Chickasaw, Choctaw Nations Seeking Summary Judgment Ruling in Water

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Chickasaw, Choctaw Nations Seeking Summary Judgment Ruling in Water Chickasaw Times Vol. XLVII No. 3 Official publication of the Chickasaw Nation www.chickasawtimes.net March 2012 Chickasaw genealogist, author, Chickasaw, Choctaw Nations seeking matriarch Juanita Tate dies saw Governor Cyrus Harris. summary judgment ruling in water case She was born in Hugo, Okla., OKLAHOMA clarify the issues jurisdiction over a proposed Sept. 10, 1910 to Chickasaw CITY - Attorneys and protect the adjudication of all claimed original enrollees Guy Keel and for the Chickasaw current legal pro- rights to the use of water in Lula Potts Keel, the 10th of 12 Nation and Choc- cess. the Kiamichi, Muddy Boggy, children. The Tate family soon taw Nation have The tribes’ mo- and Clear Boggy Basin - an moved to Ardmore where Mrs. filed a motion for tion asks the area that stretches from Ada, Tate attended Bloomfield Semi- partial summary federal court to Okla., to the Arkansas state nary and Franklin Elementary Bill Anoatubby judgment in the Gregory Pyle rule, as a mat- line. School. Governor federal court case Chief ter of federal law, “The State’s action misses When she was only 12 years to protect the that Oklahoma’s the point,” said Michael Bur- Mrs. Juanita Keel Tate old, Mrs. Tate boarded the train tribes’ water rights in their stream adjudication statutes rage, attorney for both the in Ardmore with her eight- shared treaty territory. The do not satisfy federal stan- Chickasaw and Choctaw Na- Mrs. Juanita Keel Tate, Chick- year-old sister. The sisters motion was filed February 14. dards or otherwise reach the tions. “The law doesn’t sup- asaw elder who engaged her were headed to Chilocco Indi- The suit was originally filed relevant questions presented port them in what they are tribe and her state in ways that an School in far north central in August 2011. in the Nations’ lawsuit. trying to do, and we believe evolved throughout her life- Oklahoma. According to tribal attor- The State of Oklahoma last it’s a distraction. It would be time, died Feb. 8, 2012 at the “My grandmother really took neys, the motion is an ap- week requested that the Okla- age of 101. She was a member on the role of mother to her propriate step at this time to homa Supreme Court assume SEE WATER, PAGE 2 of the Chickasaw Hall of Fame. younger sister when they went Mrs. Tate was a great-great- grandchild of our first Chicka- SEE MRS. JUANITA KEEL TATE, PAGE 2 Tribes, U.S. Army Corps agree Longtime tribal employees honored on development of regional water plan for SE Oklahoma TULSA – The U.S. Army considering current and fu- Corps of Engineers, Tulsa ture water needs as well as District and the Choctaw and the condition and adequacy of Chickasaw Nations recently en- infrastructure throughout the tered into an agreement to de- region. velop the first phase of Choc- The $180,000 cost of the taw and Chickasaw Nations study is federally authorized Regional Water Plan. through the Planning As- This science-based regional sistance to States and Tribes water plan will assess the wa- program and will be shared Stanley Foster Patricia Woods Lynn Worcester ter resources of the Nations’ equally between the Corps of treaty territory, an area that Engineers and the two Nations. ADA, Okla. - The dedication, at the Chickasaw Nation Com- Director Lynn Worcester were roughly covers the 22 counties “We are proud to partner for leadership abilities and com- munity Center, Ada, Okla. honored for 35 years of service of southeastern and south cen- the first time with the Chicka- mitment of more than 150 During the event, tribal Sup- to the Chickasaw Nation. tral Oklahoma. saw and Choctaw Nations,” Chickasaw Nation employees port Director Stanley Foster, Each honoree received a The plan is designed to de- said Col. Michael Teague, Tul- sa District commander. “Our were recognized during the an- Special Assistant/Community Chickasaw Nation wall hang- velop strategies for the sus- goals of environmental stew- nual Employee Service awards, Liaison Patricia Woods and ing, a 35-year plaque and a tainable management of the conducted Monday, January 30 tribal Property and Supply SEE SERVICE AWARDS, PAGE 9 region’s water resources by SEE WATER PLAN, PAGE 2 INSIDE CAMPS 15 GOVERNOR’S COLUMN 3 Oklahoma City, OK 731 OK City, Oklahoma LEGISLATIVE COLUMNS 4 Permit No.1 Permit LEGISLATIVE ITEMS 29 Ada, OK 74821 OK Ada, PAID OBITUARIES 30 Post Oice Box 1548 Box Oice Post US Postage US PEOPLE 12 The Chickasaw Times Chickasaw The PRESORTED STANDARD PRESORTED 2 CHICKASAW TIMES March 2012 CONTINUED CONTINUED | FROM PAGE 1 MRS. JUANITA KEEL TATE WATER | FROM PAGE 1 to Chilocco,” Chickasaw tribal history. legislator Shana Tate Ham- She