Illinois River issues approach tipping point

BY ASSOCIATED PRESS
01/23/2018 12:00 PM
TULSA (AP) – It’s a cloudy, misty Sunday morning in January and Scott Hood called his catch as the fly fisherman stood in the clear, gently flowing water of the Lower Illinois River near Gore.

“Always cast to a rising fish,” he said, as his line curled through the gray morning toward the water and his “fly that catches everything” – a wooly bugger variation – dropped gently near ripplets left by a rising rainbow trout.

“Come on, take it,” he coached a trout he could feel playing with the fly as he retrieved his line bit by bit. The hiss of line springing taut between fish and fisherman as it whipped up out of the water soon followed, Hood’s rod bowed and he said, “Ah, there he is.”

Another one of countless rainbow trout Hood catches week after week on the river near Oklahoma’s “Trout Capital,” an hour’s drive from Tulsa, came to his net and was released to play another day.

Winter is a “no worries” time – and a great time – for fishing the Lower Illinois River, Hood said. But for a guy with no worries, he sure has a lot on his mind lately, such as summertime on this river and how that time of year hurts the fish.

“In the winter, it doesn’t matter as much. It’s cold and the water has plenty of oxygen and the fish do fine,” he said.

May through November, it’s a whole other story. That’s when the river suffocates in the heat. It gets thirsty but has no permission to drink.

The U.S. Army Corps of Engineers is charged with managing the “conservation pool” behind Tenkiller Ferry Dam, and 100 percent of that water is allocated to public and private entities — 93 percent of it to Southwest Power Administration. For the past several years, water to support the lower river was “borrowed” from the now-defunct Sequoyah Fuels utility company under conditional approval of the Oklahoma Water Resources Board, which ruled that if a municipal water company needed it instead, the arrangement would be canceled, the Tulsa World reported.

That day has come and the river’s clock is ticking on an 18- to 24-month deadline, Hood said.

Water for the Lower Illinois has spun through a legal, regulatory and financial morass for decades and, finally, this deadline may push it to a tipping point where a permanent solution must be found.

Hood, active in Oklahoma’s Trout Unlimited Chapter 420 and on the national Trout Unlimited board of trustees, is among several who have sounded the alarm. He recently created a Facebook group, “Water For The Lower Illinois River,” to inform and “rally the troops” should they be needed.

“We had about 700 people sign up the first week,” he said.

State Rep. John Bennett and Sen. Mark Allen held a late-December meeting on the topic at Bennett’s Sallisaw office that was attended by Hood, Oklahoma Department of Wildlife Conservation officials, Chris Horton of the Congressional Sportsmen’s Foundation and a congressional representative, Hood said.

Another meeting is planned for later this month at U.S. Rep. Markwayne Mullin’s office with representatives of Sens. Jim Inhofe and James Lankford’s offices coming, as well, said Allen.

The crux of the matter is that when the dam was built there was an oversight regarding the river that flows below Tenkiller Lake, past the town of Gore and into the Arkansas River.

The U.S. Fish and Wildlife Service offered to stock rainbow trout as a mitigation measure for damming the stream, but someone forgot, didn’t bother or didn’t realize that they needed to allocate water for the river, as well.

For many years, a leak through the dam provided enough water to help the trout get by most of the time. In 2008, that leak was fixed. Predictably, hot weather, low flow and low oxygen levels led to a news-making fish kill of trout and native fish soon thereafter.

That’s when the water “loan” was worked out. Since then, Wildlife Department biologists, U.S. Army Corps of Engineers technicians and Southwest Power officials have worked together, almost daily at times, to keep the river’s fish alive in those worrisome summer months.

“That failure to dedicate water for the river has haunted us for years,” said Barry Bolton, assistant chief of fisheries for the Wildlife Department.

It’s not just the year-round trout fishing, but trophy striped bass and other fish, the riverside habitat and recreation in the area that rely on at least a minimal flow of water in the river, he said.

“There is an answer to this,” Bolton said. “I know we can find something that works for hydropower and fish and wildlife and the community, and we can get that working and underway.”

Sen. Allen said more than a $5 million annual impact to the community is at stake, and his constituents are well-grounded in their concerns.

