories of the six Indigenous communities impacted by the project, has demanded that a prior consultation be carried out with the communities to approve or reject the project. The communities met over one weekend and decided to reject the government initiative, demonstrating that there are leaders for and against conducting feasibility studies for the project.

The hills of El Bala near the town of Rurrenabaque. Image courtesy of Chema Formentí.

“We remind [the government] that in 2016 there was a 12-day vigil and the expulsion of the Geodata and Servicons companies that had started work and studies in the territory without fulfilling a free, prior and informed consent [FPIC] consultation in good faith so as to receive the consent of the communities,” said a document published by the association.

Terrazas said the signing of the agreement with Ende doesn’t mean there won’t be consultation with Indigenous communities. He said that if the feasibility of the project is approved, a consultation will be carried out with the communities to approve or reject the construction of the hydropower plants.

In January 2018, Ende returned the prefeasibility study to the Italian company Geodata Engineering for correction. Geodata recommended “to postpone the development of the El Bala 220 hydroelectric plant until the conditions in the Bolivian energy market and abroad indicate that it is convenient to start its implementation.”

City-size reservoir

The project, which would start after a public tender is launched, would flood at least 662 km2 (256 mi2) of land for the two dams, according to Indigenous groups. Combined, the two reservoirs would cover an area five times bigger than Bolivia’s capital, La Paz. And if the dried-out salt lake of Poopó, in the department of Oruro, doesn’t recover, Chepete-El Bala would be the second-biggest lake in Bolivia after Titicaca.

The project calls for building the first dam in the Beni River’s Chepete Gorge, 70 km (43 mi) upstream from the town of Rurrenabaque, in the department of Beni, and the second near El Bala Gorge, 13.5 km (8.3 mi) upstream of the same town.

dams are not green energy
The town of Rurrenabaque, which would have two dams upstream. Image courtesy of Chema Formentí.

The Chepete dam would raise the water level to 158 meters (518 feet), forming a lake that would be 400 m (1,312 ft) above sea level. The dam at El Bala would raise the water level by 20 m (65 ft) and its reservoir would be 220 m (721 ft) above sea level. Unlike the Chepete dam, which would be a concrete wall, the dam at El Bala would consist of gates and generators in the middle of the river.

Extinction and displacement

According to the Solón Foundation, an environmental NGO, a total of 5,164 people would be relocated for the project, the majority of them Indigenous. The area is also home to 424 plant species of plants, 201 land mammals, 652 birds, 483 amphibians and reptiles, and 515 fish species. It’s not clear which species are most likely to go locally extinct as a result of the flooding, or how many would be affected.

The main fear of the Indigenous communities in the area is that the construction of both dams would mean forcibly displacing more than 5,000 residents. The construction of the second reservoir at El Bala, according to the Solón Foundation and Indigenous organizations opposed to the project, would flood the entire community of San Miguel del Bala. There’s no official information on a displacement plan for the communities more than 1,000 residents.

And with the construction of the Chepete reservoir, a little more than 4,000 Indigenous people would be displaced. All the populated areas affected by the reservoir, according to Geodata, have collective titles belonging to the Tacanas, Lecos and Mosetén peoples. Additionally, development on the river could interfere with the livelihoods of many residents, who fish and farm and, in more recent years, oversee communal tourism activities.

Chepete Gorge on the Beni River would be dammed to power a hydroelectric plant. Image courtesy of Alex Villca. - dams are not green energy
Chepete Gorge on the Beni River would be dammed to power a hydroelectric plant. Image courtesy of Alex Villca.

Valentín Luna is an Indigenous Tacana leader and head of the San Miguel del Bala community. Currently, there are at least 20 eco-lodges that have been built in the Madidi and Pilón Lajas protected areas. Most of these initiatives are managed by the local communities. Four of these eco-lodges would be flooded by the dams, according to Luna: one in Chalalán overseen by the Uchupiamonas, one run by San Miguel del Bala residents, one in Villa Alcira, and one run by the Chimanes and Mosetén of Asunción del Quiquibey.

