Search
  • Jennifer Heywood

Tenth Circuit Thwarts Texans’ Attempt to Access Oklahoma Water

The Tenth Circuit Court of Appeals earlier this month upheld a lower court’s dismissal of actions involving the possible interstate transfer of water from southeastern Oklahoma to fast growing communities in North Texas. A water district serving Fort Worth and nearby communities planned to purchase more than 460,000 acre-feet of water from Oklahoma tributaries of the Red River in far southern Oklahoma. The Red River is subject to an interstate Compact entered into among the States of Arkansas, Louisiana, Oklahoma and Texas in 1978. Invoking the “dormant” Commerce Clause, the water district sought to invalidate certain Oklahoma statutes regulating interstate transfers as improper burdens on interstate commerce. The panel held the Compact insulates Oklahoma water statutes from dormant Commerce Clause challenges insofar as they apply to surface water subject to the Compact. The Court also rejected the water district’s claim that the state statutes had been preempted by the Compact.

0 views

Recent Posts

See All

BWJ Conducts COVID-19 Seminar

A seminar on Families First Coronavirus Response Act and CARES Act was held on April 1 by Blankenau Wilmoth Jarecke LLP. Here is a link to the webinar https://www.youtube.com/watch?v=XAoS5YiTDR4&feat

Phone: 402-475-7080

Please note that the materials contained within this web site have been prepared by Blankenau Wilmoth Jarecke LLP for informational purposes only so that site visitors may learn more about the firm, the services it provides, the background of its attorneys, and recent news and developments in the law. These materials do not constitute, and should not be considered, legal advice, and you are urged to consult with an attorney on your own specific legal matters. Transmission of the information contained in this web site is not intended to create, and receipt by the reader does not constitute, an attorney-client relationship with Blankenau Wilmoth Jarecke llp or any of its individual attorneys.

©2019 by Blankenau Wilmoth Jarecke LLP.