Opinion
Opinion: Navajo Nation not complying with treaty


Ed. Note: John Dendahl is the former chairman of the New Mexico Republican Party. He writes a column for The Albuquerque Journal [Link] that has criticized the actions of tribes in the state.

"In many instances, Indians� special status has led to conflicts with other Americans over rights to which we are all entitled. An ongoing dispute here in the Southwest is a prime example.

For more than 50 years, El Paso Natural Gas Company has operated pipelines crossing some 900 miles of the Navajo Nation�s reservation. These deliver natural gas produced in New Mexico, Texas and other areas to millions of consumers in western states, including Navajos and other Indians. Royal-ties are earned by Navajos and other Indians for gas produced on their lands, and some are employed by EPNG and the producers.

EPNG�s 20-year right-of-way agreement with the Navajos expired in mid-October. Renewal has been under negotiation for the better part of two years. Compared to the high end of prices paid for perpet-ual, not 20-year, easements across non-Indian lands, EPNG�s offer is some 50 times above the market. The Navajos want 100 times, and the parties are about one-quarter of a billion dollars apart.

Why should anyone other than EPNG and the Navajos care? Because, for one thing, right-of-way prices become part of the cost paid by all served consumers � a wealth transfer to the Navajos as to which the consumers have no voice other than EPNG.

Another reason � interesting in any debate about Indians� status � is that the Navajo position has hints of treaty noncompliance."

Get the Story:
John Dendahl: Does 'Native' Now Mean 'Balkanize' in America? (The Hawaii Reporter 4/9)

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