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Published: November 19, 2009 10:39 am    print this story  

Court dismisses water lawsuit

By Loné Beasley

Publisher

Attorney General Drew Edmondson said Wednesday a federal court has dismissed a Tarrant Regional Water District lawsuit which aimed to send Oklahoma water to Texas.

Claiming Oklahoma water law was unconstitutional, Tarrant sought to force the Oklahoma Water Resources Board to allow the Texas water district access to waters within Oklahoma’s borders. The U.S. District Court for the Western District of Oklahoma granted Edmondson’s motion to dismiss the lawsuit.

“The judge said our statute does not violate the Commerce or Supremacy Clauses of the U.S. Constitution regarding waters subject to the Red River Compact,” Edmondson said. “The judge agreed with our argument that our statute is constitutionally sound.”

Jack Keeley, Ada resident and Oklahoma Water Resources Board member, said though he isn’t surprised at the ruling, he is glad the case was thrown out. “It’s wonderful,” Keeley said. “The most recent law passed by Oklahoma’s legislature was modeled after other states. It makes whoever applies for Oklahoma’s water (from other states) prove they need it and that it doesn’t interfere with Oklahoma’s need for water.”

Dick Scalf, local water expert and Ada City councilor was also delighted about the court’s decision. “ It’s a good thing. It puts Tarrant County at the bottom of the chain,” Scalf said.

“While we welcome this ruling,” Edmondson said, “the water wars will continue for a number of years. We will wait for Tarrant to take its next step and in the meantime we look forward to the completion of Oklahoma’s comprehensive water plan.”

The attorney general is fighting a similar federal lawsuit in the U.S. District Court for the Eastern District of Oklahoma in which the city of Hugo wants to sell Oklahoma water to the city of Irving, Texas.

Wednesday's ruling serves to bolster the state’s position in that suit as well, Edmondson said.

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