In a fight over water rights, Kickapoo Indians give white landowners some of their own medicine.

Smoke Over Water 

In a fight over water rights, Kickapoo Indians give white landowners some of their own medicine.

Linda and Rodney Lierz were halfway out of the farmhouse when they saw the smoke. The fine white smolder of a grass fire over the fields is nothing unusual — farmers burn off dead brush regularly. But in early spring 2005, in drought conditions, when the ground was dusty and winds were blowing at 60 miles per hour, only a suicidal farmer would start one.

Rodney called 911 and went to meet the firetrucks. Linda stayed to watch the house.

As Rodney was speeding across back roads to the fire, so was a council member of the neighboring Kickapoo Indian Tribe. Emily Conklin reached the blaze just before volunteer fire departments from four nearby small towns closed off the area. The flames were already shooting 20 feet high and spreading dangerously close to a house on the Kickapoo reservation.

Rodney Lierz and Emily Conklin had met before. For almost 30 years, Conklin's tribe had been trying to build a reservoir so its members wouldn't have to collect rainwater to bathe or smash the beaver dams that keep water from flowing into their river. Over the past three decades, the Kickapoo had secured construction money, made agreements with local politicians and finished the required ecological studies. The problem was that nearby landowners had refused to sell the areas that the tribe needed to build its reservoir. Rodney Lierz owned some of that land — he was also a member of the Nemaha-Brown Water Board, the one government body that had the power to acquire the land through eminent domain on behalf of the tribe.

On this early-spring night, more water would be a good thing. The fire departments weren't equipped to handle this type of inferno. They didn't have enough water pressure to sustain a flow from the hoses or enough water to fill the tanker trucks. At best, they hoped to contain it until it burned out — which wouldn't happen until early the next day. (Later, a Bureau of Indian Affairs investigation would determine that the fire had been arson. No suspects were ever named.)

Conklin saw Rodney Lierz standing on the side of the road, watching a group of firefighters start a counterburn to push the fire away from the Kickapoo house.

She thought this might be a chance to start a conversation about whether the Kickapoo and the water board might someday reach an agreement.

"We both thought we could work together better than we had been," she recalls. "It was a very friendly conversation."

But now, two years later, amid anger, fear, paranoia, the inevitable accusations of racism and more arsons, a lawsuit over the project filed in federal court in Kansas City, Kansas, is seeking action against everyone from lowly public officials such as Lierz all the way to the U.S. Department of Agriculture and the U.S. Department of the Interior, trying to force the seizure of 1,000 acres of eastern Kansas land.

"It's interesting, because our tribe predates Kansas as a state. So, based on Supreme Court decisions, we should have water rights preceding state's rights," says Kickapoo attorney Damon Williams. "And if cooler heads don't prevail, we'll take this all the way, and the future of water rights in Kansas is going to be decided by one circuit judge."

If he ever decides to leave his job, the director of the Kickapoo Water Treatment Plant should have no trouble fitting in as a roadie for an aging hair-metal band.

In his early 30s, thick and heavily tattooed — including a pair of pink lips behind his right ear and, on the back of one hand, a skull with flames from the eye sockets licking up to his elbow — Craig Wahwahsuck moved to the reservation from his hometown of Atchison. He came not so much out of love for Indian culture but to stay out of jail.

  • In a fight over water rights, Kickapoo Indians give white landowners some of their own medicine.

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Hi,Emily. I think I met u a couple of years ago. If this is the right Emily. My name is demarcus and I am from Greenwood,MS. I think we met a nysp swimmimg pool in 2002. If It is the right emily, my brother said that he sees you all the time. Hopefully I will be on my way back down there to check on you. E-mail me at www.demarcusclark59@yahoo.com.

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Posted by Demarcus Clark on November 23, 2009 at 11:09 PM

Hi,Emily. I think I met u a couple of years ago. If this is the right Emily. My name is demarcus and I am from Greenwood,MS. I think we met a nysp swimmimg pool in 2002. If It is the right emily, my brother said that he sees you all the time. Hopefully I will be on my way back down there to check on you. E-mail me at www.demarcusclark59@yahoo.com.