The solution is tricky, however. A federal study, required for reallocation among the lake-water stakeholders, could cost millions and take years. The same goes for raising the conservation pool level in Tenkiller, which would need to rise another 18 inches or 2 feet, he said.

Arkansas solved a similar problem in the White River by raising the normal conservation pool level of Bull Shoals Reservoir 5 feet, but it took years and millions of dollars, Allen said.

“It takes an act of Congress,” he said. “This time, we’ve got Chris Horton of the Congressional Sportsmen’s Foundation with us, too, and he’s been through this in Arkansas with issues on the White River. We’re just trying to keep this thing alive and find a permanent solution.”

Another option is to work something out with Southwest Power as the majority water rights holder.

“The tricky thing is to work out something permanent in writing,” Allen said.

Hood has been the state’s No. 1 civilian activist on the Lower Illinois for years. He shakes his head at the regulatory and financial complexities that arose from a problem that – at first blush – seems so basic.

“The dam leaked for years and years and they never missed a generation day, nobody ever missed that water and they managed it,” he said. “The logical thing is, in a way, to just let it leak again. When we had the fish kill, we spent the money, $800,000, for an airifier, a system that enhances the oxygen in water, and a flow pipe to bypass the dam. The infrastructure is there if they can just be allowed to run it whenever it’s needed to put water in the river, and it doesn’t cost anyone anything. I mean, you just can’t have a river without water.”