For the Indigenous people who don’t want the dams in their area, the main worry isn’t the end of tourism. They fear that the six Indigenous groups will disappear along with it.

This piece first appeared in Mongabay.


Banner image of Chepete Gorge on the Beni River, located 70 kilometers (43 miles) upstream of the village of Rurrenabaque. Image courtesy of Alex Villca.

Will Falk’s Life-Centered Writing

First Nations unite to fight industrial exploitation of Australia’s Martuwarra

First Nations unite to fight industrial exploitation of Australia’s Martuwarra

This story first appeared in Mongabay.

By

  • The Fitzroy River in the Kimberley region of Western Australia, one of the country’s most ecologically and culturally significant waterways, is facing proposals of further agriculture and mining development, including irrigation and fracking.
  • In response, First Nations communities in the region have developed different methods to promote the conservation of the river, including curating cultural festivals, funding awareness campaigns, and working with digital technologies.
  • First Nations land rights are held along the length of the Fitzroy River, the first time this has occurred across an entire catchment area in Australia.
  • The catchment is the last stronghold of the world’s most “evolutionarily distinct and globally endangered” species, the freshwater sawfish (Pristis pristis) and is home to the threatened northern river shark (Glyphis garricki).

WEST KIMBERLEY, Australia — November marks the end of the dry season in the Kimberley, the northernmost region of Western Australia, the country’s largest state. As the monsoonal rains start to fall, the country comes alive with the cries of red winged parrots (Aprosmictus erythropterus) and the Fitzroy River begins to run.

Stretching more than 700 kilometers (435 miles), the Fitzroy River is one of Australia’s most powerful waterways, a free-flowing system that passes through range, savanna and desert country to empty into the Indian Ocean each year.

Anne Poelina, a Nyikina Warrwa traditional Indigenous custodian of the river, said it’s her duty to care for the Martuwarra, the river’s original and enduring name.

“Martuwarra is a living, ancestral being,” she said. “It has a right to life, to live and to flow. We live by an obligatory law to protect the River of Life. It is the essence of our spirituality, identity, culture and law.”

The river was granted National Heritage Listing in 2011 due to its spiritual, cultural and environmental values. Native title, a federally recognized titling to traditional Indigenous lands and waters, is now held along the entire length of the river, the first time land rights have been held across an entire catchment area in Australia.

The Fitzroy is also the last stronghold of the world’s most “evolutionarily distinct and globally endangered” species, the freshwater sawfish (Pristis pristis). According to a 2019 study, its continued existence in the waters is due to the low level of human disturbance — namely mining and agriculture — compared to other rivers around the world. The authors recommended that any “further anthropogenic disturbance [to the Fitzroy River] should be minimized to maintain what is still a relatively pristine habitat.”

However, on the world’s driest inhabited continent, these life-giving waters are now a source of contention. Currently, agricultural and mining development proposals are being assessed to develop the Fitzroy catchment and the greater Kimberley region.

Such is the cultural significance of the river, that proposals have been met with scrutiny by traditional owners, and have led some to implement methods to preserve the river’s cultural and ecological significance.

Agriculture debate continues as fracking proposals arise

Chief among the industrial proposals earmarked for the Fitzroy are those linked to agriculture. Pastoral opportunities have long been debated in the Fitzroy catchment, with dams unsuccessfully planned along the river since the 1990s. In 2018, however, the incumbent state government pledged that there would be no future dams along the Fitzroy or its tributaries.

Despite this, the future of the Fitzroy remains uncertain. First announced in November 2020, the WA state government is currently assessing the feasibility of allowing up to 300 billion liters (79 billion gallons) of surface water to be taken out of the river each year through irrigation development to grow fodder for livestock. Conservationists say this will affect the flow of the river and, consequently, the diverse and unique ecosystem it supports, with threatened species including the northern river shark (Glyphis garricki), one of the world’s rarest fish.