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Posted by Demarcus Clark on November 23, 2009 at 8:09 PM

This is in reference to the article on the Kickapoo Reservation - as a Kickapoo, living in the urban core of Kansas City, I am enlightened that the Pitch felt this item was newsworthy - because trust me it definitely is. I thought the article gave the facts and hope that the readers will, if nothing else, KNOW what is happening in our own backyard and will begin to voice your concerns at the blatent disregard for basic human rights - to provide water quality to all citizens.... I welcome comments and urge concerned citizens to begin TALKING and dialoguing about this injustice!! Again, I applaud the Pitch - I do feel too much attention was given to the individual who has been engaged in what seems a personal and vindictive attack on her Indian neighbors. Her viewpoint, although clearly her right to free speech, clearly shows the ignorance of her statements and the mentality she displays in her arrogance.

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Posted by Jerry on April 24, 2007 at 7:26 PM

This is in reference to the article on the Kickapoo Reservation - as a Kickapoo, living in the urban core of Kansas City, I am enlightened that the Pitch felt this item was newsworthy - because trust me it definitely is. I thought the article gave the facts and hope that the readers will, if nothing else, KNOW what is happening in our own backyard and will begin to voice your concerns at the blatent disregard for basic human rights - to provide water quality to all citizens.... I welcome comments and urge concerned citizens to begin TALKING and dialoguing about this injustice!! Again, I applaud the Pitch - I do feel too much attention was given to the individual who has been engaged in what seems a personal and vindictive attack on her Indian neighbors. Her viewpoint, although clearly her right to free speech, clearly shows the ignorance of her statements and the mentality she displays in her arrogance.

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Posted by Jerry on April 24, 2007 at 4:26 PM

Racism is alive and well in Kansas. Linda Lierz is happy to stay where she is because it's more acceptable to be a racist in small town, middle america. It's appalling that a basement meeting like the one i read of is even considered okay. Time for a serious investigation. How backwoods backwards this whole situation is. I don't care what color any american is, they deserve good water for their lives and livelyhoods just like everybody else.

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Posted by L. Thomas on April 20, 2007 at 4:28 PM

well, i can understand not wanting to give up your land. but as mr. stuckey said, it is the right thing to do. if the landowners want to live out the rest of their lives in bitterness, well, i guess that's thier problem. think about the condition they are creating in their community for their daughter to grow up in. landowners: you will not be giving up anything! you will be helping to create a better standard of living for your neighbors and thier children. you will improve relationships within your community. you will live a life of substance and meaning. i know it is hard to think about separating yourself from your land, but you are feeling this conflict and uneasiness about the situation because you know in your heart that you have to do it.

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Posted by Val on April 20, 2007 at 1:30 PM

Racism is alive and well in Kansas. Linda Lierz is happy to stay where she is because it's more acceptable to be a racist in small town, middle america. It's appalling that a basement meeting like the one i read of is even considered okay. Time for a serious investigation. How backwoods backwards this whole situation is. I don't care what color any american is, they deserve good water for their lives and livelyhoods just like everybody else.

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Posted by L. Thomas on April 20, 2007 at 1:28 PM

well, i can understand not wanting to give up your land. but as mr. stuckey said, it is the right thing to do. if the landowners want to live out the rest of their lives in bitterness, well, i guess that's thier problem. think about the condition they are creating in their community for their daughter to grow up in. landowners: you will not be giving up anything! you will be helping to create a better standard of living for your neighbors and thier children. you will improve relationships within your community. you will live a life of substance and meaning. i know it is hard to think about separating yourself from your land, but you are feeling this conflict and uneasiness about the situation because you know in your heart that you have to do it.

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Posted by Val on April 20, 2007 at 10:30 AM
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