Steven Carl Moore, Esq., Colorado Bar #9863 K. Jerome Gottschalk, Esq., New Mexico Bar #3799 NATIVE AMERICAN RIGHTS FUND 1506 Broadway Boulder, Colorado 80302-6296
[email protected] [email protected] Amelia C. Holmes, Esq. Kansas Bar #20346 Kickapoo Tribal Legal Department KICKAPOO TRIBE IN KANSAS Post Office Box 110 1107 Goldfinch Road Horton, Kansas 66439
[email protected] IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KICKAPOO TRIBE OF INDIANS OF THE ) KICKAPOO RESERVATION IN KANSAS ) (also known as the KICKAPOO TRIBE IN KANSAS), ) for itself and as parens patriae on behalf of its members ) ) Plaintiffs, ) ) v. ) ) Civil Action 06-2248 MICHAEL BLACK, in his official capacity as ) SECOND Director, BUREAU OF INDIAN AFFAIRS, ) AMENDED UNITED STATES DEPARTMENT OF INTERIOR; ) COMPLAINT ) DAVID BARFIELD, in his official capacity as Chief ) Engineer of the Division of Water Resources, ) of the KANSAS DEPARTMENT OF AGRICULTURE; ) ) DEXTER DAVIS, President, Board of Directors ) WAYNE HEINIGER, Vice President ) GLENN HENNIGAN, Secretary-Treasurer ) LEO WESSEL, Officer ) RODNEY LIERZ, Officer ) JIM RENYER, Officer ) ROGER PLOEGER, Officer ) DAVID ZEIT, Officer ) 1 RODNEY HEINEN, Officer ) In their individual capacities and as current or former ) Officers of the District; ) ) NEMAHA BROWN WATERSHED ) JOINT DISTRICT NO. 7; ) ) Defendants. ) ) NATURE OF THE ACTION 1. Water is life to the Kickapoo people. Since aboriginal times in the Great Lakes region the Kickapoo people have managed water to sustain life. Many traditional stories and practices of the Kickapoo people revolve around the mystery and sanctity of water. The Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas, also known as the Kickapoo Tribe in Kansas (hereinafter the “Tribe”), has many historical, social, and religious ties to water.