Tribes drop claim to existing permits in Oklahoma water rights case

The Chickasaw and Choctaw nations dropped their claims Thursday to existing permits to use water rights in a lawsuit concerning water in southeastern Oklahoma.

 
BY MICHAEL KIMBALL Staff Writer mkimball@opubco.com    Comment on this article Leave a comment
Published: January 27, 2012

Existing water use permits are no longer under dispute in an amended lawsuit filed Thursday by the Chickasaw and Choctaw nations over water rights in southeast Oklahoma.

The tribes are suing Oklahoma City and the state over water rights to the Kiamichi, Clear Boggy and Muddy Boggy basins and the Atoka Pipeline, but until Thursday had not explicitly excluded claims to existing permits in one portion of the suit.

The tribes had argued their first version of the suit, filed in August in U.S. District Court in Oklahoma City, which already didn't lay claim to existing permits. But Oklahoma City and other defendants contended the tribes were challenging current permits unless they excluded them in the “prayer,” which is the part of the lawsuit where the plaintiffs ask the judge for specific action.

The amended suit excludes claims to existing permits in the prayer, which Oklahoma City Manager Jim Couch called a significant development.

“Although this still leaves some unresolved issues, we view that as a step in the right direction,” Couch said.

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