vs. ) Case No. CIV JOINT MOTION BY PLAINTIFFS AND ALL DEFENDANTS FOR DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P.

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1 Exhibit : State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City Water Settlement IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CHICKASAW NATION and CHOCTAW NATION OF OKLAHOMA, Plaintiffs, vs. Case No. CIV-- Mary Fallin, in her official capacity as Governor of the State of Oklahoma, et al. Defendants. JOINT MOTION BY PLAINTIFFS AND ALL DEFENDANTS FOR DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 1(a( The Choctaw Nation of Oklahoma, the Chickasaw Nation (collectively, the Nations, and all defendants named in the Second Amended Complaint (Doc. (collectively with the Nations, the Moving Parties respectfully move this Court to order the dismissal of the Nations claims against all defendants named in the Second Amended Complaint (Doc. pursuant to Fed. R. Civ. Pr. 1(a(. 1. As grounds for this Motion, the Moving Parties state as follows: This case was stayed by order of the Court on March, 01, along with a concurrent stay entered in Oklahoma Water Resources Board v. United States, et al., Case No. CIV-1- (W.D. Ok. (hereinafter, Case No. CIV-1- to allow settlement negotiations to proceed as among the Nations, the State of Oklahoma (Governor Mary Fallin and the Oklahoma Water Resources Board (collectively, State, the City of Oklahoma City ( City, and the United States to resolve the issues raised by the respective actions. Settlement negotiations proceeded thereafter and upon request of the State, the Nations, the City, and Version:

2 the United States, the Court has extended the stay in both cases multiple times to allow settlement discussions to progress.. After almost five years of negotiations, the State, the Nations, the United States, and the City reached a settlement that was executed by the State, the Nations and the City in August 01, enacted into federal law on as [insert Settlement Act citation], and executed by the United States on 01.. Pursuant to [insert Settlement Act citation], approving the State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, and City of Oklahoma City Water Settlement ( Settlement Agreement, and Fed. R. Civ. Pr. 1(a(, the Moving Parties respectfully move this court to order the dismissal of the Nations claims against all defendants named in the Second Amended Complaint (Doc., which order shall be with prejudice effective as of the Enforceability Date as defined in the Settlement Act and the Settlement Agreement unless either the Plaintiffs or the Defendants notify the Court that the Enforceability Date has not occurred and move to vacate the order of dismissal on that basis. The Moving Parties shall provide notice to the Court of the occurrence of the Enforceability Date within sixty (0 days of the Enforceability Date.. The Moving Parties are concurrently filing a similar motion in Case No. CIV-1- and respectfully request that this Court grant the relief requested in each or deny both.. A proposed draft order is provided for the Court s consideration. WHEREFORE, for the reasons set forth herein and as, the motion should be granted. Page of

3 Date: Respectfully submitted, Michael Burrage, oba # WHITTEN BURRAGE Classen Drive Oklahoma City, OK Tel: ( Fax: ( mburrage@whittenburragelaw.com Bob Rabon, OBA # RABON, WOLF & RABON 0 East Jackson (Highway 0 Hugo, OK Tel: (0 - Fax: (0-0 bob.rabon@sbcglobal.net Counsel for Choctaw Nation of Oklahoma and Chickasaw Nation Stephen H. Greetham, OBA #0 Chickasaw Nation Division of Commerce Office of General Counsel 00 Lonnie Abbott Blvd. Ada, OK 0 Tel: (0 - Fax: (0-0 StephenGreetham@chickasaw.net Counsel for Chickasaw Nation Page of

4 Douglas B. L. Endreson Frank S. Holleman SONOSKY, CHAMBERS, SACHSE, ENDRESON & PERRY, LLP 1 K Street, N.W., Suite 00 Washington, D.C. 000 Tel: (0-00 Fax: (0-0 On the Complaint for the Chickasaw Nation and Choctaw Nation OKLAHOMA OFFICE OF THE ATTORNEY GENERAL Patrick R. Wyrick, OBA #1 SOLICITOR GENERAL 1 NE 1st Street Oklahoma City, OK Phone: (0 - Patrick.Wyrick@oag.ok.gov Michael Hunter FIRST ASSISTANT ATTORNEY GENERAL 1 NE 1st Street Oklahoma City, OK 1 (0-1; (0-0 Fax Service fc.docket@oag.state.ok.us Page of

5 MODRALL, SPERLING, ROEHL, HARRIS & SISK, P.A. Maria O Brien (NM Bar No th Street NW, Suite 00 Albuquerque, NM Phone: (0-0 mobrien@modrall.com V. Glenn Coffee, OBA # Glenn Coffee & Associates, PLLC 1 N. Robinson Oklahoma City, OK gcoffee@cox.net Counsel for Governor Mary Fallin, State of Oklahoma and Counsel for OWRB Brian M. Nazarenus, OBA #01 Susan M. Ryan, OBA #0 RYLEY CARLOCK & APPLEWHITE 0 Lincoln Street, Suite 00 Denver, CO 00 (0-00 bnazarenus@rcalaw.com sryan@rcalaw.com Counsel for Defendants City of Oklahoma City, and Oklahoma City Water Utilities Trust Page of

6 CERTIFICATE OF SERVICE I hereby certify that on the day of, 01, I electronically transmitted the attached document to the Clerk of Court using the ECF System for filing. Based on the records currently on file, the Clerk of court will transmit a Notice of Electronic Filing to the following ECF registrants: I hereby certify that on the day of, 01, I served the attached document by on the following, who are not registered participants of the ECF System. Michael Burrage Page of

7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CHICKASAW NATION and CHOCTAW NATION OF OKLAHOMA, vs. Plaintiffs, MARY FALLIN, in her official capacity as Governor of the State of Oklahoma, et al.; Defendants. ORDER No. CIV Upon review of the record and consideration of the Joint Motion for Voluntarily Dismiss Pursuant to Fed. R. Civ. P. l(a(, IT IS HEREBY ORDERED that motion be and hereby is GRANTED, and IT IS FURTHER ORDERED: 1. that Plaintiffs claims against all defendants named in the Second Amended Complaint (Doc., and their predecessors and successors in interest, are hereby dismissed with prejudice effective on the Enforceability Date as defined in the [insert Settlement Act citation] (hereinafter, Settlement Act and the State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City Water Settlement (hereinafter, Settlement Agreement, without further notice to the parties, unless Plaintiffs or Defendants notify the Court that the Enforceability Date has not occurred and move to vacate the order of dismissal on that basis. and. that the Moving Parties shall provide notice to the Court of the occurrence of the Enforceability Date as defined in the Settlement Act and Settlement Agreement. 1 1

8 ENTERED this day of, 01. LEE R. WEST UNITED STATES DISTRICT JUDGE

vs. ) Case No. CIV Pursuant to [insert Settlement Act citation] (hereinafter the Settlement Act ),

vs. ) Case No. CIV Pursuant to [insert Settlement Act citation] (hereinafter the Settlement Act ), 1 1 1 1 1 1 1 1 0 1 0 1 Exhibit : State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City Water Settlement IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF