Editor’s Note: The Indigenous Women of Peehee Mu’huh have set up an Indigenous Women’s Camp (Ox Sam Newe Momokonee Nokutun) blocking the construction of a water pipeline for Lithium Nevada’s open-pit lithium mine. The land is a historic site, and has witnessed two massacres of indigenous people. The following text was written by Paul Cienfuegos, Founding Director, Community Rights US. We share it here to update you on the latest happenings at Thacker Pass. This piece is also a call for action for all to share the word and help the movement in any way that they can. More information can be found at the Indigenous Women’s Camp website oxsam.org. Thank you for reading.
Last Thursday, May 11th, the next nationally significant Standing-Rock-like prayer and action camp at Thacker Pass, Nevada (Pee’hee Mu’huh in the Paiute language meaning “rotten moon” named for the massacre of Paiute ancestors in 1865) was launched to try to stop the construction of what would become the largest open pit lithium mine in the world, as a false and ecologically devastating “green energy solution” to our fossil fuel woes.
I am proud to have played a small role in this just launched camp which only days ago was given a proper name by the Paiute Shoshone women elders who are in charge: Ox Sam Newe Momokonee Nokutum. Ox Sam was one of only a few surviving members of the 1865 massacre of dozens of Native people at Thacker Pass. And Newe Momokonee Nokutum translates as Indigenous Women’s Camp and is open to ALL — Native and non-Native, women and men. (Here’s a pronunciation guide for speaking that beautiful name: New’-weh Moe-moe-koht’-nee Noh-kuh’-duhn.)
Here’s a 1-minute video intro to this issue:
We simply cannot dig our way out of our climate emergency. And if you don’t believe me, I urge you to read Bright Green Lies by Derrick Jensen, full of the hard data we all need to stop lying to ourselves about an electric battery future nirvana. A real solution is a rapid transition first to a steady state or zero-growth economy (which is frankly impossible under capitalism which requires constant growth) followed rapidly by carefully planned, massive and rapid economic shrinkage. There really is no other option if we truly want to see the survival of diverse species thriving on Mother Earth.
And when We the People continue to allow large business corporations to exercise their so-called Constitutional “rights” — of property, of free speech, access to the courts, etc, which were never approved by the public in our nation’s history — our options are limited when We try to stop these outrages against land, water, and people. Because corporations really do have more constitutionally protected “rights” than We do. So we need to tackle this crisis on many fronts. (If you want to learn more about this aspect of the crisis our society is facing, check out my new book.)
If we can stop the Thacker Pass lithium mine this year, then we have a fighting chance to stop the other (dozens?) of planned lithium mines all across the Americas.
For the first few days of the new camp, I played a highly significant support role on site: as the Liaison between those drivers trying to reach the mining operation (workers, mine deliveries, and occasionally just members of the public driving up this rural county road) and the grandmothers who are in charge there. I didn’t hold a leadership position. I didn’t speak for the camp. I simply moved information back and forth between the drivers and the grandmothers, who decide who gets to pass and who does not.
Here’s what my role as Liaison actually looked like on the entrance road in these minute-long videos. This man is one of the mine security supervisors…
Part One:
Part Two:
It has been a scary and intimidating but also incredibly moving and powerful experience for me, and we’ve already stopped dozens of vehicles with our banner held high by camp participants standing across the roadway, and always with a local Native elder in prayer sitting in front of the banner.
Meet three extraordinary leaders of the camp in this 23-minute video:
The sheriff’s office has been in constant communication for days with Lithium Nevada Corporation managers (behind the scenes) as they’ve been going out of their way to not arrest any of us, even though we are creating quite the hassle for their daily operations. What they want, more than anything, is to make this look like it’s led by a handful of white out-of-state eco-freaks so they can mock the camp in their news releases. But the reality is that the camp is 90% Native people, mostly local, and THEY are its leaders.
On Friday evening, we found out that Max Wilbert (co-founder of Protect Thacker Pass) and myself were the only named people in a Temporary Restraining Order (TRO), which the company has put before a judge this weekend, and once it’s approved, they will try to serve Max and myself. I came prepared to risk arrest, so all is well.
Please be advised that Lithium Nevada is filing an Application for Temporary Order for Protection Against Harassment in the Workplace against Max Wilbert and Paul Cienfuegos later this afternoon, in the Justice Court in the Township of Union Humboldt County, Nevada.
All of this in furtherance of the company’s desperate attempt to attach white leadership to the story of this camp, when in reality neither of us has stood in the way of any employee or company vehicle.
The camp currently stands right on top of the company’s ongoing water line construction. One Tipi is now in place, and more on the way. More tents are arriving daily on the company’s BLM-leased land. Or more accurately, on land “beyond the treaty frontier”, as the US government has no treaties in place. The only claim is conquest by which this land was taken from the local Paiute Shoshone communities. So they have more right to be on this land than any other persons or corporations.
Trucks halted at Ox Sam Indigenous Women’s Camp. Photo by Bhie-Cie Zahn-Nahtzu
Which is where YOU come in! And when I say you, I mean YOU, the person reading these words right now!
Please share this information with your own social networks in the next 48 hours.
Standing Rock started when local Native people took a stand against a pipeline. Other Native peoples came to support them. Then the non-Native environmental and social justice movements took notice and started showing up en masse. Major media coverage followed from there. And a historic Native-led mass encampment was born, which shook the consciousness of the nation. We can do this too — here at Thacker Pass, Nevada.
We need all hands on deck NOW. This week. We need bodies. We need supplies. We need media support. We need funds. The small group holding this camp simply cannot sustain itself unless YOU and people YOU know are willing to do SOMETHING to support us THIS WEEK.
I thank all of you reading this, from the bottom of my heart. This is NOT just another single-issue campaign. The success or failure of this effort could have historic impact on the future survival of the extraordinary diversity of creatures here on this beautiful and mysterious orb we call home, floating in the endless blackness of space.
🌎 Join the land defense: Come to Thacker Pass / Peehee Mu’huh and stand with native elders and supporter to protect the land.
🌎 Be Eagle Eyes! Camp at Sentinel Rock, traditional lookout for the Thacker Pass area to keep an eye on the mining construction that is happening up at Thacker Pass. Send us photos and reports via our website.
🌎 Get trained! We need people trained in nonviolent discipline and principles to help educate people for permanent camp.
🌎 Keep the Pressure On! Write op-eds, organize your own protest, make art, write poetry, and get the word out about Peehee Mu’huh / Thacker Pass.
🌎 Share! Share Protect Thacker Pass on social media and with friends.
🌎 Donate! Our legal work to Protect Thacker Pass is intensifying and increasing in cost; please donate if you can. We spend every donated dollar on this 2.5 year fight to Protect Thacker Pass.
Thank you Thacker Pass Warriors! We need you all and so appreciate all you have done to help us.
Editor’s note: The Thacker Pass lithium mine project reflects more than one injustices in the world: greenwashing mines, denying U.S. atrocities against indigenous tribes, grabbing indigenous land against their will, ecocide. This article highlights some of these injustices.
A coalition of conservation groups on Tuesday joined Native American tribes in launching legal challenges to a proposed lithium mine in northern Nevada that critics say was “illegally approved” and will “irreparably damage” the delicate desert ecosystem and land where Indigenous peoples are seeking federal historical recognition of a genocidal massacre perpetrated by U.S. colonizers.
Members of the Western Watersheds Project filed an emergency motion in federal court Tuesday seeking an injunction against the Thacker Pass Lithium Mine in Humboldt County pending action by the 9th U.S. Circuit Court of Appeals to ensure the project—which would tap into the largest known source of lithium in the United States and was approved during the final days of the Trump administration—complies with federal law.
“This mine should not be allowed to destroy public land unless and until the 9th Circuit has determined whether it was legally approved,” Western Watersheds Project staff attorney Talasi Brooks said in a statement announcing the filing.
“There’s no evidence that Lithium Nevada will be able to establish valid mining claims to lands it plans to bury in waste rock and tailings, but the damage will be done regardless,” Brooks added, referring to the subsidiary of Canada-based Lithium Americas that is seeking to build the mine. Lithium is a key component of electric vehicle batteries, cellphones, and laptops.
