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Message Regarding Water Agreement from Chief Batton

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Message Regarding Water Agreement from Chief Batton Choctaw Nation of Oklahoma P.O. Box 1210 • Durant, OK 74702-1210 • (580) 924-8280 Gary Batton Chief Jack Austin, Jr. Assistant Chief August 10, 2016 Message Regarding Pending Water Agreement Halito! Five years ago the Choctaw Nation, joined by the Chickasaw Nation, filed a lawsuit in federal court to protect the water that is the lifeblood of our Tribal homeland in southeast Oklahoma. The dispute over Sardis Lake was the immediate “flash point” of the conflict; nevertheless, the Nations were mindful that the lawsuit held significant implications for safeguarding our long-term prosperity and protecting our treaty rights and inherent tribal sovereignty. The lawsuit led to government-to-government negotiations between the Nations and the State of Oklahoma that were aimed at reaching a comprehensive resolution of conflicts over water resources throughout our entire Treaty Territory. The mediation process, which began in 2012, was subject to a “gag order” that prohibited the parties in the discussion from publicly disclosing any details about the negotiation until now. Terms of a settlement agreement have begun. There are several steps that must be taken before the agreement becomes finalized. The pending agreement will soon be submitted to the United States Congress for approval. The mediation talks have consistently been about the preservation of water resources for Oklahomans. This agreement is not about any type of financial gain. The agreement leaves in place all of the Oklahoma State laws restricting the sale or transfer of water to Texas. During the mediation, everyone involved was committed to basing the discussions on facts and science, using the best information we had or could develop regarding impacts on lake levels and stream flow. Second, each party’s negotiation team included skilled and professional engineering, hydrology, modeling, and other technical support, which substantially benefited our work together. A few of the terms of the pending agreement include: The 20,000 acre-feet of water from Sardis Lake that is reserved on an annual basis for use within the 10-county area surrounding the lake is confirmed and strengthened by reserving storage in Sardis Lake explicitly for this local use. Central Oklahoma will also have access to water for its anticipated population and economic growth, and in exchange, Oklahoma City has agreed to the following: • To dedicate most of the Sardis Lake storage capacity for the benefit of recreation, fish and wildlife and local water uses; • To abide by Sardis Lake level elevations developed by the Oklahoma Department of Wildlife Conservation, with limited exceptions during verified drought conditions; • To accept the negotiated annual limit on its withdrawal of Kiamichi River water, even during drought conditions; and • To the automatic forfeiture of its permit if its proposed project fails to meet the specified negotiated time-frame for completion and usage. A copy of the entire pending settlement agreement and related exhibits and other documents is available at waterunityok.com, or feel free to contact me with any questions. God Bless the Choctaw Nation and your family. Chief Gary Batton Choctaw Nation of Oklahoma ChiefGaryBatton.
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