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MESSER-BOWERS v. STATE EX REL. WATER BD.

No. 90,783.

8 P.3d 877 (2000)

2000 OK 54

MESSER-BOWERS COMPANY, INC., Mark M. Mayo, Trustee of the Mark M. Mayo Revocable Trust dated November 30, 1994, Wilma J. Mayo, also known as Billie J. Mayo, Trustee of the Wilma J. Mayo Revocable Trust dated December 21, 1994, and Floyd Sears, Appellants, v. STATE of Oklahoma ex rel. OKLAHOMA WATER RESOURCES BOARD, and Kronseder Farms, Inc., Appellees

Supreme Court of Oklahoma.

July 5, 2000.

Attorney(s) appearing for the Case

Clark McKeever, Enid, Oklahoma, for Appellants.

Dean A. Couch, Oklahoma City, Oklahoma, for Appellee, Water Resources Board.

James R. Barnett, R. Thomas Lay, Kerr, Irvine, Rhodes & Ables, Oklahoma City, Oklahoma, for Appellee, Kronseder Farms.

W.A. Drew Edmondson, Attorney General, Cannon Miles Tolbert, Assistant Attorney General, Oklahoma City, Oklahoma, Amicus Curiae.

HODGES, J.

¶ 1 This appeal raises several issues surrounding the decision of the Oklahoma Water Resources Board (Water Board) to issue a groundwater use permit for land on which Kronseder Farms, Inc. (Kronseder), plans to construct a concentrated swine feeding operation. For the reasons below, this matter is remanded to the Water Board for an evidentiary hearing which conforms to today's decision.

¶ 2 In February...

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