Judge rules against Kickapoo tribe in reservoir dispute

A federal judge in Kansas City, Kan., has ruled against the Kickapoo Tribe in Kansas in its suit against a water district.

The decision rendered by Judge Carlos Murguia on Dec. 20 in the U.S. District Court for the District of Kansas in Kansas City further jeopardizes a reservoir project that leaders of the northeast Kansas tribe say is critical to their people's water security.

"We are greatly disappointed in the decision," said Steve Cadue, tribal chairman.

Cadue has lobbied for years to move the reservoir project forward, even personally asking Gov. Sam Brownback to intervene.

He and other tribal officials argue that the Plum Creek Reservoir project was integral to a watershed plan they signed in 1994 with the Nemaha-Brown Watershed Joint District No. 7. The tribe's reservation lies almost entirely within the water district.

The watershed plan, meant for soil conservation and flood prevention, included 20 flood-retarding dams, as well as, according to Murguia's order, a "multipurpose dam with recreational facilities, otherwise known as the 'Plum Creek Project.' "

When the tribe was unable to obtain some of the non-Indian land needed for the Plum Creek project, it asked the water district to use its powers of eminent domain to procure it.

District officials repeatedly refused.

The tribe filed suit in federal court June 14, 2006, hanging its hat on a provision of the watershed agreement it said mandated the district to use its power of eminent domain to bring the contract to completion.

"Nemaha-Brown Watershed Joint District No. 7 and the Kickapoo Tribe of Kansas have the necessary authority to finance and install their portions of the planned project," the provision reads. "This includes the right to accept contributions, levy taxes, make assessments against benefited land, issue bonds and exercise the right of eminent domain. They have agreed to use these powers as needed and will be financially responsible for excess investigation and design costs resulting from their delay or failure to do so."

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Judge rules against Kickapoo tribe in reservoir dispute