was also an accom- much better for the parties to treaty, subsequent treaties, and Following is a statement is- mond said. “There was no one plished painter. Her portraits focus on the forum we’re al- other federal laws - “a series of sued by Gov. Bill Anoatubby to greet them when they got of Chickasaws and Choctaws ready in - the only one that has treaties and laws that,” Mr. Bur- and Chief Gregory Pyle follow- off the train. They just started still hang in buildings through- jurisdiction over the federal rage said, “have been affirmed ing the tribes’ motion for par- walking until they found the out southern Oklahoma. questions that the nations’ suit by the U.S. Supreme Court in tial summary judgment: school.” When she was 97, she au- The Keel sisters remained thored “Edmund Pickens,” a has framed.” several rulings.” “The motion for summary at Chilocco through the sum- biography of her great-grand- The Chickasaw and Choctaw And second, that Oklahoma’s judgment was filed because mers, Mrs. Hammond said, be- father. The book was published Nations have stated the pro- water-use permitting system we believe it will clear the way cause their folks simply could by the Chickasaw Press. posed adjudication is unnec- cannot lawfully authorize the for further progress on resolv- not afford to bring them home. Mrs. Tate was active in a essary and unwise since their export of waters from a basin ing this issue. This motion will “My grandmother learned to number of tribally-related federal court claims do not dis- that is subject to federal rights help to refine and focus the im- make her own clothing and to groups. she was a member rupt any existing use of water without regard for the certain portant issues involved while take good care of herself and of the Chickasaw-Choctaw pursuant to a valid permit. procedural and substantive still protecting the legal process, her sister,” Mrs. Hammond Confederation and the Atoka “The State has said it has to protections of federal law. including the court-ordered me- said. “It was a time when peo- Treaty Rights Association, the sue its own citizens in order to A court will grant a motion diation, which could well be the ple made do with what was Tifahaya Inter-tribal Club and protect their water rights for for summary judgment if there best avenue for resolution. available. You had to have the Ohoyohoma Club. She was strength to make it through a long-time member of the Chi- them, but that just isn’t true,” is no genuine dispute of mate- It is vital that we do every- Chilocco. She made it.” locco National Alumni Associa- Mr. Burrage said. “The nations’ rial fact and the party making thing necessary to protect the After her graduation in 1928, tion and was inducted into the complaint expressly states that the motion is entitled to relief rights of the Chickasaw and Mrs. Tate returned to Ard- Chilocco Indian School Hall of it does not and will not disturb under the law. Such motions Choctaw Nations, southeastern more. She attended Ardmore Fame in 1987. existing uses of water made do not dispose of the entire Oklahomans and what is essen- Business College and became She was also a member of under valid permits. That issue case but serve as useful tools tial for the benefit of all Okla- a court reporter. She later at- the Bloomfield-Carter Semi- isn’t even on the table.” in stating the controlling law. homans.” tended Bacone College in Musk- nary Alumni Association. The tribes’ motion also seeks ogee and East Central College Of particular pride to Mrs. a ruling on two other ques- in Ada. Tate was the Keel Cemetery tions. In 1934, she married Ernest Association, which she initi- First, that as a matter of fed- W. Tate and the couple had four ated with cousins Ida “Dinah” children. Mr. Tate died in 1981. Cobb and Sadie Keel Homer in eral law, the Chickasaw and The Chickasaw Nation Mrs. Tate turned her atten- 1956. The association helped Choctaw Nations possess water Is accepting applications for the following: tion to genealogy in 1961. She preserve the family cemetery resource rights and interests devoted herself to the study of north of Lebanon, Okla. under their 1830 Removal-era her ancestry, and to the pres- For a complete obituary, *Chickasaw Press Director (Sulphur, OK); (JobID: 18923) ervation of Chickasaw family please see page 30. For a description of the Chickasaw Nation, or to complete CONTINUED an application and view detailed information, please refer to WATER PLAN | FROM PAGE 1 http://www.chickasaw.net If you would like additional infor- ardship and sustainability are for highly valued water supply “This can be challenging mation, you may contact: (580) 436-7259, or PO Box 1548, Ada, very closely aligned and we and hydropower,” said Cyn- when you consider gathering OK 74821.
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