Sardis Lake (Oklahoma)

Last updated
Sardis Lake
USACE Sardis Lake and Dam.jpg
Aerial view of Sardis Lake
USA Oklahoma relief location map.svg
Red pog.svg
Sardis Lake
Usa edcp relief location map.png
Red pog.svg
Sardis Lake
Location Pushmataha / Latimer counties, Oklahoma, US
Coordinates 34°39′30″N95°22′44″W / 34.65833°N 95.37889°W / 34.65833; -95.37889
Type reservoir
Primary inflows Jackfork Creek
Primary outflows Jackfork Creek
Basin  countriesUnited States
Surface area14,360 acres (58 km2)
Average depth17 ft (5.2 m)
Water volume274,333 acre⋅ft (338.4 hm3)
Shore length1117 mi (188 km)
Surface elevation599 ft (183 m)
Islands None
Settlements Clayton
1 Shore length is not a well-defined measure.

Sardis Lake is a reservoir in Pushmataha and Latimer counties in Oklahoma, USA. It was created about 1980 as the result of a dam constructed on Jackfork Creek, a tributary of the Kiamichi River, by the United States Corps of Engineers under contract to the state. It is named for the now-defunct town of Sardis, Oklahoma, which had to be abandoned before the area was submerged in the flooding of the lake. . [a] The lake is located approximately 5 miles (8.0 km) north of Clayton. It is part of the Kiamichi Basin.

Contents

A number of issues arose about the state's repayment of debt for the project, the allocation of water from the lake, and proposals by the Oklahoma Water Resources Board to sell lake water outside the state. These issues resulted in a 2011 federal lawsuit by the Chickasaw and Choctaw nations, which had been excluded from negotiations. The state filed a countersuit in 2012, and mediation began that year.

In 2016 an historic water settlement agreement was reached among the State of Oklahoma, Chickasaw Nation and Choctaw Nation, and Oklahoma City, and ratified by these parties and the United States Congress. In brief it provided for the state to have administration and regulatory authority over Sardis Lake, as well as preserving water rights for the Nations in their treaty territories, and allocating a major portion of water from Sardis Lake for the needs of Oklahoma City, dependent on it conducting conservation measures.

Description

The lake covers 14,360 acres (58 km2) with 117 miles (188 km) of shoreline. The lake is an impoundment of Jackfork Creek, a tributary of the Kiamichi River. [1] Sardis Lake is surrounded by the Winding Stair Mountains on the north and east, the Kiamichi Mountains on the south, and the Jackfork Mountains to the west, all of which are subranges of the Ouachita Mountains. The lake is 45 miles (72 km) east of McAlester, Oklahoma. It drains an area of 275 square miles (710 km2). [2]

The lake's normal pool elevation is 599 feet (183 m) above sea level. Its storage capacity is 274,330 acre-feet (338,380,000 m3). At flood stage its elevation is 607 feet (185 m) above sea level and its capacity rises to 396,900 acre-feet (489,600,000 m3). [3]

History

The U.S. Army Corps of Engineers, led by Donald Mahaffey, constructed the dam and lake between 1977 and 1982 under a contract with the state of Oklahoma. The project was constructed for the purpose of selling water to municipalities and industrial customers in Oklahoma. Oklahoma agreed to make 50 annual payments to the federal government to repay the cost of the construction project, and to pay the costs of operating the dam and lake. However, the state was unable to sell as much water as it needed to recover its costs, so the state discontinued payments to the federal government in 1997.

The federal government sued the state for breach of contract and recovery of funds, in a case known as Oklahoma Water Resources Board v. United States, et al. The case wound its way through the courts. At the appeals level, the appeals court upheld the federal government's suit. Oklahoma lost the case when the Supreme Court declined to hear the case. [4] As a result of the state's failure to pay off its debt, the Corps of Engineers legally owns Sardis Lake. [2]

Proposed transfer of water

Shortly after Sardis Lake was filled, Oklahoma City developed various plans seeking to gain control of much of the water. It presented proposals to the Oklahoma Water Resources Board (OWRB) for moving water from Sardis Lake closer to this major city. One of the first plans, presented by the OWRB in 1992, proposed selling about 93 percent of the water out of state to the North Texas Municipal Water District. Oklahoma City buys water from this district, which serves it across the border. Following heated protests, the state legislature rejected the ORWB plan. [5]

A second attempt to sell the lake's water in Texas (this time to a different water district) occurred in the following year. This proposal would have included having the legislature impose a seven-year moratorium on further out-of-state water sales. This plan also failed to pass in the legislature. [5]