News

BY ASSOCIATED PRESS
05/21/2018 02:00 PM
WASHINGTON (AP) – The U.S. Supreme Court will hear Oklahoma’s plea to reinstate the murder conviction and death sentence of an American Indian. The justices on May 21 said they would review an appellate ruling that overturned the conviction and sentence of Patrick Dwayne Murphy. He claimed he should have been tried in federal, not state, court because he is a citizen of the Muscogee (Creek) Nation and the crime occurred in Indian territory. The federal appeals court in Denver determined that the victim’s body was found within the tribe’s historical boundaries that take in several Oklahoma counties, and include much of the city of Tulsa. The court said the MCN reservation existed before Oklahoma achieved statehood and was never formally deprived of its official status, or disestablished, by Congress. The Trump administration, in a rare uninvited Supreme Court filing, said in support of Oklahoma’s appeal that the issue has “wide-ranging and serious implications for law enforcement.” In Tulsa, with a population of 950,000 people, and eight counties in eastern Oklahoma, most crimes by or against Indians would have to be prosecuted in federal courts if the appellate ruling is upheld, the administration said. The vast majority of crimes are handled by local and state authorities. In 2017, federal prosecutors in the region brought just three indictments for serious crimes because they involved Indian Country, the administration said. That number could increase to more than 500 indictments a year, the administration estimated. A jury in McIntosh County, about 80 miles southeast of Tulsa, found Murphy guilty of the 1999 murder of George Jacobs and a judge sentenced him to death. Prosecutors said he had confessed to killing Jacobs when he was arrested. Lawyers for Murphy had urged the justices to leave the appellate ruling undisturbed. They argued that the appeals court correctly applied Supreme Court precedents dealing with the disestablishment of Indian reservations. They also said the claims of mass disruption of the criminal justice system were overstated. The case, Royal v. Murphy, 17-1107, will be argued in the fall. Justice Neil Gorsuch is not taking part in the court’s review because he dealt with the case while a member of the appeals court.
BY STAFF REPORTS
05/21/2018 08:15 AM
STILWELL – The 71st annual Stilwell Strawberry Festival was held May 11-12, and a strong Cherokee presence could be seen in one of the longest running festivals in Oklahoma. Attractions included a parade, carnival, 5K and fun run, car show, vendor booths, live music, food and strawberries. One of the two Cherokee strawberry growers, Dylan Collyge, attended the festival even though he was unable to sell his berries or enter them in the competition this year. “My berries got hit by a late frost in April and set me back about a month,” he said. Other strawberry farmers did well with their berries and sold them from booths or from their vehicles. Visitors could be seen carrying purchased flats of strawberries around town. The Cherokee Phoenix was at the festival and produced the following video of highlights.
BY TRAVIS SNELL
Assistant Editor – @cp_tsnell
05/18/2018 04:00 PM
TAHLEQUAH – Cherokee Nation citizens living outside the tribe’s 14-county jurisdiction are eligible for free one-year subscriptions of the Cherokee Phoenix thanks to a $10,000 disbursement from the principal chief’s office on behalf of At-Large Tribal Councilors Mary Baker Shaw and Wanda Hatfield. The Cherokee Phoenix recently received the funds and is taking names on a first-come, first-served basis until the money is depleted. “These funds that have been provided to the Cherokee Phoenix by the joint efforts of our tribal administration and our At-Large (Tribal) Councilors Mary Baker Shaw and Wanda Hatfield will go a long way in providing subscriptions to at-large citizens,” Executive Editor Brandon Scott said. “It has always been our goal here at the Phoenix to make sure that every citizen that wants a copy of the Cherokee Phoenix is able to get one. That is the sole reason we exist. Our success depends on our subscribers. Our ability to remain independent relies solely on the funds we receive from subscriptions, so these funds are not only assisting at-large citizens they are also assisting us in remaining independent. I’d personally like to thank Councilors Baker and Shaw as well as the administration for making this donation possible.” Scott added that there are no restrictions on receiving a free subscription other than living outside the CN jurisdiction and being a CN citizen. Using the fund, at-large CN citizens can apply to receive a free one-year subscription by visiting, calling or writing the Cherokee Phoenix office and requesting a subscription. The Cherokee Phoenix office is located in the Annex Building on the W.W. Keeler Tribal Complex. The postal address is Cherokee Phoenix, P.O. Box 948, Tahlequah, OK 74465. To call about the fund, call 918-207-4975 or 918-453-5269 or email <a href="mailto: justin-smith@cherokee.org">justin-smith@cherokee.org</a> or <a href="mailto: joy-rollice@cherokee.org">joy-rollice@cherokee.org</a>. The Cherokee Phoenix also has a free website, <a href="http://www.cherokeephoenix.org" target="_blank">www.cherokeephoenix.org</a>, that posts news seven days a week about the Cherokee government, people, history and events of interest. The monthly newspaper is also posted in PDF format to the website at the beginning of each month. Cherokee Nation Businesses in November donated $10,000 to the Cherokee Phoenix’s Elder/Veteran Fund, which provides free subscriptions of its monthly newspaper to elders and/or military veterans who are CN citizens. No income guidelines have been specified for the Cherokee Phoenix Elder/Veteran Fund, and free subscriptions will be given as long as funds last. Tax-deductible donations for the fund can also be sent to the Cherokee Phoenix by check or money order specifying the donation for the Cherokee Phoenix Elder/Veteran Fund. Cash is also accepted at the Cherokee Phoenix offices and local events where Cherokee Phoenix staff members are accepting Elder/Veteran Fund donations. Those who donate can also have entries submitted for them into the Cherokee Phoenix’s quarterly artist giveaway. For every $10 donated or spent on Cherokee Phoenix merchandise, a person gets one entry into the quarterly drawing. The next drawing is July 2 when it gives away a two-piece, 12-foot fishing rod donated by Larry Fulton of Larry’s Bait and Tackle in Fort Gibson.
