Oklahoma Water Law

NYT: Wall Street Eyes Billions in the Colorado’s Water

noreply@blogger.com (Jim Milton) — Sun, 3 Jan 2021 09:23:00 -0600

"Investor interest in the river could redefine century-old rules for who controls one of the most valuable economic resources in the United States."

https://www.nytimes.com/2021/01/03/business/colorado-river-water-rights.html

Water crisis in Texas?

noreply@blogger.com (Jim Milton) — Sat, 28 Jul 2018 12:09:00 -0500

"Even in the best of times, water in Texas has always been an ornery and mercurial resource. It falls from the sky in torrents in the sodden eastern counties along the Gulf of Mexico and falls sometimes not at all in the parched counties to the west where, in a good year, a foot or less of rain might make it to the ground."

https://www.climateliabilitynews.org/2018/07/26/water-crisis-texas/

Audits show irregularities at Pittsburg County RWD No. 9

noreply@blogger.com (Jim Milton) — Sun, 1 Feb 2015 12:34:00 -0600

The News Capital reports that audits show irregularities at Pittsburg County RWD No. 9. The audits show advances to employees and provision of free water. The Sheriff passed the information along to the DA, who told the News Capital that the case would be moving forward. Meanwhile, the District's board meetings are held on property marked as posted, members-only.

Extreme conservation in extreme drought

noreply@blogger.com (Jim Milton) — Sun, 16 Nov 2014 16:44:00 -0600

SFGate reports on the effects of drought on the San Francisco Peninsula:

The historic statewide drought has struck especially hard along the southern San Mateo County coast. While other parts of the Bay Area are served by big water agencies with steady if shrinking supplies, most of the homes and small farms here, less than an hour’s drive from Silicon Valley, rely on creeks and wells, many of which have stopped flowing.

That’s left scores of people struggling mightily to get by with little or no water.
“People don’t think there are rural communities on the San Francisco Peninsula that have run out of water,” said Chelsea Moller, project coordinator with the San Mateo County Resource Conservation District, which is trying to help families shore up their water needs. “I think they really get overlooked.”

Journal Record reports on Guthrie water litigation

noreply@blogger.com (Jim Milton) — Sat, 27 Sep 2014 16:48:00 -0500

http://journalrecord.com/2014/09/26/dollars-flow-in-longtime-guthrie-water-fight-law/

Bulk water charges are the wave of the future

noreply@blogger.com (Jim Milton) — Thu, 1 May 2014 11:13:00 -0500

http://m.normantranscript.com/normantrans/pm_112594/contentdetail.htm?contentguid=KsJFdDXn

Fortune asks: What is water worth?

noreply@blogger.com (Jim Milton) — Thu, 1 May 2014 08:13:00 -0500

http://tech.fortune.cnn.com/2014/05/01/brainstorm-green-water/

E. Coli Found in Yale Water - KTUL.com - Tulsa, Oklahoma - News, Weather & Sports

noreply@blogger.com (Jim Milton) — Sun, 13 Apr 2014 16:51:00 -0500

E. Coli Found in Yale Water - KTUL.com - Tulsa, Oklahoma - News, Weather & Sports

Ruling restricts aquifer water consumption - Tulsa World: Local

noreply@blogger.com (Jim Milton) — Mon, 28 Oct 2013 23:23:00 -0500

Ruling restricts aquifer water consumption - Tulsa World: Local

Supreme Court decision leaves Texas dry - Tulsa Business and Legal News: Government

noreply@blogger.com (Jim Milton) — Fri, 21 Jun 2013 10:33:00 -0500

Supreme Court decision leaves Texas dry - Tulsa Business and Legal News: Government

Supreme Court: Oklahoma water statutes stand; 10th Circuit affirmed; Oklahoma wins

noreply@blogger.com (Jim Milton) — Thu, 13 Jun 2013 09:58:00 -0500

I will be updating this post with information on the decision as it develops. Here are my quick takeaways:

10th Circuit decision is affirmed. In this posture, that is a win for Oklahoma.
Oklahoma laws passed in response to Tarrant Regional's actions are allowed to stand. Among them, 82 O.S. 1086.1(A)(3) says: "Water use within Oklahoma [should] be developed to the maximum extent feasible for the benefit of Oklahoma so that out-of-state downstream users will not acquire vested rights therein to the detriment of the citizens of this state."
The Oklahoma Attorney General stated: "We can find no intention to create the possibility that such a valuable resource as water may become bound, without compensation, to use by an out-of-state user."
The decision is limited to the Red River Compact waters -- surface waters within the Red River and its tributaries and basins.
Red River Compact does not preempt Oklahoma water laws.
The decision depends greatly on the text of the Red River Compact and the course of dealing between Texas and Oklahoma over the past 40 years.
If the Compact intended to allow Texas to take part of its water from the Oklahoma side of the river, according to the U.S. Supreme Court, the Compact would have said so.
Oklahoma water laws do not violate the Dormant Commerce Clause, because all of the water covered by the Red River Compact is allocated.
Open door: The decision does not address water that falls outside the Red River Compact.
Remember that Tarrant Regional asked for an allocation -- which means a permit from the Oklahoma Water Resources Board that allows a member of the Oklahoma public to use surface water that, under Oklahoma law, is public water.
Tarrant Regional's current effort offered no compensation and sought to be treated as a citizen of Oklahoma.
In the past, Tarrant Regional tried to purchase water from the State of Oklahoma, the Chickasaw, and the Choctaw. These efforts failed. Perhaps there will be further efforts.

