Judge rules against Kickapoo tribe in reservoir dispute
“Attorneys for the district argued that the contract didn’t mandate use of eminent domain, and both sides petitioned Murguia for summary judgment in their favor.
Murguia ultimately granted it to the water district, writing that the agreement only stated that eminent domain could be used, not that it must be, and the words “their portions of the planned project” were instructive.
“The court finds that the agreement is unambiguous and that the plain language of the agreement does not require the district to condemn on the tribe’s behalf,” Murguia wrote.
In recent years the tribe has sometimes had to initiate conservation edicts to maintain a supply of drinkable water. In the midst of a severe drought in August 2012, the tribe banned the use of treated water for lawns, gardens, swimming pools and car washes. Watering of livestock was limited to drawing from ponds or creeks, except for emergency purposes, and the Kickapoo Fire Department was barred from using treated water for training exercises.”
Marso, Andy. CJ Online 26 December 2013.