While the debate rages on over pastoral activities in the catchment, there are other questions being raised about opening up the catchment to hydrofracturing stimulation.

Commonly known as fracking, hydrofracturing stimulation is an extractive process that involves injecting a high-pressure fluid made of sand, water and chemical additives into a drilled well to crack the rock and free natural gas from deep underground.

As much of the Fitzroy catchment sits on the Canning Basin, the largest shale gas reserve in Australia, the region has become a central focus of the federal government to boost the country’s post-COVID-19 economic recovery and strengthen the local energy market.

As Mongabay previously reported, a 2016 moratorium on fracking in WA state was lifted three years ago, allowing fracking in just 2% of the state. Much of that area falls in the western Kimberley, including parts of the Fitzroy catchment. In October 2021, the state government further backtracked on this minor concession and granted an exemption to the policy for an oil and gas company, Bennett Resources.

A subsidiary of Texas mining company Black Mountain Metals, the company has proposed drilling 20 exploratory wells, one of which lies just a kilometer (0.6 miles) from a tributary of the Fitzroy.

Bennett Resources did not respond to requests for comment from Mongabay. However, the company announced that it is seeking to extract up to 900 terajoules (953 million cubic feet) of gas a day once the gas fields peak.

In Australia, companies are able to secure mining leases that incorporate land recognized as native title. Rather than grant First Nations complete autonomy over their land, native title legislation mandates that communities enter into negotiations with mining companies regardless of whether they welcome industry on their land or not. Consequently, mining leases can incorporate the lands of multiple groups divided over development. As such, while the wells proposed by Bennett Resources are located in the territory of one community that has entered into fracking agreements, other groups on the lease either remain opposed to the process or are still undecided.

Roger Cook, the WA minister for state development and deputy premier, did not respond to requests by Mongabay for comment on industrial development in the Fitzroy catchment. However, in October, Cook told national broadcaster ABC that the exemption for Bennett Resources was granted because the project would help build gas pipelines to connect the area to the broader WA energy network.

Just how significant the resulting pipeline will be or whether it will cross native title land or the river itself remains to be seen.

Bennett Resources’ proposal says potential impacts could include contamination of surface aquifers due to well integrity failure. WA’s Environmental Protection Authority is currently assessing the proposal to ascertain whether the catchment will be compromised and the effects on species.

A festival to protect the river

For Joe Ross, director of the Bunuba Dawangirri Aboriginal Corporation, his connections to the river are ancient. An Indigenous Bunuba man whose ancestors come from the area, Ross is a seasoned advocate for the protection of the Fitzroy River catchment. In the late 1990s, he was influential in stopping the damming of the river for irrigation proposals.

In July this year, Ross organized a festival on his ancestral territory of Danggu, also known by its colonial name, Geikie Gorge. Named Yajilarra, meaning “let us dream” in the Bunuba language, the three-day festival included traditional stories told through stage performance. According to Ross, this enabled Bunuba children to interact with their elders and explore their identity.

“The aim of the festival was to celebrate our culture and revitalize our language,” Ross told Mongabay. “In doing so, we were promoting local industry, leadership for our younger people and our connection to country and the river itself.”

Following this, the festival featured a night of music and discussion about the river’s cultural and ecological values, bringing together some of the most influential and powerful individuals and corporations in Australia, including Australia’s richest man, mining mogul Andrew Forrest.

Significantly, Forrest’s investments in the Kimberley in recent years relate to the industrial proposals the Fitzroy catchment now faces. In 2019, Forrest’s privately owned energy company, Squadron Energy, bought into fracking interests in the western Kimberley. And in December 2020, he finalized a deal that saw the purchase of two pastoral stations bordering the Fitzroy River, giving livestock access to the water.

“We are passionate about the unique environment of the Kimberley, and the precious waterway and lifeforce that is the Fitzroy River,” Forrest said in a media statement last year.

