2011年4月11日星期一

Precious water: Indians join fight for access to the Lake, Oklahoma

Oklahoma City and rapid growth of the suburbs as Edmond want to see the water flowing through their shower one day. Do the same for the masters of the water of the County of Tarrant, Tex, 200 miles South, which seek to provide new subdivisions around Fort Worth and continuing to access.

Now an another rival has arrived: tribes, Choctaw and Chickasaw, exiled to Southeast Oklahoma 175 years and given land in the region.

Gregory Pyle, Chief of the Choctaw nation, said that his tribe would sue to win a portion of the water if necessary. "All this water was controlled by the Indian tribes in this area" said Mr. Pyle. "It's all the Choctaw and Chickasaw water."

The tribes want the State to recognize as co-owners. The issue has been more and more on the minds of planners in the development of fast cities as they contemplate the prospect of other existing water sources.

By satire, water should also important that the oil in the economic and political life of the country, as the race of parties to appropriate supplies. As drought exacerbated by climate change and population growth expand in Great Plains and the Southwest, Indian water business looms as a largely non-settled - and troubling - factor that can affect the price and availability of water to millions of homes and businesses.

"There are enormous and acquired water rights that are unquantified, said Taiawagi Helton, an expert on Indian law and the law on water of the College of the University of Oklahoma law and a member of the Cherokee tribe."

Transforming theoretical rights of what is widely described as "wet water" under the terms of court long ago decisions may take decades. Each species of other local water users, the Government of the State, the Ministry of the Interior, the local delegation of the Congress and the Federal Court System.

A decision of the Supreme Court 103 years to effectively tribes in Western States at the head of the line in a period of shortage of water, or if a pool of water is oversubscribed. But officials of the Ministry of the Interior want to be certain that there is no losers when the rights of a tribe are recognized.

If the Choctaw and Chickasaw were to acquire rights on water pursuant to the decision of the old Court, say legal experts, it could prompt a new surge of similar rights in all of Oklahoma, who has 39 tribes recognized by the Federal Government. It could also encourage the tribes more in the West to start their reserved rights.

Despite the age of the Supreme Court decision, known as the doctrine of winters, efforts to quantify the rights on the water of the tribes made a crawl until 1980 and 1990. Since then, about three dozen Indian claims were tabulated, especially well from establishments. The Ministry of the Interior now chairs in negotiations of the water with 18 tribes.

A push by the Department and senators in Arizona, Montana and New-Mexico resolved four claims late last year. Yet unlike the tribes whose rights were recently signed into law, the Choctaw and Chickasaw have more reservations, which raises the question of whether water claims should be linked to a specific land grant. The land of the tribes was crumbled to the members of the tribes more than 110 years ago.

Yet, "the water has never been removed," said Stephen Greetham, counsel for the Chickasaw nation.

Where the Choctaw and Chickasaw reserves, their lands covered nearly all of southeastern Oklahoma and is watered by the Kiamichi River, whose tributary, Jackfork Creek, was seized by the dam of Sardis in 1982. Objectives tribes are having an ownership and control over water, to retain as much water as possible in the Lake and to strengthen the recreational industry of southeastern Oklahoma.

And, assuming that water is valuable, they want to share the benefits of selling or renting.

This perspective is disturbing for sites that could be faced with shortages of water, like the Oklahoma City and suburbs as Edmond, which the municipal Council has already voted to issue $ 102.5 million in bonds to help the Sardis Lake 110 miles to the North, to new homes faucets. It is even more disturbing in the Southwest, where the irrigated agriculture and industries consume available water.

Daniel McCool, Director of the programme of environmental studies at the University of Utah, has warned that more widely tribes are seeking to assert their rights, the risk that the federal courts - the Supreme Court in particular - will be crop or even lose sense of earlier decisions establishing the rights of the Indians. "This is the case-law and jurisprudence can be changed," said Professor McCool.

Political repression against the rights of the Indians could come from other local users who fear for their livelihoods, said Chris Kenney, a former Federal bargaining of rights of water now living in Oklahoma.

"You need local populations who used the water for many, many years," said Mr. Kenney. "In many cases they run a huge risk."

A fair settlement, approved by Congress and signed by President Obama gave the water to a Colorado River tributary of the Navajo tribe. Two cities New-Mexico, Bloomfield and Aztec, continue to reverse.


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