Litigation

Debt to Corps of Engineers

A news article in June 2010, reported that the State of Oklahoma had paid $27 million to the Corps of Engineers to settle its outstanding debt. [6]

Chickasaw Nation and Choctaw Nation, et al. v. Fallin

Oklahoma City was seeking to purchase the lion's share of water from Sardis Lake. A state contract executed in 2011, reserved 136,000 acre-feet of water for the Oklahoma City Water Utilities Trust. (OUT) [b]

The Chickasaw Nation and Choctaw Nation filed a federal lawsuit in a U.S. District Court in 2011, seeking an injunction that would prevent the state and Oklahoma City from transporting water from Sardis Lake to Oklahoma City. [c] They were represented by Michael Burrage (Choctaw) [8] and Bob Rabon as co-lead counsel. Steven H. Greetham, Office of General Counsel of Chickasaw Nation, also served as counsel. [9]

In particular, the tribes said that they had been excluded from negotiations between the OWRB and the OUT, but that they had water rights in their treaty territories. The Choctaw, for example, claimed that their 1830 Treaty of Dancing Rabbit Creek with the United States government gave them authority over water resources in their territory. They were equally concerned about preserving future access to water in their territory.

In 2012 the State filed a counter suit against the United States, in its capacity as trustee for the Chickasaw Nation and Choctaw Nation, entitled OWRB v. United States, et al. CIV 12-275 (W.D. Ok.). The OWRB claimed that treaties signed by the Nations with the United States in the late 19th century, under the Curtis Act and Dawes Act, extinguished tribal land claims and tribal rights, and therefore they could no longer make such claims. The parties entered mediated settlement negotiations. [10] Representatives of the US Department of Justice and Department of Interior entered the negotiations as the cases proceeded.

An article published in the Tulsa Law Review describes the potential legal ramifications for this case:

"If the Chickasaw and Choctaw Nations successfully obtain either full or substantial rights to the waters in Sardis Reservoir, other federally-recognized tribes that have water rights not yet formally recognized may have the footing needed to seek legal protection of those rights. If Oklahoma wins this case... tribal water rights could be severely impaired and the future social and economic wealth of all the tribes in the state could be jeopardized, beginning with the Choctaw and Chickasaw." [7]

2016 water settlement agreement

In 2016 the parties to this litigation — the state of Oklahoma, Oklahoma City, and the Chickasaw and Choctaw nations — reached an historic settlement agreement on the outstanding issues related to these lawsuits. The settlement was confirmed in federal legislation, "Choctaw Nation of Oklahoma and the Chickasaw Nation Water Settlement, WINN Act, PL 114-322, **; S.612 — 114th Congress (2015-2016)", and legislation passed by the state, the two tribal nations, and the city.

Notes

  1. The town was abandoned and submerged when the lake was created about 1980 by the US Army Corps of Engineers.
  2. This amounts to 86.7 percent of the lake's capacity.
  3. The case is formally known as Chickasaw Nation vs. Fallin 2011 WL 3629363 (W.D. Okla Aug 18), 2011) (No. CIV-11-927-C). Informally, it has been called Chickasaw v. Fallin and the "Chickasaw Nation complaint." [7] The defendant, Mary Fallin, is the Governor of Oklahoma

Related Research Articles

<span class="mw-page-title-main">Pushmataha County, Oklahoma</span> County in Oklahoma, United States

Pushmataha County is a county in the southeastern part of the U.S. state of Oklahoma. As of the 2020 census, the population was 10,812. Its county seat is Antlers.

<span class="mw-page-title-main">Choctaw County, Oklahoma</span> County in Oklahoma, United States

Choctaw County is a county located in the U.S. state of Oklahoma. As of the 2020 census, the population was 14,204. Its county seat is Hugo.

<span class="mw-page-title-main">Antlers, Oklahoma</span> City in Oklahoma, United States

Antlers is a city in and the county seat of Pushmataha County, Oklahoma, United States. The population was 2,221 as of the 2020 United States census. The town was named for a kind of tree that becomes festooned with antlers shed by deer, and is taken as a sign of the location of a spring frequented by deer.

<span class="mw-page-title-main">Kiamichi River</span> River in Oklahoma, United States

The Kiamichi River is a river in southeastern Oklahoma, United States of America. A tributary of the Red River of the South, its headwaters rise on Pine Mountain in the Ouachita Mountains near the Arkansas border. From its source in Polk County, Arkansas, it flows approximately 177 miles (285 km) to its confluence with the Red River at Hugo, Oklahoma.

