HELDERMON v. WRIGHT

No. 100,709.

152 P.3d 855 (2006)

2006 OK 86

Teddy Neal HELDERMON and Sharon Joyce Heldermon, husband and wife and joint tenants, and Denny Lee Hight and Jana Harris Hight, husband and wife, as Co-Trustees of the Denny Lee Hight and Jana Harris Hight Family Trust, Plaintiffs/Appellees, v. Danny WRIGHT, Defendant/Appellant.

Supreme Court of Oklahoma.

Rehearing Denied February 12, 2007.


Attorney(s) appearing for the Case

Richard P. Propester, Day, Edwards, Propester & Christensen, Oklahoma City, OK, for defendant/appellant.

Travis A. Pickens, Travis A. Pickens, P.C., Mitchell, Davis, Klein & Pickens, Oklahoma City, OK, Tom A. Frailey, Frailey, Chaffin, Cordell, Perryman, Sterkel & McCalla, LLP, Chickasha, OK, for plaintiffs/appellees.

Robert D. Singletary, Assistant Attorney General, Oklahoma City, OK, for the Oklahoma Attorney General.

Dean A. Couch, Oklahoma City, OK, for amicus curiae Oklahoma Water Resources Board.

James R. Barnett, R. Thomas Lay, Kerr, Irvine, Rhodes & Ables, Oklahoma City, OK, for amici curiae Juniper Water Company, Inc., Oklahoma Gas and Electric Company, Co., Central Oklahoma Master Conservancy District, the Waurika Lake Master Conservancy District, the City of Ponca City, the City of Perry, Georgia-Pacific Corp., and Public Service Company of Oklahoma.

Craig B. Keith, Diane Lewis, Office of Municipal Counselor, Oklahoma City, OK, for amici curiae the City of Oklahoma City and Oklahoma City Water Utilities Trust.

Jeff L. Todd, Amy D. White, McAfee & Taft, Oklahoma City, OK, for amicus curiae the Oklahoma Farm Bureau Legal Foundation.

Diane Pedicord, Sue Ann Nicely, Oklahoma City, OK, John Vincent, Lawton, OK, for amicus curiae Oklahoma Municipal League, Inc.

Marjorie Galt, Oklahoma City, OK, H. Duane Riffe, Riffe & Associates, Broken Arrow, OK, for amicus curiae Oklahoma Rural Water Association.


TAYLOR, J.

I. ISSUES

¶ 1 The dispositive issue in this case is whether under title 82, section 105.5, the plaintiffs should have given the Oklahoma Water Resources Board (OWRB) notice in the district court of this suit. We find that title 82, section 105.5 of the Oklahoma Statutes requires the OWRB be given notice and remand with directions to proceed accordingly.

II. FACTS AND PROCEDURAL HISTORY

¶ 2 The defendant, Danny Wright...

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