“We strongly believe in the principle of balancing the need for sustainable agriculture and job creation for local communities, with the need to preserve culture and heritage sites, while restoring the land and its original fauna to its natural habitat.”

However, shortly after the Yajilarra festival, Squadron Energy abandoned its fracking interests in the Kimberley, calling the move a strategic decision given that the process is at odds with the organization’s climate policy.

For Ross, the festival achieved what it set out to.

“The feedback we have received is that the Yajilarra festival was as good as could be,” he said. “What this shows is that we have the capacity to continue these events, to promote our culture and to build ongoing dialogue about the future of the Kimberley.”

A campaign to encourage public engagement

The Kimberley Land Council (KLC), one of Australia’s most prominent First Nations land rights organizations, has also backed proposals to protect the Fitzroy catchment. Though the KLC is tasked chiefly with advocating for its member communities, taking a stand against disputes is rare given the organization is constantly entering into negotiations with government and industry. However, the KLC’s stance became unequivocable in regards to the future of the river.

Declaring that traditional owners “have never consented to the extraction of water and oppose development of the river and its floodplain,” the KLC encouraged the general public to support the protection of the river. This was done by making submissions to the state government’s call for public consultation titled the “Fitzroy River Water Discussion Paper.”

The KLC followed this through with an awareness campaign that involved running an advertisement in WA’s highest-selling daily newspaper. This resulted in more than 43,000 submissions to the discussion paper, one of the largest results in public feedback for an environmental issue in state history.

According to a media statement by the KLC, the river should be preserved in its current state as a cultural and linguistic landscape.

“The cultural management of the Fitzroy River catchment is a responsibility that traditional owners have had since creation and take very seriously,” said the organization’s CEO. “Traditional owners have not consented to large-scale irrigation extraction processes and want to see the river protected as a healthy and thriving ecosystem.”

New media and digital technologies

When the proposals began, Anne Poelina, an adjunct senior research fellow with the University of Notre Dame, Australia, who focuses on Indigenous environmental policy, was driven to act, given the risks she felt were posed to the river system and beyond.

“The first element that needs to be acknowledged is that we believe these living water systems are already fully allocated,” she said. “Any alteration to the river, the taking of water or the compromising of the catchment, will impact our lifeways, our culture, our conservation and our values.”

Concerned at the potential for industry to hinder the flow of the river and its consequential effects on culture and ecology, Poelina, as executive chair, helped unite six native title nations along the river together to form the Martuwarra Fitzroy River Council (MFRC).

Formed in 2018, the MFRC brought nations from across the river’s reaches into a united body through which to engage with government and industry. Under Poelina, the council used digital technologies to promote the cultural and ecological values of the river, producing multiple films to encourage traditional owners throughout the catchment to promote the multiple values of the river.

Floodplain of the Fitzroy River with Willare and King Sound in the far distance. Image courtesy of Yaru Man via Flickr (CC BY-NC-ND 2.0).

“Digital storytelling has had a remarkable impact,” Poelina said. “We have a global platform from which to discuss our relationship with the river and the response to our work has been overwhelming. We have been asked to address global forums and be a part of multiple film festivals around the world.”

These resources have also helped in the preservation of Indigenous and scientific knowledge. By engaging with scientists and geographers, Poelina has been able to orchestrate studies that have confirmed the ecological, cultural and legal significance of the river country, one of which has included Martuwarra itself as a co-author. This has advanced the argument for legal recognition of the river as a living ancestral being and granting it certain rights.

“We have also used technology to create a whole database of maps, like the water and vegetation types of the river,” Poelina said. “This has helped map and conserve our cultural heritage, our songs and our ongoing, ancestral connection to the Martuwarra.”

Questions for the future

Anthony Ingraffea, the Dwight C. Baum professor of engineering emeritus at Cornell University, told Mongabay there’s no straightforward way to answer how many fracking wells would be needed to produce Bennett Resources’ goal of extracting up to 900 terajoules of gas a day.