<span class="mw-page-title-main">Choctaw Nation of Oklahoma</span> Indian reservation

The Choctaw Nation of Oklahoma is a Native American reservation occupying portions of southeastern Oklahoma in the United States. At roughly 6,952,960 acres, it is the second-largest reservation in area after the Navajo, exceeding that of eight U.S. states. The seat of government is located in Durant, Oklahoma.

<span class="mw-page-title-main">Chickasaw Nation</span> Native American tribe based in Oklahoma

The Chickasaw Nation is an Indigenous nation formally recognized by the United States government. The Chickasaw citizenry descends from the historical population of a Chickasaw-speaking Indigenous nation established in the American Southeast whose original territory was appropriated by the United States in the 19th century and subsequently organized into what is now the northern Mississippi and Alabama and the western reaches of Tennessee and Kentucky. As of 2023, the Chickasaw Nation is the 12th largest Indigenous nation in the United States by population, counting a total worldwide population exceeding 80,000 citizens, the majority of which reside in Oklahoma, where the Chickasaw national government is established in Ada.

<span class="mw-page-title-main">Choctaw Country</span>

Choctaw Country is the Oklahoma Department of Tourism and Recreation's official tourism designation for Southeast Oklahoma. The name was previously Kiamichi Country until changed in honor of the Choctaw Nation headquartered there. The current definition of Choctaw Country includes ten counties, being Coal, Atoka, Bryan, Choctaw, McCurtain, Pushmataha, Le Flore, Latimer, Haskell, and Pittsburg counties. The department created the term as one of six designated travel regions within the state. However, other definitions of Southeastern Oklahoma may include additional counties.

Lake Atoka Reservoir is a reservoir in southeastern Oklahoma, 4 miles (6.4 km) north of Atoka, Oklahoma, county seat of Atoka County, Oklahoma. It was built in 1959 to expand the water supply for Lake Stanley Draper in Oklahoma City and Atoka.

<span class="mw-page-title-main">South Central Oklahoma</span>

South Central Oklahoma is an amorphous region in the state of Oklahoma, perhaps encompassing 10 counties. It is centered on the Arbuckle Mountains, an ancient, eroded range traversing some 70 miles (110 km) across the region, and surrounded by rivers and lakes, notably Lake Texoma, Lake Murray and Lake of the Arbuckles. For tourism purposes, the Oklahoma Department of Tourism has more narrowly defined South Central Oklahoma, which they refer to as Chickasaw Country, as being a seven-county region including Pontotoc, Johnston, Marshall, Garvin, Murray, Carter, and Love counties. A ten-county definition might also include Coal, Atoka, and Bryan counties, although the Department of Tourism includes those in Choctaw Country. The Choctaw Nation of Oklahoma covers the eastern third of the region. Its headquarters is in Durant, and its capitol building, now a museum, is in Tuskahoma. The Chickasaw Nation lies within the region, with the tribal capitol building located at Tishomingo and its headquarters in Ada. The Chickasaw Nation, which runs "Chickasawcountry.com"., promotes the idea of Chickasaw Country as the 13 south-central Oklahoma counties that comprise the Chickasaw Nation, being the Tourism Department’s seven counties plus Coal, Bryan, Jefferson, Stephens, Grady, and McClain counties.

<span class="mw-page-title-main">Hugo Lake</span> Reservoir in Choctaw County, Oklahoma

Hugo Lake is manmade lake located 7 miles (11 km) east of Hugo, in Choctaw County, Oklahoma, United States. It is formed by Hugo Lake Dam on the Kiamichi River 18 miles (29 km) upstream from the Red River. The dam is visible from U.S. Route 70, which crosses its spillway just west of Sawyer. Lake Hugo features approximately 110 miles (180 km) of shoreline and covers over 13,250 acres (53.6 km2), or 20 square miles (52 km2). Its normal pool elevation is 404.5 feet (123.3 m) above sea level and its normal storage capacity is 157,600 acre-feet (194,400,000 m3). At flood stage its elevation is at 437.5 feet (133.4 m) above sea level and it is capable of storing 966,700 acre-feet (1.1924×109 m3) of flood waters. The lake's primary functions are to provide flood control, water storage, and recreational opportunities.

<span class="mw-page-title-main">Douglas H. Johnston</span> Governor of the Chicksaw Nation (1856–1939)

Douglas Hancock Cooper Johnston, also known as "Douglas Henry Johnston", was a tribal leader who served as the last elected governor of the Chickasaw Nation from 1898 to 1902. He was re-elected in 1904.

