Guest Commentary

Albert Hale Supports Non-Navajo Special Interest Groups

Milton Bluehouse, Sr in Native Condition. Discussion »

Former Navajo President Albert Hale has proved not to be a very loyal leader of the Navajo Nation or a loyal supporter of the will of the people, who are overwhelmingly against the Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012, commonly known as S. 2109.

Former Navajo President Milton Bluehouse, Sr

Just how much credibility does Hale have?

First it should be noted: Albert Hale was forced out of office as president of the Navajo Nation in disgrace before completing his first term for ethical and financial violations. The public never knew exactly what or why it took place, other than for the obvious reasons.

During the 2010 Shelly presidential campaign, Hale went to bat for him. From what we understand, both Shelley and Hale believe in some other faith away from traditional Navajo or Native American Church. Perhaps that's why they don't value the spirituality of water.

Currently, out in western Navajo land, he and others are trying to take 5,000 acres of grazing land to build a tourist resort on the East side of the Grand Canyon.

Now he champions the water give away. Is there a connection between the water settlement and the Grand Canyon east development?

After being forced from the Navajo presidency, he somehow was appointed to the Water Rights commission pursuant to the in-place requirements for all who have served – they must be acceptable as incurious rubber stamp people by water attorney Stanley Pollack. No one is appointed who will inquire into the Navajo Nation's full potential rights on behalf of the People.

As a member of the Water Rights Commission, the disgraced Hale fully supported the San Juan Settlement that has stunning flaws associated with it, including:

the false inflation of the volume of rights secured to the Navajo Nation above the less than 400,000 acre feet actual volume to the inflated more than 600,000;
the waiver of our treaty-based rights, both 1849 and 1868;
the mass subordination of our prior rights to junior rights holders;
the appointment of the state engineer as our "water master" rather than the supposed federal "trustee," the Interior Secretary; and
the unbelievable waiver of the Canons of Construction (or rules of treaty, statute, regulation, and settlement interpretation) that were first established by the US Supreme Court in the 1830s and that are contained within our 1849 Treaty.

The essential canon is summarized as follows:

– The basic Indian law canons of construction require that treaties, agreements, statutes, and executive orders be liberally construed in favor of the Indians; and all ambiguities are to be resolved in favor of the Indians.

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Milton Bluehouse, Sr. is president of Diné Hada' Asídí – Navajo Vigilant Ones, which is a Navajo people's public interest organization representing a coalition of efforts by scores of groups and thousands of Navajos opposing S. 2109. Mr. Bluehouse served as the president of the Navajo Nation from January 1, 1999 - December 31, 1999.

posted May 12, 2012 7:20 am edt