Text of decision: http://www.law.cornell.edu/supct/pdf/11-889.pdf

Continued rains could help central Oklahoma bounce back » Headlines » The Norman Transcript

noreply@blogger.com (Jim Milton) — Sat, 27 Apr 2013 14:15:00 -0500

Continued rains could help central Oklahoma bounce back » Headlines » The Norman Transcript

EDITORIAL: A struggle for water - Washington Times

noreply@blogger.com (Jim Milton) — Sat, 27 Apr 2013 14:11:00 -0500

EDITORIAL: A struggle for water - Washington Times

Journal Record has a report on some of the possible outcomes of the Supreme Court proceeding in Tarrant Regional

noreply@blogger.com (Jim Milton) — Tue, 23 Apr 2013 16:33:00 -0500

http://journalrecord.com/2013/04/23/no-watertight-solutions-experts-say-more-work-needed-on-tarrant-regional-case/

Transcript of oral argument in Tarrant Regional

noreply@blogger.com (Jim Milton) — Tue, 23 Apr 2013 12:58:00 -0500

http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-889.pdf

5th Annual Oklahoma Water Law Conference

noreply@blogger.com (Jim Milton) — Mon, 25 Mar 2013 22:43:00 -0500

http://www.cle.com/upcoming/PDFs/OKCWAT13.pdf

Oklahoma Watch article on conservation necessitated by shortage

noreply@blogger.com (Jim Milton) — Mon, 25 Mar 2013 22:33:00 -0500

Oklahoma Watch appears committed to in depth reporting on Oklahoma water issues, as indicated by this article. You may want to bookmark this publication if you are following water in Oklahoma.

http://oklahomawatch.org/2013/03/22/as-water-dwindles-will-oklahomans-conserve/

City of Norman considers tighter control of domestic water wells

noreply@blogger.com (Jim Milton) — Thu, 7 Mar 2013 07:08:00 -0600

http://normantranscript.com/headlines/x1837425076/Private-wells-not-a-solution-for-Norman-water-shortage

A step closer to SCOTUS's hearing on Oklahoma water

noreply@blogger.com (Jim Milton) — Wed, 20 Feb 2013 20:16:00 -0600

Tarrant Regional has filed its brief on the merits. When I find an online copy, I will post a link here. In the meantime, read this article in the Journal Record for details: http://journalrecord.com/2013/02/20/tarrant-files-brief-with-high-court-law/

The money quote: Sen. Jerry Ellis: “Texas needs to spend their money, instead of on lawyers and lobbyists, on desalinization plans and enforcing conservation.”

Choctaw and Chickasaw Nations: mediation process working well, parties communicating well

noreply@blogger.com (Jim Milton) — Tue, 19 Feb 2013 21:50:00 -0600

Hall Estill water law practice

noreply@blogger.com (Jim Milton) — Sun, 10 Feb 2013 19:22:00 -0600

@jimmilton: The #HallEstill #water law practice is deep in experience and active in Oklahoma water issues http://t.co/yURAHCrM @HallEstill

OML Water Summit -- slides from presentations

noreply@blogger.com (Jim Milton) — Fri, 8 Feb 2013 11:01:00 -0600

Follow this link to access the slideshow file for Jim Milton's presentation, or view it below:

Follow this link to access the slideshow file for Ken Williams' presentation, or view it below:

OML Water Summit, Feb. 8, 2013

noreply@blogger.com (Jim Milton) — Sun, 20 Jan 2013 12:30:00 -0600

http://okml.webs.com/Education/Water%20Summit%202013%20Flyer.pdf

Journal Reporter Scott Carter nails it in describing the importance of the legal battle over Oklahoma water

noreply@blogger.com (Jim Milton) — Fri, 18 Jan 2013 14:54:00 -0600

Journal Reporter Scott Carter's January 17, 2013 column nails it in describing the importance of the legal battle over Oklahoma water. Those who are interested in Oklahoma water should read this column and should watch Mr. Carter's reporting as the legal battle unfolds.

Here is a preview:

Former Gov. David Walters made this same statement several times, then ended his speech with this warning: “If we don’t address the issue, the courts will and Oklahoma will be told what to do with its water, instead of being able to make that decision on its own.”

Municipalities set water rationing policy for their wholesale water customers

noreply@blogger.com (Jim Milton) — Thu, 17 Jan 2013 21:28:00 -0600

In a January 17, 2013 article, the Journal Record notes that OKC sets water policy for the metropolitan area.

Oklahoma City sets policy for most of the metro area, as other government structures that buy water from Oklahoma City are contractually obligated to also set rations. The list is comprised of Blanchard, Edmond, El Reno, Moore, Mustang, Newcastle, Norman, Piedmont, Yukon, Canadian County Rural Water District No. 3, the Deer Creek Rural Water Corporation, Tinker Air Force Base and Pottawatomie County Rural Water District No. 3.

This contractual requirement finds its root in a state law that controls wholesale water contracts entered by municipalities. Title 11, Section 37-119 states the requirement as follows:

The contracts shall provide that the persons or public or private entities outside the corporate limits of the municipality shall be subject to a rationing program consistent with any rationing program ordered by the municipality.

With these provisions required to be contained in municipal wholesale water contracts, we can expect a "trickle down" rationing effect this summer, especially if the predictions are correct in calling for continued drought conditions.

The Journal Record article can be found here: http://journalrecord.com/2013/01/17/cultivating-water-preservation-nurseries-landscapers-ahead-of-okc-policy-in-dealing-with-drought-general-news/