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MERRITT v. CORPORATION COMMISSION

No. 41986.

438 P.2d 495 (1968)

George R. MERRITT and Eula Juanita Merritt, Plaintiffs in Error, v. CORPORATION COMMISSION of the State of Oklahoma, and the State of Oklahoma, and the Southwest Eola Unit, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied March 25, 1968.

Attorney(s) appearing for the Case

DeBois & Peck, Duncan, and W.D. Hart, Pauls Valley, by O.L. Peck, Jr., Duncan, for plaintiffs in error.

Ralph L. Wampler, Conservation Atty., Nell Rhodes Fisher, Asst. Conservation Atty., Oklahoma City, for defendant in error, Corporation Commission of Oklahoma.

M. Darwin Kirk, J.P. Greve, William R. Loar, David G. Probst, Ben Hatcher, Tulsa, for defendant in error, Southwest Eola Unit.

Otjen, Carter & Huddleston, by Charles G. Huddleston, Enid, General Counsel for Oklahoma Farm Bureau amicus curiae.

G.T. Blankenship, Atty., Gen., of Oklahoma, Brian H. Upp, Asst. Atty. Gen., for Oklahoma Water Resources Board amicus curiae.

IRWIN, Vice Chief Justice:

Plaintiffs in error, herein referred to as Applicants, are the owners of the surface rights to a tract of land included in a plan of utilization approved by the Corporation Commission in Order No. 51992, which contained the following proviso:

"The Unit and Unit operator shall have free use of surface or subsurface water from the Unit area for Unit operations, including the right to drill...

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