Chickasaws and Choctaws claim the rights to water within their territories due to the 1830 Treaty of Dancing Rabbit Creek.
OKLAHOMA CITY — In an effort to protect their water rights, two of Oklahoma’s largest tribes filed suit in federal district court Aug. 18.
In the lawsuit, the Choctaw and Chickasaw Nations are seeking a permanent injunction preventing the proposed water transfer from Sardis Lake to Oklahoma City unless the transaction is either negotiated with the tribes or court-ordered. The injunction would also be extended to proposed transfers to Texas and any future transfers outside of the tribe’s jurisdiction.
Transfers that are already happening will not be affected at this time.
Sardis Lake is a federal reservoir in Pushmataha and Latimer counties in southeastern Oklahoma. It is within the Choctaw Nation’s jurisdiction.
In addition to Sardis Lake, the Kiamichi Basin, Clear Boggy Basin and Atoka Lake are also specifically listed in the lawsuit. Oklahoma City has been receiving water from those locations for several years without the tribes’ approval.
Oklahoma City receives about half of its water supply from lakes and reservoirs within the Chickasaw and Choctaw nations.
“Citizens of the Chickasaw Nation, like all Oklahomans, have a vital interest in maintaining the conditions necessary to ensure a strong economy and a thriving natural environment for our children and grandchildren,” said Gov. Bill Anoatubby of the Chickasaw Nation. “Because sustainable management of our water resources is imperative for the progress and prosperity of all Oklahomans, we have worked diligently to establish a working relationship with the state on this issue. Unfortunately, our efforts have been unsuccessful, leaving us no realistic alternative to legal action.”
The tribes claim they own the rights to water within their territories due to the 1830 Treaty of Dancing Rabbit Creek, which gave the tribes jurisdiction over most of southeastern Oklahoma in exchange for their land in Mississippi.
“The Chickasaw and Choctaw Nations hold treaties with the United States that secure prior and paramount rights to the ownership and management of water resources throughout their territory,” said Stephen Greetham, council for the Chickasaw Nation. “This action seeks declaratory and injunctive relief to bar unilateral state action on water resource management issues. The nations’ treaties secured them a permanent homeland, and without the sustainable and long-term management of its water resources, that homeland will be undermined.”
Among the defendants listed in the Choctaw and Chickasaw tribes’ suit are Oklahoma Gov. Mary Fallin, the Oklahoma City Water Utility Trust and the members of the Oklahoma Water Resources Board.
“The Choctaw Nation is committed to protecting and preserving the sustainability of water in southeast Oklahoma and the rest of the state,” said Choctaw chief Gregory Pyle in a joint news release. “We will continue to seek a resolution that works for all of us, and I have faith that through the court, we can reach a decision that is fair, meaningful, and serves the best interest of all Oklahomans.”