Drawing on examples from the United States, Ingraffea said that at a certain rate and with advanced technology, “it would take a few hundred wells to produce 850 million cubic feet a day over a sustained period of time.”

However, he said that in any case, three factors are at play: the length of time for a certain production rate, how quickly the operator can put wells into production, and the quality of the shale gas produced.

“All shale gas wells experience what is called a decline curve of production, that is, the rate of production rapidly decreases over time,” he said.

Ingraffea highlighted a case in Texas in which approximately 2,000 wells were drilled over a cumulative period of six years to produce 850 million cubic feet a day, the same output that Bennet Resources is aiming for.

Given the significance of the Fitzroy River’s aquatic and mineral resources, the future of the catchment will be discussed at all levels of government as the feedback from the Fitzroy River Water Discussion Paper is released and future fracking development is proposed.

Ross and Poelina say they would like to ensure that the ecological and cultural significance of the river to First Nations communities is taken into account in that conversation.

“The Kimberley is one of the last places in the world that has not been taken over by mass industrialization,” Poelina said. “Our people have walked this country since the dawn of time, we know it better than anyone. We want to continue to care for the land as she looks after us.”

Fitzroy River, downstream from Fitzroy Crossing Bridge. Image courtesy of Yaru Man/Flickr.

Citations:

Lear, K. O., Gleiss, A. C., Whitty, J. M., Fazeldean, T., Albert, J. R., Green, N., … Morgan, D. L. (2019). Recruitment of a critically endangered sawfish into a riverine nursery depends on natural flow regimes. Scientific Reports9(1). doi:10.1038/s41598-019-53511-9

RiverOfLife, M., Poelina, A., Bagnall, D., & Lim, M. (2020). Recognizing the Martuwarra’s First Law right to life as a living ancestral being. Transnational Environmental Law, 9(3), 541-568. doi:10.1017/S2047102520000163

Banner image: The Freshwater Sawfish (Pristis pristis) is the most Evolutionary Distinct and Greatly Endangered (EDGE) animal in the world. Its last stronghold is the Fitzroy River catchment. Image courtesy of Peter Kyne/Wikimedia Commons.

Dakota Access Pipeline resister stands with integrity in face of long prison sentence

Dakota Access Pipeline resister stands with integrity in face of long prison sentence

Sentenced to eight years in prison for acts of sabotage, water protector Jessica Reznicek reflects on her faith-driven resistance.

By Cristina Yurena Zerr

This article was first published in the German newspaper taz, and has been translated and edited for Waging Nonviolence.

On June 28, the federal court in Des Moines, Iowa was silent and filled to capacity. Fifty people were there to witness the sentencing of 40-year old Jessica Reznicek, charged with “conspiracy to damage an energy production facility” and “malicious use of fire.” The prosecution, asking for an extended sentence, argued that Reznicek’s acts could be classified as domestic terrorism.

This was not the first time Reznicek had been on trial, but this time she was facing a prison sentence of up to 20 years.

Sitting across from her was U.S. District Court Judge Rebecca Goodgame Ebinger, the prosecutor and an FBI agent. Numerous police officers in bulletproof vests stood around the courtroom. The defendant was called upon to give her closing speech.

In her loud, clear voice, Reznicek told them about her strong connection to the water. In her childhood she regularly went to the river to swim and play. But that’s no longer possible, she said, because the two rivers that run through Des Moines — Iowa’s capital — are now poisoned by agrobusiness pesticides and waste.

It was for these very personal reasons that she decided to fight the construction of the Dakota Access Pipeline, Reznicek told those in attendance. At least eight leaks, she explained, had already occurred in 2017, with 20,983 gallons of crude oil leeching into soils and the waterways. “I was acting out of desperation,” she said, describing her motivations for sabotage.

“Indigenous tradition teaches us that water is life. Scripture teaches that in the beginning, God created the waters and the earth and that it was good.” With these words, she ended her closing argument. The prison sentence followed shortly thereafter: eight years in federal prison, three years of probation, and a restitution of $3,198,512.70 to the corporation Energy Transfer.

