Notice2024-04013
Statement of Findings: Choctaw Nation of Oklahoma and the Chickasaw Nation Water Rights Settlement
Primary source
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Published
February 28, 2024
Issuing agencies
Interior Department
Abstract
The Secretary of the Interior (Secretary) is publishing this notice in accordance with the Choctaw Nation of Oklahoma and the Chickasaw Nation Water Rights Settlement (Settlement Act). The publication of this notice causes the settlement agreement executed in accordance with the Settlement Act to become enforceable and causes waivers and releases of claims executed pursuant to the Settlement Act to become effective.
Full Text
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<title>Federal Register, Volume 89 Issue 40 (Wednesday, February 28, 2024)</title>
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[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Notices]
[Pages 14699-14700]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04013]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[245D0102DM DS600000 DLSN00000.000000 DX6CS25]
Statement of Findings: Choctaw Nation of Oklahoma and the
Chickasaw Nation Water Rights Settlement
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
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SUMMARY: The Secretary of the Interior (Secretary) is publishing this
notice in accordance with the Choctaw Nation of Oklahoma and the
Chickasaw Nation Water Rights Settlement (Settlement Act). The
publication of this notice causes the settlement agreement executed in
accordance with the Settlement Act to become enforceable and causes
waivers and releases of claims executed pursuant to the Settlement Act
to become effective.
DATES: This notice is applicable February 28, 2024.
FOR FURTHER INFORMATION CONTACT: Address all comments and requests for
additional information to Sarah LeFlore, Chair, Choctaw-Chickasaw
Settlement Implementation Team, Secretary's Indian Water Rights Office,
1849 C St. NW, Mail Stop 3045, Washington, DC
[[Page 14700]]
20240, (202) 208-5436, <a href="/cdn-cgi/l/email-protection#a8dbc9dac9c0f7c4cdcec4c7dacde8c1c7db86ccc7c186cfc7de"><span class="__cf_email__" data-cfemail="96e5f7e4f7fec9faf3f0faf9e4f3d6fff9e5b8f2f9ffb8f1f9e0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Settlement Act, Public Law 114-322, was
enacted to resolve certain claims to water of the Choctaw Nation of
Oklahoma (Choctaw Nation) and the Chickasaw Nation as set forth in the
State of Oklahoma, Choctaw Nation, Chickasaw Nation, City of Oklahoma
City Water Settlement Agreement (Settlement Agreement) and the
Settlement Act, including all claims or defenses in and to Chickasaw
Nation and Choctaw Nation of Oklahoma v. Fallin, et al., Case No. CIV
11-927-G (W.D. Okla.) and Oklahoma Water Resources Board v. United
States, et al., Case No. CIV 12-275-G (W.D. Okla.). The Settlement
Parties include the Choctaw Nation, Chickasaw Nation, State of Oklahoma
(State, including the Oklahoma Water Resources Board (OWRB)), City of
Oklahoma City (City), Oklahoma City Water Utilities Trust (Trust), and
the United States.
The Settlement Act and Settlement Agreement, inter alia, recognize
and protect the Chickasaw Nation and Choctaw Nation's respective
existing water uses and also provides procedures for expanded water
uses in the future; create mechanisms by which the Nations will
participate in the OWRB's consideration of certain applications to
appropriate water within their historic treaty territories; and resolve
certain issues related to Sardis Reservoir. Although section 3608(i)(2)
of the Settlement Act established September 30, 2020 as the original
deadline by which the findings herein were to be certified, the
Settlement Parties twice extended the deadline pursuant to section
3608(i)(4) of the Settlement Act. The current deadline for this
certification runs until March 31, 2024.
Statement of Findings
In accordance with section 3608(i)(1) of the Settlement Act and
section 4.1 of the Settlement Agreement, I find and certify as follows:
(1) To the extent the Settlement Agreement conflicts with the
Settlement Act, the Settlement Agreement has been amended to conform
with the Settlement Act;
(2) The Settlement Agreement, as amended, has been executed by the
Secretary of the Interior, the Choctaw Nation, the Chickasaw Nation,
the Governor and Attorney General of the State, the OWRB, the City, and
the Trust;
(3) The Amended Storage Contract has been amended to conform with
the Settlement Act;
(4) The Amended Storage Contract, as amended to conform with the
Settlement Act, has been executed by the State, the City, and the
Trust, and approved by the Secretary of the Army;
(5) An order has been entered in United States v. Oklahoma Water
Resources Board, Case No. Civ. 98-C-521-E with any modifications to the
order dated September 11, 2009, as provided in the Settlement Act;
(6) Orders of dismissal have been entered in Chickasaw Nation and
Choctaw Nation of Oklahoma v. Fallin, et al., Case No. CIV 11-927-G
(W.D. Okla.) and Oklahoma Water Resources Board v. United States, et
al., Case No. CIV 12-275-G (W.D. Okla.) as provided in the Settlement
Agreement;
(7) The OWRB has issued the City Permit;
(8) The final documentation of the Kiamichi Basin hydrologic model
is on file at the Oklahoma City office of the OWRB;
(9) The Atoka and Sardis Conservation Projects Fund has been funded
as provided in the Settlement Agreement; and,
(10) The Chickasaw Nation, Choctaw Nation, and United States have
executed the required waivers and releases of claims as required by the
Settlement Act and Settlement Agreement.
Deb Haaland,
Secretary of the Interior.
[FR Doc. 2024-04013 Filed 2-27-24; 8:45 am]
BILLING CODE 4334-63-P
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