State sues EPA over water rules

OKLAHOMA CITY (AP) _ Oklahoma is suing the Environmental Protection Agency for allowing an American Indian tribe to create its own land and water standards. <br/><br/>The lawsuit, filed in the 10th U.S.

Saturday, April 30th 2005, 11:44 am

By: News On 6

OKLAHOMA CITY (AP) _ Oklahoma is suing the Environmental Protection Agency for allowing an American Indian tribe to create its own land and water standards.

The lawsuit, filed in the 10th U.S. Circuit Court of Appeals in Denver, was filed March 18, the deadline for challenging the EPA's decision, said Monty Elder, spokeswoman for the Department of Environmental Quality.

``Our next move is to ask the court to stay the proceedings while we continue negotiations with the Pawnee Tribe,'' Elder said.

In November, the EPA granted the tribe ``treatment-as-state'' status for water programs. That allows the tribe to determine its own standards for water flowing through land it owns in Pawnee County.

Elder said the concern is that with 38 tribes, each tribe could establish water standards either far more restrictive or far more lenient from the state's.

``I don't know that tribes intend to do that, but the potential for that exists,'' Elder said.

Charles Tripp, attorney for the Pawnee Nation, said he understands that fear.

``But if you think about it, the United States already has patchwork regulation. The state of Oklahoma's regulations are different from those in Arkansas and New Mexico and Texas,'' Tripp said.

``If the concern is about ensuring good, high-quality water, I don't think that's a concern, because the tribes care about having good water,'' Tripp said.

Elder said the EPA's granting of treatment-as-state status has caused problems in at least one other state.

In Albuquerque, N.M., industries discharging into a river had to meet two standards: one set by the state, the other set by a tribe.

Elder said her agency doesn't oppose tribes obtaining treatment-as-state status.

``What we're concerned about is that we have consistent and protective regulatory standards across the state,'' Elder said.

As of November, eight to 12 other Oklahoma tribes had sought to be treated as states by the EPA. No more have been granted that status, Elder said.

Tripp said the Pawnee Nation would create regulations at least as restrictive as the state's.

``It's quite possible that the state fears tribes will make regulations that are too restrictive,'' Tripp said.

Tripp said he remains confused by the state's lawsuit because it came a week after his meeting with Oklahoma Environment Secretary Miles Tolbert.

``I thought we were in the middle of negotiating a system that would be beneficial for everybody,'' Tripp said. ``To turn around and file a lawsuit indicates there was no good faith to the negotiations, but instead it was a stalling tactic.''