The Des Moines River (Cristina Yurena Zerr)

On July 24, 2017 — two years before sentencing — Jessica Reznicek can be seen in a shaky video with her activist partner Ruby Montoya, a former elementary school teacher who was 27 at the time. They stand in front of a group of journalists next to a busy street. The speech they give would drastically change their lives.

After several months of secretly sabotaging one of the country’s most controversial construction projects, the two women, whose paths would later part, went public. “We acted for our children because the world they inherit does not meet their needs. There are over five major bodies of water here in Iowa, and none of them are clean. After having explored and exhausted all avenues of process, including attending public hearings, gathering signatures for valid requests for environmental impact statements, participating in civil disobedience, hunger strikes, marches and rallies, boycotts and encampments, we saw the clear refusal of our government to hear the people’s demands.”

That’s why Reznicek and Montoya burned five machines at a pipeline construction site in Iowa on election night in November 2016. They would later change their methods, using a welding torch to dismantle the pipeline’s surface-mounted steel valves, delaying construction by weeks. “After the success of this peaceful action, we began to use this tactic up and down the pipeline, throughout Iowa,” the two women say.

But no media reported on their activities; the corporation cited other — false — reasons for the delay. When the activists noticed during an action that oil was already flowing in the pipes, they decided to go public, as they had to admit a kind of defeat.

The two women appear clear and determined on this day in the summer of 2017 as they take turns reciting their pre-written text. “If there are any regrets, it is that we did not act enough.” They end their speeches and are led away in handcuffs by three police officers.

Using the slogan “Mni wiconi,” meaning “Water is Life,” in the Lakota (Sioux) language, a broad movement was organized in 2016 against the construction of the Dakota Access Pipeline. The protest of the Standing Rock Sioux tribe garnered national and international attention.

The tribe sees the construction of the pipeline as a threat to their water supply because the pipeline runs under Lake Oahe, which is near the reservation. Other bodies of water are also at risk because the pipeline crosses under rivers and lakes in many places, which could contaminate the drinking water of many people in the event of an accident. In addition, ancient burial sites and sacred places of great cultural value would be threatened by the construction. Opponents of the pipeline speak of ecological racism — not only because Indigenous rights to self-government would be curtailed, but also because the construction of so-called Man Camps (temporary container cities for construction workers who move from other states) would lead to prostitution and an increase in violence against Indigenous women.

Their government — the Sioux Tribe is a sovereign nation — issued a resolution back in 2015 saying the pipeline “poses a serious risk to the very survival of our tribe and […] would destroy valuable cultural resources.” Construction would also break the Fort Laramie Treaty, which guarantees them the “undisturbed use and occupation” of reservation land. But their arguments went unheard by both the company and the government.

The operating company said the pipeline would not harm the environment, would not affect Indigenous rights and would not pose a threat to drinking water supplies. But the protest, which stretches across several states along the pipeline, has developed into one of the largest environmental movements in the United States. Native Americans from different nations and reservations are joining, along with landowners, environmental organizations and left-wing autonomous movements.

Reznicek first heard about the pipeline when she was released from prison six years ago, after serving a two-month stint for her protest against a U.S. military weapons contractor in Omaha, Nebraska. An organizer from Standing Rock had come to Des Moines to mobilize people for the protest. “I decided that I wanted to learn more about Indigenous ceremony, understanding that I am a white person, I cannot just go in and express my demands. And I also wanted to focus on stopping the Dakota Access Pipeline Project. So I drove up to Standing Rock.”

The Colorado River Runs Again

The Colorado River Runs Again

This article originally appeared in Yes! Solutions Journalism.

Featured image: Local residents and kids enjoy the recreational benefits of the flowing river resulting from the planned water releases. PHOTO COURTESY OF RAISE THE RIVER, JESÚS SALAZAR

“It’s not only about wildlife, or birds and trees. It’s also about the people.”


