CBS 5 - KPHO Hopis lose lawsuit over effluent for snowmaking

Hopis lose lawsuit over effluent for snowmaking

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PHOENIX (AP) -

The Hopi Tribe has lost a round in court in its bid to stop Flagstaff from selling treated sewage water to Arizona Snowbowl.

The Arizona Daily Sun reported Coconino County Superior Court Judge Joe Lodge ruled in favor of the city Friday.

The judge said the substantial components of the case had already been decided in federal court, and the tribe was legally required to raise its objections earlier.

A different case litigating snowmaking on health and environmental grounds is headed for oral arguments in January at the 9th U.S. Circuit Court of Appeals.

The ruling sidesteps some of the new legal questions raised by the tribe, such as whether reclaimed wastewater can legally be used to make snow if the melted snow then flows into other water basins outside of Snowbowl, which is prohibited by state regulations.

Copyright 2011 Associated Press. All rightsreserved.

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