PHOENIX — The Arizona Supreme Court is allowing a lawsuit filed by the
Hopi tribe against Flagstaff over its water supply contract with the Arizona
Snowbowl ski resort to move ahead.
The brief order issued by the justices Tuesday declines to overturn an April
ruling by the Arizona Court of Appeals that reinstated the suit. That ruling
overturned a trial judge’s dismissal of the case in 2011.
The Hopis claim that using reclaimed water from Flagstaff’s sewage treatment
plant to make snow at the resort creates a public nuisance.
The Snowbowl has used highly treated wastewater to make snow since 2012 as a
way to supplement natural snow and extend its ski season.
Snowmaking began after a decadelong legal fight that ended in 2009 when the
U.S. Supreme Court declined to block snowmaking.