By Lourdes Medrano

In late spring, Antonia Torres González’ tears rolled freely at the rare sight before her: the Colorado River flowed again in what is usually a parched delta.

Torres González, a member of the Cucapá tribe who grew up in the river delta, couldn’t help but relive memories of childhood romps in the once-lush waterway in northwestern Mexico. “It was like seeing the river come back to life,” she says.

Public News Service · Colorado River Flows Once Again to Gulf of California

On May 1, 2021, the river once again flowed in its delta thanks to an agreement between the United States and Mexico dubbed Minute 323. Through Oct. 11, a total of 35,000 acre-feet of water (11.4 billion gallons) will be released downstream from Morelos Dam on the U.S.-Mexico border to quench the thirst of this long-withered ecosystem.

The mammoth endeavor to rejuvenate the river delta was years in the making and involved dozens of people, including water managers, policymakers, scientists, conservationists, and nonprofits from both sides of the border.

In March 2014, a planned release from Morelos Dam sent water into the dry Colorado River Delta, connecting this river to the sea for the first time in many years. Photo courtesy of Raise the River, Peter McBride.

“We provide a lot of brainpower and blood, sweat, and tears, and commitment to this,” says Nancy Smith, Colorado River Program conservation director at the Nature Conservancy.

A History Dried Up

The decadeslong deterioration of the Colorado River Delta began with the diversion of most of its water to farms and growing city populations in the United States, and by the early 1960s, very little flow made it to the river’s lower reaches. Under a 1944 treaty, 1.5 million acre-feet of water—about 10% of the river’s annual flow—was required to reach Mexico each year, though most of that drenches farmland in the valley of Mexicali, Baja California, without ever reaching the delta that should reconnect the river to the Gulf of California, also known as the Sea of Cortez.

From the air, the green of a restored site provides a stark contrast to the arid landscape of today’s Colorado River Delta. Photo courtesy of Raise the River, Jesús Salazar.

Recent agreements between the countries, including this year’s pulse as well as another eight-week pulse of water back in 2014, ensure collaboration in restoring the delta and managing river water, sharing surpluses and shortages.

The restoration work that grassroots organizers jump-started in the delta region some two decades ago—including the removal of nonnative vegetation and reforestation of thousands of acres of willow, cottonwood, and mesquite trees—would in time become a key factor in the cross-border undertaking. “We had a vision that someday the Colorado River could be connected again to the sea and to local communities,” says Francisco Zamora of the Sonoran Institute in Tucson, Arizona. The nonprofit, which also has offices in Mexicali, works with communities to revive dying ecosystems.

Beginning in May 2021, strategic releases of water into the network of restoration sites in the Colorado River Delta were designed to maximize the impact of limited resources. Photo courtesy of Raise the River, Jesús Salazar.

To see the river flowing into the delta today, albeit temporarily, gives him hope that local communities may one day again rely on it for sustenance and recreation. Over the years, restoration work not only has provided local residents with jobs, but also inspired them to believe that the delta can flourish again. Zamora says seeing the river flowing has reinforced that notion, even for young people who had never seen it happen before.

“It’s not only about wildlife, or birds and trees,” he says. “It’s also about the people.”

People-Centered Conservation

Torres González remembers the Colorado River delta as an abundant source of water that sustained multiple generations of Cucapá families living on its banks. “When I was a child, the river was still flowing,” she says. “We bathed in it, we played games, we fished there. We used to drink water from the river, and most of our families used the water to do the wash and for other household chores.”

Gradually, the fish and the water flows diminished, as did the lush, native trees, and other vegetation that families traditionally used for food and medicine, recalls the tribal elder who now lives in a Mexicali neighborhood. “We no longer consume what grew naturally in the wetlands that were there,” Torres González says.

This year’s water delivery will allow nearby communities to enjoy the river again for five months, and directly benefits about 700 acres of restored landscape, Zamora says. “This is an area where you can find many species of birds and some are what we call target species, like the yellow-billed cuckoo.” To thrive, target species require mature cottonwood and willow forest, so their presence in the delta is a good indicator that the habitat is improving and suitable for such birds, he says.

