Western States Water Council 2005 Report

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137th Council Meetings November 15 -16, 2001 Oklahoma City, Oklahoma The 137th meetings of the Western States Water Council were held in Oklahoma City, Oklahoma at the Westin Hotel on November 14 -16th. The meetings were preceded by the annual Oklahoma Governor's Water Conference. The major topic of that meeting was a proposed compact between the state of Oklahoma and the Choctaw and Chickasaw tribes. Governor Frank Keating's Chief of Staff, Howard Barnett, described the compact and negotiations. Southeast Oklahoma has abundant water resources, with some 50 -60 inches of rainfall annually. Each year, some two trillion gallons of water from six tributaries flow into the Red River, which is naturally high in chlorides. Under the compact, the state and tribes intend to develop this resource and sell the water to the growing Texas metropolis now edging northward from Dallas -Fort Worth. The compact would divide the revenues, which could only be used for public services and economic development opportunities in the area of origin, southeast Oklahoma. Half the money from any out -of -state water sales would go to the state, with 37.5% to the Choctaws and 12.5% to the Chickasaws. All of the tribes' lands have long since been allotted to individual tribal members, and the state's position has been that the tribes hold no federal reserved water rights. However, as economic development is the primary objective, the compact sidesteps the issue by dividing the potential revenues from joint future development of the resource, rather than apportioning the waters. Moreover, the tribes recognize all existing state water rights and defer to the state to administer both Indian and non -Indian water rights on or off their reservations, as well as state jurisdiction over water quality standards. These are considered to be essential elements of the compact that are intended to avoid conflicting water quality and water rights requirements and provide greater certainty in order to encourage industrial development. Economics is the driving force bringing the tribes and the state together. Also of note, the water needs of Oklahomans must be met first and protected in perpetuity. At present, local water uses only amount to 117,000 million gallons per day (mgd), and no reasonable projections of future in -state needs would appear to significantly limit future out -of -state sales. Any sales contract would require the buyer to renounce any downstream dependancy rights, any right of eminent domain, agree to a drought contingency release, and include a price escalation clause based on the consumer price index. Moreover, each and every out -of -state water sale would require the approval of the Oklahoma legislature. The compact does not include ground water, which would not be sold. The compact and water sales would be administered by a compact commission with equal representation for the state and the tribes. The commission will hold all water rights related to out -of -state sales. 12 12For information or a copy of the compact, see www.state.ok.us / —owrb. 12