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TEXAS CTY. IRRIGATION v. CITIES SERV. OIL CO.

No. 48311.

570 P.2d 49 (1977)

TEXAS COUNTY IRRIGATION AND WATER RESOURCES ASSOCIATION, INC., a non-profit Oklahoma Corporation, by its Board of Directors, Appellee, v. CITIES SERVICE OIL COMPANY, a Delaware Corporation, and the State of Oklahoma ex rel. Oklahoma Water Resources Board, Appellants.

Supreme Court of Oklahoma.

October 4, 1977.

Attorney(s) appearing for the Case

Tryon, Sweet, Field & Petty, Guymon, Joseph F. Rarick, Norman, for appellee.

E.L. Creasey, Charles A. Purser, Peer L. Anderson, Tulsa, for appellant, Cities Service Oil Co.

Larry Derryberry, Atty. Gen. of Oklahoma, James R. Barnett, Asst. Atty. Gen., for appellant, State ex rel. Oklahoma Water Resources Bd.

Michael C. Smith, Tulsa, for amicus curiae, Gulf Oil Co. — U.S.

Paul D. Fielding, Jr., Tulsa, for amicus curiae, Sun Oil Co.

Galen E. Ward, Oklahoma City, Carl W. Jones, Bartlesville, for amicus curiae, Phillips Petroleum Co.

Harry O. Lambert, Oklahoma City, Okl., for amicus curiae, Amoco Production Co.

David R. Latchford, Denver, Colo., John E. Robertson, New York City, S.M. Groom, Jr., Edmond, for amicus curiae, Mobil Oil Corp.

LAVENDER, Vice Chief Justice:

Cities Service Oil Company (Cities Service), appellant, filed its application with the Oklahoma Water Resources Board (Board), appellant, on April 5, 1973. That application sought a permit to appropriate 235.23 acre-feet annually of fresh underground water from the Ogallala formation for the purpose of secondary oil recovery in a water flood project. The leased water rights covered a 120-acre...

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