The emergency motion follows a lawsuit filed last week by the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe in response to U.S. District Judge Miranda Du’s earlier ruling that largely favored Lithium Americas and rejected opponents’ claims that the project would cause “unnecessary and undue degradation” to the environment and wildlife.
Opponents, including the Reno Sparks Indian Colony, promise to continue fight to stop the mine.https://t.co/dLMIGM4puo
“When the decision was made public on the previous lawsuit last week, we said we would continue to advocate for our sacred site PeeHee Mu’Huh. A place where prior to colonization, all our Paiute and Shoshone ancestors lived for countless generations,” Arlan Melendez, chairman of the Reno-Sparks Indian Colony, said in a statement.
“It’s a place where all Paiute and Shoshone people continue to pray, gather medicines and food, honor our nonhuman relatives, honor our water, honor our way of life, honor our ancestors,” Melendez added.
All three tribes call Thacker Pass PeeHee Mu’Huh, which means “rotten moon”—a name given to honor the dozens and perhaps scores of Northern Paiute men, women, and children who were massacred by Nevada Cavalry on September 12, 1865.
Daylight was just breaking when we came in sight of the Indian camp. All were asleep. We unslung our carbines, loosened our six-shooters, and started into that camp of savages at a gallop, shooting through their wickiups as we came. In a second, sleepy-eyed squaws and bucks and little children were darting about, dazed with the sudden onslaught, but they were shot before they came to their waking senses…
We dismounted to make a closer examination. In one wickiup we found two little papooses still alive. One soldier said, “Make a cleanup. Nits make lice.”
The three tribes assert that all of Thacker Pass should be listed on the National Register of Historic Places.
Nevada tribes are seeking to add Thacker Pass, a culturally-important area slated for a lithium mine, to the National Register of Historic Places. https://t.co/roF71AYC86
“While Americans tend to focus on only the proud moments of American history, the shameful history of genocide perpetrated by the American government against Native Americas is nevertheless a broad pattern running throughout American history,” Michon Eben, the Reno-Sparks Indian Colony’s cultural resource manager, wrote in a 2022 letter to the U.S. Bureau of Land Management (BLM).
Eben added that the tribe “considers the destruction of its traditional cultural properties for another mine another act of genocide in the broad pattern running throughout American history.”
Indigenous advocates argue that victims of the 1865 massacre were never properly buried, that human remains and artifacts are still being discovered in Thacker Pass, and that federal authorities failed to properly consult tribes on the mine project in violation of the National Historic Preservation Act.
“Part of the federal government’s responsibility is to determine if a proposed mining project may adversely affect historic properties. Historic properties include Native American massacre sites,” Eben toldNevada Current. “The BLM failed in its trust responsibility to tribes and now our ancestors’ final resting place is currently being destroyed at PeeHee Mu’huh.”
“The BLM failed in its trust responsibility to tribes and now our ancestors’ final resting place is currently being destroyed.”
Will Falk, attorney for the Reno-Sparks Indian Colony and co-founder of Protect Thacker Pass—which set up a protest camp on the site of the proposed mine—accused BLM officials of lying about the massacre site being located outside the project area.
“The Biden administration and [Interior] Secretary Deb Haaland keep paying lip service to tribal rights and respect for Native Americans,” Falk toldLast Real Indians last year. “Well, now three federally recognized tribes are saying that BLM Winnemucca did not respect tribal rights. It’s time that BLM halts this project so the tribes can be heard.”
Tim Crowley, vice president of government affairs and community relations for Lithium Nevada, argued in a statement that “since we began this project more than a decade ago, we have been committed to doing things right,” and that Du’s ruling “definitively supported the BLM’s consultation process, and we are confident the ruling will be upheld.”
While global demand for lithium is surging, extraction of the metal can have devastating consequences, including destruction of lands and ecosystems and water contamination.
“Global warming is a serious problem and we cannot continue burning fossil fuels, but destroying mountains for lithium is just as bad as destroying mountains for coal,” contends Max Wilbert of Protect Thacker Pass. “You can’t blow up a mountain and call it green.”