The Laguna Grande Interpretive Center explains the strategic restoration process implemented at this site by the Sonoran Institute. Photo courtesy of Raise the River, Lynne Bairstow.

The Sonoran Institute and the Nature Conservancy are part of Raise the River, a coalition of environmental groups from Mexico and the U.S. working to restore the river delta. “The Colorado River Delta used to cover 2 million acres,” Smith says. “It was this vast, watery landscape teeming with birds—really quite extraordinary.”

Smith has no doubt the delta can make a comeback. “One of the really wonderful things we learned from the 2014 pulse flow is that with water, the ecosystem responds,” she says. “The birds return, the cottonwoods and willow trees return, the local and migratory birds have increased—many of which are endangered.”

The 2014 pulse flow released downstream, known as Minute 319, was roughly 105,000 acre-feet of water (about 1% of the river’s annual flow) and transformed the dry delta into a river again for eight weeks. Subsequent scientific studies showed the water release was a boost to vegetation, greening restoration areas and increasing certain bird species—at least for a while. Even though the abundance of birds later diminished, levels remained higher than before 2014, according to a 2018 report from the International Boundary and Water Commission.

By mid-June 2021, the strategic releases of water enabled the Colorado River to once again connect with the Gulf of Mexico, reviving its dormant estuary. Photo courtesy of Raise the River, Jesús Salazar. 

Lessons learned from the first water surge helped design the current water delivery to maximize benefits to the delta, Smith says. To keep the water from seeping into the ground early on, which happened in 2014, existing irrigation canals are being used to direct the flow toward restoration sites. Nonprofits and grassroots groups also fund on-the-ground projects in the delta and contribute donor resources to match those of the U.S. and Mexico governments.

“We work hand in hand with the government to do all the science necessary to make sure that we keep making progress and to make sure that whatever environmental water comes across the border is put to the best use,” Smith says.

A Hopefully Wetter Future

For Torres González, seeing the river flowing again, if only briefly, restores her hope in the delta’s resiliency—just like it did her mother, Inocencia González, before she died in June 2021.

“It would benefit us a lot if the water reaches the delta regularly again,” she says. “In this water flow we saw that there were a lot of small fish that could have grown in this river, and it would’ve meant good fishing for the Cucapá.”

As drought and climate change further strain a dwindling Colorado River and other natural resources around the globe, Smith says, international agreements may become more important. She hopes the U.S.-Mexico collaboration will bring about similar arrangements elsewhere.

“If we can restore the river, it will benefit a lot of people, but it also shows that we can protect nature, we can restore nature,” she says. “And if we can do it in the Colorado River, we can do it in other parts of the world.”


LOURDES MEDRANO is an independent writer covering the U.S.-Mexico border. She focuses on illegal immigration, underserved communities, the environment, health, and matters of importance in both the U.S. and neighboring Mexico. She previously worked for daily newspapers, including the Star Tribune in Minneapolis and The Arizona Republic in Phoenix. She is a member of Investigative Reporters and Editors, NAHJ, and the Society of Environmental Journalists. Lourdes is based in Tucson, Arizona, and speaks English and Spanish. She can be reached via Twitter direct message or LinkedIn.

CONNECT:  LinkedIn  Twitter

Clearcuts and Poisoned Rivers with Will Falk and Joshua Wright

Clearcuts and Poisoned Rivers with Will Falk and Joshua Wright

This podcast features two interviews. First, we speak with Joshua Wright about current logging of old-growth forest in the Mattole River Watershed, as well as on Vancouver Island and in Alaska. Second, we speak with Will Falk. Will is currently journeying the length of the Ohio River (the most polluted river in the United States) exploring the history and ongoing colonization and desecration of the watershed.

Will Falk’s work can be found at:

Joshua Wright’s work can be found at:

Music:

Photos by Joshua Wright depict logging and threatened forests in northern California.