"A bit of the challenge we have is unfortunately NTEC engaged with us over the sovereign waiver issue just last week," McGrath said, adding, "We have every expectation we're going to work through these issues."

NTEC put onus on DEQ to permit the mine and keep Spring Creek workers on the job.

“We are shocked and disappointed that the State is taking this position and putting the future of Spring Creek at risk,” said Tim McLaughlin, NTEC chairman, in an announcement Thursday. “We have done everything in our power to ensure the State that we will operate under their laws, but we simply cannot consent to a full waiver of the rights preserved in our treaties — to do so would put the foundations of Indian Country at great risk.”

Meanwhile, lawyers for Navajo Nation are raising concerns about the tribe's financial risk associated with NTEC's new mines. The Gallup Independent reports that the Navajo Department of Justice and Navajo Nation controller are concerned that reclamation bonds for the mines present a $1 billion risk for Navajo Nation if NTEC can't cover reclamation costs. That money would be owed to surety companies.