The tribes made it clear in their lawsuit that it is not their intention to use their claimed water rights to deny water to any non-Indian communities or residents within their territories.
As a matter of policy, the tribes “have not objected and do not presently object to the productive use of tribal water resources for the economic and environmental health of the treaty territory communities and residents,” the lawsuit states. “They have, however, never consented to the proposed or actual export of water resources from the treaty territory.”
Transfers to which the tribes have not consented include proposed water transfers from Sardis Lake to Oklahoma City, as well as water transfers that have been going on for years from Atoka Lake and McGee Creek Reservoir to Oklahoma City, the tribes said.
“The (Oklahoma City) Water Trust's diversions of Clear Boggy Basin waters occur in such volumes and are subject to such poor oversight and control as to regularly convert Atoka Lake to a muddy hole — a result that imposes adverse economic and environmental impacts on local communities and sparks considerable local and regional concern and opposition,” the lawsuit states.
Proposed water transfers would do even more damage, they claim.
“There are currently on file with the Board seven additional water-use permit applications that seek authorization for trans-basin exports of treaty territory waters in a cumulative amount that exceeds 1,900,000 acre feet per year, ... more than 10 times the water trust's current diversion or proposed new withdrawal and export from the Kiamichi Basin,” the lawsuit states.
Oklahoma City is seeking authority from the state water board to export water from Sardis Lake in exchange for paying the state's financial obligation for the lake's construction. Several Texas entities also want to buy and export water from Southeastern Oklahoma to meet the needs of growing North Texas cities.
The tribes argue that their water rights under the 1830 treaty legally prevail over any rights the Oklahoma Water Resources Board has to allocate water to Oklahoma City, Texas or anyone else under state law.
The Choctaw and Chickasaw Nations said in their news release that the “recent formation of a state joint legislative water committee based on the presumption of the supremacy of state law on this issue is yet another indication of disregard for tribal rights and demonstrates a commitment by the state to take unilateral action.”
“We haven't gone out looking for a fight on all this,” Burrage said. “We're using the courts to protect our water, period.”
Named as defendants in the Oklahoma City federal court lawsuit are Gov. Mary Fallin, the City of Oklahoma City, the Oklahoma City Water Utility Trust, and the Oklahoma Water Resources Board and its members and executive director.