BY STAFF REPORTS
05/16/2018 04:00 PM
VINITA – Eleven Cherokee families received keys to their new homes on May 11 after participating in the Housing Authority of the Cherokee Nation’s New Home Construction Program. The 1,350-square-foot brick homes on Miller Street each feature a garage, three bedrooms and two bathrooms. According to Cherokee Nation Communications, $1.1 million was invested into the homes and infrastructure and will provide an estimated $28,000 in impact aid to local schools. CN citizen Candle Melton and her family received one of the new homes. The family of three had lived with her mother, and she said the home is a blessing. “We are so excited to have a brand new house to call our own. This would not have been possible without Cherokee Nation and the New Home Construction Program,” Melton said. “I am definitely proud to be Cherokee and cannot thank Cherokee Nation enough for their investments in our communities and for this wonderful opportunity to become the homeowners of a brand new home.” Principal Chief Bill John Baker implemented the program in 2012. The Vinita home recipients were selected from the HACN’s waiting list of applicants who do not own land. “Helping Cherokees improve their lives by establishing homeownership is creating stronger communities and healthier families in northeast Oklahoma,” Baker said. “We took these acres in Vinita and converted them into a desirable neighborhood of almost a dozen houses. Building safe and secure homes that are affordable for our citizens has established Cherokee Nation’s New Home Construction Program as the unparalleled model of excellence for Indian Country.” Chief of Staff and Vinita native Chuck Hoskin said the homes were the latest in decades of improvements to the area by CN. “In more than 25 years of serving the Cherokee people, I’ve witnessed much progress for this community. These new homes will have a lasting, positive impact,” Hoskin said. The HACN recently received a grant from Bank2 for the home program, which allows the HACN to keep the home recipients’ monthly payment at $350. Schools in the area also benefit from the homes because they receive $2,800 in federal impact aid for each enrolled student who resides in the homes. “The new Miller Street Housing Addition is a major boon for the town of Vinita,” Tribal Councilor Victoria Vazquez said. “Not only does it help citizens achieve homeownership, it’s also going to bring much-needed revenue to the school system through impact aid dollars.” Along with the homes, the CN also invested more than $100,000 in infrastructure development on Miller Street and within the housing addition. In addition to the 660 homes built through the program, the HACN has nearly 100 more homes under construction in the tribe’s jurisdiction. For more information, visit <a href="http://www.hacn.org" target="_blank">www.hacn.org</a>.
BY KENLEA HENSON
Reporter
05/16/2018 02:45 PM
TAHLEQUAH – During the May 14 Tribal Council meeting, legislators unanimously amended titles 21 and 22 of the Cherokee Code Annotated, regarding the Violence Against Women Act. The amendment “authorizes special domestic violence criminal jurisdiction over non-Indians who commit domestic violence, dating violence, or a violation of a protection order.” The amended Title 22, Section 70 gives the Cherokee Nation special domestic violence criminal jurisdiction over a non-Indian defendant under certain circumstances, including if the offender resides or is employed within the CN jurisdiction or is a spouse, intimate partner or dating partner of a CN citizen or Indian who lives within the CN. Tribal Councilor Victoria Vazquez said the act’s impact on women is the knowledge that women will be valued, treated with respect and empowered going forward. “I voted for the VAWA to be enforced because it’s the right thing to do. Cherokee Nation leads all tribes in profitable businesses, education and health care in Native Country, and we should be the leader when it comes to the safety of our women and children,” she said. In conjunction, the Tribal Council also amended Title 12 of the Cherokee Code Annotated regarding the Civil Protective Order Act. The amendment gives the CN District Court full civil jurisdiction to issue and enforce protection orders if an act of domestic violence occurred within the CN boundaries. However, the amendment states that jurisdiction is not authorized over parties who are both non-Indian. The amendment also states the District Court has the authority to enforce any orders by civil contempt proceedings, excluding violators from Indian land and other appropriate procedures in matters that arise within the CN jurisdiction or within CN authority according to CN law. In other business, Councilors authorized the “execution of certain contracts that preserve sovereign immunity,” which allows CN to enter into certain contracts more efficiently. Legislators also passed a resolution accepting land from the Oklahoma Department of Transportation, which will allow permanent access and tribal upkeep of the road entering Sequoyah’s Cabin and Museum in Sequoyah County. The Tribal Council also amended the CN comprehensive operating budget for fiscal year 2018, increasing it by $5.9 million for a total budget of $693.1 million. Steven E. Barrick was also reappointed to the CN Gaming Commission.
BY STAFF REPORTS
05/14/2018 04:00 PM
TAHLEQUAH – The Cherokee Nation’s Office of Veteran Affairs will host a Memorial Day ceremony at 10 a.m. on May 25 at the Warrior Memorial east of the Tribal Complex. According to a CN email, the ceremony will honor the men and women who died while serving our country’s armed forces. The ceremony will include a laying of wreaths, a rifle volley and the playing of “Taps.” A breakfast will follow the ceremony.