Please donate to support the case and fund legal costs!
Tribal Chairman: “It’s Our Responsibility to Protect Sacred Sites”
RENO, NV — The Thacker Pass Lithium Mine in northern Nevada is headed back to Federal Court on January 5th as the lawsuits against the project near completion, but project opponents are raising the alarm that Lithium Nevada Corporation has already begun work on the proposed mine.
Lithium Nevada’s workers at Thacker Pass have begun digging test pits, bore holes, dumping gravel, building fencing, and installing security cameras where Native Americans often conduct ceremonies. Lithium Nevada also conducted “bulk sampling” earlier this year, and may be planning to dig dozens of new test pits across Thacker Pass. They’re claiming this work is legal under previous permits issued over a decade ago. But Tribes and mine opponents, including the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe, disagree.
They point to language in the Final Environmental Impact Statement for the Thacker Pass Lithium Mine that says “authorization of [the mine] will terminate the [earlier permits].” The Federal permit for Thacker Pass was approved on January 15th, 2021.
Will Falk, attorney for the Reno-Sparks Indian Colony, explains: “Lithium Nevada told the government and the American public that it would terminate the older permits upon BLM’s approval of the Thacker Pass Project. Now they are going back on their word, it appears they are lying to get a headstart on building the Thacker Pass mine, and the BLM is allowing them to get away with it.”
Thacker Pass, known as Peehee Mu’huh in Paiute, is a sacred site to regional tribes whose ancestors lived in the area for thousands of years, and were massacred there on at least two occasions.
Michon Eben, Tribal Historic Preservation Officer at Reno-Sparks Indian Colony, says the site is incredibly important to Native American history. “Peehee Mu’huh is a sacred place where our ancestors lived and died. We still go there to pray, gather food and medicine, hunt, and teach our youth about the history of our people.” Eben and the Reno-Sparks Indian Colony are currently hosting an exhibit on the impacts of mining on Native people of Nevada.
Tribal members have stated in court filings that, because of the history of battles and massacres on the site, Thacker Pass is as significant to their culture as a site like Pearl Harbor is to American history. Arlan Melendez, Chairman of the Reno-Sparks Indian Colony, understands the importance of battle and massacre sites as both a Native American and as a U.S. Marine Corps veteran.
“As tribal leaders, it’s our responsibility to protect and honor our sacred places,” says Melendez. “Throughout US history, tribes have always been set up to lose in the US legal system against BLM. This Lithium Mine stands in the way of our roots and it’s violating the religious freedoms of our elders, our people.”
Falk, the Tribal attorney, says that Lithium Nevada’s construction activities at Thacker Pass are also violating tribal consultation rights.
“The Reno-Sparks Indian Colony and Summit Lake Paiute Tribe are still engaged in consultation with the BLM about the September 12, 1865 massacre site, a site that will be completely destroyed by Lithium Nevada’s mine if this project is built,” Falk says. “It’s hard to believe a government agency is consulting in good faith when they are already allowing the site to be harmed.”
Shelley Harjo, a tribal member from the Fort McDermitt Shoshone Paiute Tribe and an employee of the Reno-Sparks Indian Colony, has called the planned destruction of Thacker Pass “the biggest desecration and rape of a known Native American massacre site in our area.”
The upcoming January 5th hearing in Reno’s Federal Courthouse will be the final oral argument in the ongoing lawsuits against the Thacker Pass mine. Mine opponents are planning a march and rally outside. Plaintiffs, including the Reno-Sparks Indian Colony, Burns Paiute Tribe, four environmental organizations, and local rancher Edward Bartell, have alleged numerous violations of the law, and Judge Miranda Du is expected to issue her opinion in the case within days or weeks of the January 5th hearing.
“No matter what happens in court on January 5th, Thacker Pass is being destroyed right now and that threat will be ongoing,” says Max Wilbert, co-founder of Protect Thacker Pass. “We have to stop that.”
Lithium Nevada claims that its lithium mine will be essential to producing batteries for combating global warming, and the Biden administration has previously indicated some support for Thacker Pass. Opponents of the project have called this “greenwashing,” arguing that the project would harm important wildlife habitat and create significant pollution. They say that electric cars are still harmful to the planet.
