Okla. lawmakers discuss state's water future

OKLAHOMA CITY (AP) – State lawmakers on Wednesday stressed the important role of Native American tribes in ongoing discussions about the state's future water needs, even as two of the state's largest tribes remain locked in a federal lawsuit against a state agency over water rights.

The Joint Legislative Water Committee met at the state Capitol for a briefing on a five-year, multi-million dollar comprehensive water plan scheduled for final approval next month by the Oklahoma Water Resources Board. The plan includes a detailed analysis of Oklahoma's water quality and quantity and makes recommendations on how the state should involve Native American tribes and define water-related terms like excess and surplus water, among other things.

Although the committee is composed entirely of state legislators and doesn't include any tribal officials, Steele said members of the state's 39 federally recognized tribes have been welcome to attend the meetings and provide input to the committee.

“We dedicated our very first meeting to studying tribal rights and treaties in the state of Oklahoma as a clear signal that we're very interested in working with everyone and being inclusive in making sure we take everyone's rights and positions into consideration,” said Steele, R-Shawnee. “My hope is that we'll work together and negotiate a plan that is a win-win situation for everyone involved.

“That is ultimately in the best interest of the state and in the best interest of our tribal partners.”

Last month, following the committee's first meeting, the Chickasaw and Choctaw nations filed a federal lawsuit against the Oklahoma Water Resources Board to keep the agency from selling and exporting water from a southeast Oklahoma reservoir without first reaching agreements with the tribes.

Leaders from both tribes expressed frustration with a lack of any progress on meaningful talks with state leaders on water-related issues.

“To date, they don't feel like they've been involved,” said Michael Burrage, lead counsel for the Chickasaw and Choctaw nations. “But the tribes are certainly willing to move forward to seek a solution on a government-to-government basis, with the tribes' sovereignty being recognized.”

Secretary of State Glenn Coffee, one of Gov. Mary Fallin's chief negotiators on tribal issues, said the governor has repeatedly said she had every intention of negotiating with the tribes once the OWRB gave final approval to the water study.

“Waiting on the release of the study is important because it allows the governor and her staff to get an accurate picture of what Oklahoma's water resources and needs are. That information is essential to developing water policy that best serves the needs of all Oklahomans,” Coffee said in a statement. “The decision by the Choctaw and Chickasaw nations to file a lawsuit against the state has interrupted that process.

“The governor has requested representation from the attorney general's office to help develop a strategy that best protects the water rights of the state of Oklahoma. Her first priority is to ensure that Oklahoma has the strongest legal position possible.”

Coffee said the governor already has successfully negotiated a motor fuels compact with the Osage Nation and believes the state can work well with the tribes moving forward.

J.D. Strong, director of the OWRB, urged lawmakers to develop a formal consultation process with the tribes involving the governor and the Legislature, including deciding on the authority to conduct negotiations and approve negotiated agreements. The OWRB plan also suggests the state assemble a team to meet with tribal representatives on the process and conduct negotiations with the tribes.

“The tribes have recommended negotiation opposed to litigation all along,” Strong said.

Sara Hill, assistant attorney general for the Cherokee Nation who attended Wednesday's meeting, said the state should have involved the tribes early on as they were beginning to develop the long-term water plan.

“I think that the state didn't really plan for tribal involvement when they started planning for water,” Hill said. “It's clear that those ideas are beginning to change, that they're seeing the need for tribal involvement. I think that there's going to need to be a lot of work with the state to begin to build government-to-government relationships with the tribes to talk about water, and I don't think they've done that so far.”

Speaker Steele also emphasized that the current leaders in the House and Senate want stronger relations with the tribes.

“I know that the tribes have not been happy with the process in the past and their involvement in the process in the past,” Steele said. “I want to say that it's a new Legislature with new leadership, and we're going to continue to do what we can to reach out and work with our tribal partners as we develop policy that would ultimately affect the state of Oklahoma with relation to water.”

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Sean Murphy can be reached at www.twitter.com/apseanmurphy