TEXAS COUNTY IRR. & WATER RES. ASSN v. OKL. WATER RES. BD.

Nos. 70608, 70609.

803 P.2d 1119 (1990)

TEXAS COUNTY IRRIGATION AND WATER RESOURCES ASSOCIATION, an Oklahoma non-profit corporation; Norman Steinle and Gerald Hofferber, Plaintiffs-Appellees, v. OKLAHOMA WATER RESOURCES BOARD, Defendant-Appellant, and Mobil Oil Corporation, Defendant/Intervenor-Appellant.

Supreme Court of Oklahoma.

As Corrected January 7, 1991.

Rehearing Denied January 8, 1991.


Attorney(s) appearing for the Case

Gary W. Davis, L. Mark Walker, Crowe & Dunlevy, Oklahoma City, for appellant, Mobil Oil Corp.

Dean A. Couch, C. Lou Klaver, Oklahoma City, for appellant, Oklahoma Water Resources Bd.

Andrew T. Dalton, Jr., Tulsa, for appellees.


OPALA, Vice Chief Justice.

At issue in this appeal is the correctness of the district court's § 3061 declaratory ruling that the determination of "maximum annual yield" of water allocated to each acre of land over the Ogallala Groundwater Basin in Texas County is an invalid agency rule. We reverse the order as contrary to law.

I

THE ANATOMY OF LITIGATION

Appellee...

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