Timeline
January 15, 2021 — Due to “fast-tracked” permitting under the Trump Administration, the Bureau of Land Management releases a Record of Decision approving the Thacker Pass mine less than a year after beginning the Environmental Impact Statement process. On the same day, Max Wilbert and Will Falk established the Protect Thacker Pass camp.
February 11, 2021 — Local rancher Edward Bartell files a lawsuit (Case No. 3:21-cv-00080-MMD-CLB) in U.S. District Court alleging the proposed mine violates the Endangered Species Act by harming Lahontan Cutthroat Trout, and would cause irreparable harm to springs, wet meadows, and water tables.
February 26, 2021 — Four environmental organizations (Basin and Range Watch, Great Basin Resource Watch, Wildlands Defense, and Western Watersheds Project) file another lawsuit (Case No. 3:21-cv-00103-MMD-CLB) in U.S. District Court, alleging that BLM violated the National Environmental Policy Act, Federal Land Policy Management Act, and other laws in permitting the Thacker Pass mine.
June 24, 2021 — The National Congress of American Indians (NCAI), the oldest and largest national organization of American Indian and Alaska Native tribal governments, calls on the Department of the Interior to rescind the permits for the Thacker Pass project.
Spring and Summer 2021 — Rallies, protests, and prayer runs take place in Orovada, Winnemucca, Reno, Carson City, and at Thacker Pass. More than 100 mine opponents gather at Thacker Pass to commemorate the 156-year anniversary of a September 12, 1865 massacre of at least 31 Northern Paiute men, women, and children committed by the 1st Nevada Cavalry. Thousands of people visit the site.
July 19, 2021 — The Reno-Sparks Indian Colony and Atsa koodakuh wyh Nuwu (People of Red Mountain) files a successful motion to intervene in Federal District Court (Case No. 3:21-cv-00080-MMD-CLB) alleging that the Bureau of Land Management (BLM) violated the National Historic Preservation Act (NHPA) in permitting the planned lithium mine.
August 2, 2021 — Burns Paiute Tribe files a motion to intervene on the side of tribal plaintiffs (Case No. 3:21-cv-00080-MMD-CLB).
September 15, 2021 — Bureau of Land Management accuses Will Falk and Max Wilbert of trespass for providing bathrooms to native elders at Thacker Pass, fining them $49,890.13.
October 8, 2021 — Eighteen native elders from three regional tribes request a BLM permit for their ceremonial camp. The BLM does not respond.
November 29, 2021 — The Reno-Sparks Indian Colony files an amended complaint in federal court alleging major previously unknown violations of the law. In January, Judge Miranda Du rejects the amended complaint because she wants to make a final decision on the case within a few months (note that the case has now continued for another calendar year).
February 11th, 2022 — Winnemucca Indian Colony files a motion to intervene in the lawsuit on the side of plaintiffs, claiming that BLM’s contention that they consulted with the Tribe is completely false. Judge Du rejects this motion shortly afterwards with the same reasoning used above.
August 2022 — BLM “discovers” five new historic sites at Thacker Pass and for the first time acknowledges the September 12, 1865 massacre took place, but continues to reject tribal expertise.
September 2022 — Lithium Nevada Corporation begins digging up portions of Thacker Pass for “bulk sampling” despite consultation still being ongoing between the Bureau of Land Management and regional tribes over cultural sites.
October 2022 — Dozens of mining activists from four continents visit Thacker Pass as part of the Western Mining Action Network biennial conference.
Contact:
Will Falk, Attorney for the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe
Bethany Sam, Reno-Sparks Indian Colony Media Relations
Max Wilbert, Protect Thacker Pass
More than 50 indigenous and Afro-descendant representatives of the Black and Indigenous Liberation Movement (BILM) call on the States of the Americas to address climate change from a differentiated, non-discriminatory justice perspective that addresses historical reparations for the impacts of colonialism.(more…)
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
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.
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.
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.
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.
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.
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.
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 Reports, 9(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.
