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The Thirst Wars

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Submitted By ldg1961
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Water & Power Project Adeva Hotz, Chance Berchenbriter, Linda Reed PHIL 2103 11.12.2012 Brown, Lee

Water & Power Project

The lawsuit filed by the Chickasaw and Choctaw nations protecting their water rights To Sardis Lake, in Southeastern Oklahoma is a hot bed for controversy. Many say the
"Thirst Wars" will be a defining issue of our times. (waterfuture.com) This paper will speak as to why the lawsuit filed against the State of Oklahoma
Is relevant, along with the states position in overriding a 175-year old treaty. Finally, offer insight as to why a long-term comprehensive water plan should be the objective. One that can benefit all of Oklahoma, rather than a select grouping.

Sardis Lake is a reservoir in Southeastern Oklahoma, renowned for its bass fishing, and water activities. It is also a central focus of multiple lawsuits, as communities such
As Oklahoma City to Ft. Worth, fight over the water rights. (nytimes.com 2011)
The Choctaw and Chickasaw Nations joined the fight this summer by filing its own lawsuit, putting a hold on the states plans to transfer water out of Sardis Lake. Gregory
Pile, Chief of the Choctaw nation states, "All of the water was controlled originally by
The Indian tribes in this area. When the water goes, so does your economy".
(waterfuture.com/Choctaw nation)
This is the main battleground as the tribes fight the water transfer. They also desire to be recognized as joint owners in these water rights, and share in the profits if the water is sold. Citing the Treaty of "Dancing Rabbit Creek" as the empowering agent.

The Treaty of "Dancing Rabbit Creek" was the last major land succession the Choctaw
Nation signed, giving them rights to fifteen million acres of land in Indian Territory, now
(Oklahoma) in exchange for the eleven million acres of land in Choctaw Indian Nation, now (Mississippi) this treaty was ratified by Congress in 1831, which allowed the
Mississippi Choctaws to become the first non-European ethic group officially to gain recognition as U.S. Citizens. (Waterfuture.com/treaty dancing rabbit)

Neil McCalab, former Secretary of Department of Interior said this, "The State of
Oklahoma has had a water plan as recent as 1995, that included a provision, in which the state needs to sit down with the tribal governments and negotiate for mutual
Accommodation for the use of this water." (waterfuture.com/mccaleb) In the sixteen years that have elapsed, the tribes have collectively initiated a number of efforts to bring this to fruition, to no avail. Thus prompting the lawsuit.

The Oklahoma Water Resource Board believes they have sole authority for the approbation the water. The City of Oklahoma City purchased the water rights for
Twenty-eight million dollars from the U.S Army Corps of Engineers. A fact unknown to many, Sardis Lake is an artificial reservoir, not a man-made lake. It was built in 1982 by the ACOE specifically for the storage of water. In addition the OWRB speaks to the fact, the land in S.E Oklahoma is no longer a reservation. All of the tribal lands
Were parceled out more than 110 years ago to the tribal members. It is the view of the resource board this makes the Treaty of "Dancing Rabbit Creek." null & void.

Linda Lambert, chairperson of OWRB states, "the overriding goal of this board is to provide a reliable water source for all of Oklahoma, tribal member and non -tribal alike."
In addition, Lambert points out that, "for more than 50 years and multiple droughts later, no town or industries have faced dire water shortages. And our water based tourism and recreation is more vibrant than ever." (ouroklahomaourwater.com)

Chris Kenny retired from Native American Affairs, Division of the U.S. Bureau
Reclamation, states it is an "Urban vs. Rural situation". While Kenny understands the need for cities to continue to grow and prosper. "It tends to have a dark quality to it." (waterfuture.com/kenny) saying " if people with the money and resources, in addition, their own self-interests want to grow; they realize they must have resources to do it." They will go wherever they need to, to make that happen."
Mr. Kenny goes on to say," It is sort of a colonial mentality." (waterfuture.com/kenny)

By mid-century as our cities grow, the need for water will loom as large as oil. In the economic and political landscape, making the "Thirst Wars" a defining moment of our time. As all interested parties race to lock up available water supplies. (LA times/2011) In addition, a drought exacerbated by climate change and population growth expands into The Great Plains and the Southwest, Indian water rights remain largely unsettled.
Which is a very unsettling; being it could affect the price and availability of water to millions of homes and businesses. (LA times/2011)

The Choctaw and Chickasaw tribes cite a 175-year-old treaty, and a Supreme Court ruling dating back 103 years, which places the tribes at the head of the line in times of water storage, plus the glaring fact, the water rights were never rescinded back to the state to the when the land was parceled out 110 years ago. The U.S. government
Does recognize tribal nations as "domestic dependent nations." and has established laws attempting to clarify the relations. The methods to solving these ongoing problems appear about as "clear as mud."

In a statement regarding the tribal water rights, Linda Lambert Chairman of the OWRB, said, "while the tribes preach about a more sustainable water management based on usage essentials." She says, the OWRB has practiced save and effective water management for decades. The board will continue to meet the changing needs and and priorities with whom it is accountable, the citizens of Oklahoma.
(ouroklahomaourwater.com)
This statement could argue the point of a graded contextual absolution for the chosen ethical theory. Rae states, in Moral Choices, "some absolute laws conflict. You must chose the lesser evil." (moral choices/1995/pg.51) The higher law is what is best for all people involved, over a long period of time for the economic stability of each
Municipality.

Chris Kenny states. "it is particularly egregious that the interested parties in the areas, who want control of this water, will not need it for another 20 to 50 years. "They are not using what they have now." (waterfuture.com/kenny)

The census felt within the group regarding the "Thirst Wars" is the following;

"If the City of Oklahoma City and surrounding areas need additional resources, then they should explore options on how to use the resources they now have available, and maximize the utility of those, before asking other municipalities to surrender theirs. If the State of Oklahoma is going to be equitable to all of its citizens, then all of its citizens need to get equal consideration. Just because someone wants something, and can afford to buy it, does not mean they have the right to those resources.
.

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