Attorneys for the Chickasaw and Choctaw Nations have amended their complaint in the ongoing federal court water lawsuit that centers on Sardis Lake. The second amended complaint filed today underscores that while the tribes do not concede the Oklahoma Water Resources Board's authority to issue permits, Plaintiff Nations do not challenge any current use of water pursuant to existing permits."
 
Mike Burrage, attorney for the tribes, said that the Nations filed their action in August, 2011, simply to protect tribal rights and water resources.
 
The Chickasaw and Choctaw Nations have no interest in and won't be disrupting existing permitted uses of water," said Burrage. "The lawsuit the Nations filed is against state officials and Oklahoma City, not individuals nor against any individual's water use. Our complaint is designed to stop what we believe is an unlawful and unwise rush to export water from southeastern Oklahoma."
 
Burrage said that "the Nations' suit protects folks in southeast Oklahoma and, frankly, all of Oklahoma.  We think a stream adjudication would be an unnecessary waste of resources that would, ultimately, fail to resolve the real issues."

Attorneys for the Chickasaw and Choctaw nations say that a general stream adjudication would place a serious burden on potentially thousands of Oklahomans.  Others familiar with similar cases agree.

University of Oklahoma School of Law Professor Taiawagi Helton was quoted in a recent article in the Cherokee Phoenix saying that a general stream adjudication would "wind up exhausting ridiculous sums of resources when cooperation would satisfy our needs."

Burrage concluded by emphasizing that the settlement table remains the Nations' first choice for resolution.  "Governor Anoatubby and Chief Pyle remain as committed as ever to finding a workable resolution that's good for all Oklahomans. A stream adjudication would just be a distraction from what we need to be working on."