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CITY OF HUGO v. NICHOLS

Nos. 10-7043, 10-7044.

656 F.3d 1251 (2011)

CITY OF HUGO, an Oklahoma municipality; Hugo Municipal Authority, an Oklahoma Public Water Trust for the benefit of the City of Hugo, Oklahoma, Plaintiffs, v. Jess Mark NICHOLS; Rudolf John Herrmann; Ed Fite; Ford Drummond; Jack W. Keeley; Kenneth W. Knowles; Linda Lambert; Lonnie Farmer; Richard Sevenoaks, in their official capacity as members of the Oklahoma Water Resources Board and the Oklahoma Water Conservation Storage Commission, Defendants-Appellees, City of Irving, Intervenor-Appellant. City of Hugo, an Oklahoma municipality; Hugo Municipal Authority, an Oklahoma Public Water Trust for the benefit of the City of Hugo, Oklahoma, Plaintiffs-Appellants, v. Jess Mark Nichols; Rudolf John Herrmann; Ed Fite; Ford Drummond; Jack W. Keeley; Kenneth W. Knowles; Linda Lambert; Lonnie Farmer; Richard Sevenoaks, in their official capacity as members of the Oklahoma Water Resources Board and the Oklahoma Water Conservation Storage Commission, Defendants-Appellees, City of Irving, Intervenor.

United States Court of Appeals, Tenth Circuit.

September 7, 2011.

Attorney(s) appearing for the Case

Douglas G. Caroom , Bickerstaff Heath Delgado Acosta LLP, Austin, TX ( Dale E. Cottingham and Patrick R. Wyrick , Gable-Gotwals, Oklahoma City, OK; Susan M. Maxwell , Bickerstaff Heath Delgado Acosta LLP, Austin, TX, with him on the briefs), for Intervenor-Appellant and Plaintiffs-Appellants.

Charles T. DuMars , Law & Resource Planning Associates, P.C., Albuquerque, NM ( M. Daniel Weitman , Assistant Attorney General, Oklahoma Attorney General's Office, Oklahoma City, OK; Stephen Curtice , Law & Resource Planning Associates, P.C., Albuquerque, NM, with him on the briefs), for Defendants-Appellees.

Before MURPHY, GORSUCH, and MATHESON, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

The City of Hugo, Oklahoma, and the Hugo Municipal Authority, a public water trust, (collectively "Hugo") have contracted with the City of Irving, Texas, ("Irving") for the sale of water Hugo has been or seeks to be allocated under permits issued by the Oklahoma Water Resources Board ("Board"). Hugo and Irving brought suit against the nine members of the Board for a declaration...

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