<span class="mw-page-title-main">Kiamichi Mountains</span> Mountain range in Oklahoma, United States

The Kiamichi Mountains are a mountain range in southeastern Oklahoma. A subrange within the larger Ouachita Mountains that extend from Oklahoma to western Arkansas, the Kiamichi Mountains sit within Le Flore, Pushmataha and McCurtain counties near the towns of Poteau, Albion and Smithville. The foothills of the Kiamichi Mountains sit within Haskell County, Northern Latimer County and Northern Pittsburg County. Its peaks, which line up south of the Kiamichi River, reach 2,500 feet in elevation. The range was the namesake of Kiamichi Country, the official tourism designation for southeastern Oklahoma, until the designation was changed to Choctaw Country.

<span class="mw-page-title-main">Oklahoma Water Resources Board</span>

The Oklahoma Water Resources Board (OWRB) is an agency in the government of Oklahoma under the Governor of Oklahoma. OWRB is responsible for managing and protection the water resources of Oklahoma as well as for planning for the state's long-range water needs. The Board is composed of nine members appointed by the Governor with the consent of the Oklahoma Senate. The Board, in turn, appoints an Executive Director to administer the agency.

Billy Michael Burrage is a Native American attorney and former United States district judge who served between 1994 and 2001.

J.D. Strong is a civil servant from the U.S. state of Oklahoma and the current executive director of the Oklahoma Water Resources Board (OWRB). As executive director of the OWRB, Strong is responsible for carrying out the agency's mission to protect and enhance the quality of life for Oklahomans by managing and improving the state's water resources to ensure clean and reliable water supplies, a strong economy, and a safe and healthy environment. Under Strong's leadership, the OWRB updated the Oklahoma Comprehensive Water Plan, a 50-year water supply assessment and policy strategy to meet Oklahoma's future water needs. Strong also oversees administration of Oklahoma's AAA-rated $3 billion Financial Assistance Program, which assists more than two-thirds of Oklahoma communities and rural water districts in financing water infrastructure projects. Other significant programs under Strong's direction include the administration of almost 13,000 water rights permits allocating some 6 million acre-feet of stream and groundwater, hydrologic studies, licensure of water well drillers, floodplain management, dam safety, and a water quality management program that includes establishment of standards and statewide monitoring of lakes and streams. Strong represents Oklahoma on the Western States Water Council and Chairs its Water Quality Committee, and also serves as Oklahoma's Commissioner on four congressionally approved interstate water Compact Commissions.

<span class="mw-page-title-main">Buck Creek (Kiamichi River tributary)</span>

Buck Creek is a 38.9-mile-long (62.6 km) stream in Pushmataha County, Oklahoma. It flows generally southward from its headwaters in the western Kiamichi Mountains to its confluence with the Kiamichi River.

Sardis was a community in northern Pushmataha County, Oklahoma. United States. The location is six miles northwest of Clayton.

<span class="mw-page-title-main">Oklahoma Organic Act</span> Statute used by the United States Congress

An Organic Act is a generic name for a statute used by the United States Congress to describe a territory, in anticipation of being admitted to the Union as a state. Because of Oklahoma's unique history an explanation of the Oklahoma Organic Act needs a historic perspective. In general, the Oklahoma Organic Act may be viewed as one of a series of legislative acts, from the time of Reconstruction, enacted by Congress in preparation for the creation of a united State of Oklahoma. The Organic Act created Oklahoma Territory, and Indian Territory that were Organized incorporated territories of the United States out of the old "unorganized" Indian Territory. The Oklahoma Organic Act was one of several acts whose intent was the assimilation of the tribes in Oklahoma and Indian Territories through the elimination of tribes' communal ownership of property.

<span class="mw-page-title-main">Harry J. W. Belvin</span> Native American politician

Harry James Watson "Jimmy" Belvin (1900–1986) was a Choctaw educator and politician who served as an Oklahoma State Representative and Senator. He was the first elected principal chief of any of the Five Civilized Tribes in the 20th century, and the longest serving principal chief of the Choctaw Nation of Oklahoma. He saw his tribe through termination, restoration, and a rebirth of Native Pride. He was a polarizing leader, seen by some as a semi-dictator who held onto the office of principal chief and used his power to advocate for complete assimilation into the dominant society, suppressing Choctaw traditions, language and ceremonial practices as undesirable remnants of an unrefined history. To others, he was a well-liked, populist leader, who went door-to-door talking with tribe members, informing them on issues, and trying to develop the means the alleviate the poverty and unemployment they faced.

References