JACOBS RANCH, L.L.C. v. SMITH

No. 101,727.

148 P.3d 842 (2006)

2006 OK 34

JACOBS RANCH, L.L.C., an Oklahoma limited liability company, Roos Ranch, Inc., an Oklahoma corporation, and Roos Resources, Inc., an Oklahoma corporation, Plaintiffs/Appellants, v. Duane A. SMITH, as Executive Director, and the Oklahoma Water Resources Board, an agency of the State Of Oklahoma, Defendants/Appellees, and Arbuckle Master Conservancy District, the City of Ardmore, The City of Davis, the City of Durant, the City of Sulphur, the City of Tishomingo, the City of Wynnewood, The City of Ada, and Gary Green, Earl Brewer, John Bruno, and Reginald Easterling, as members of the Citizens for the Preservation of the Arbuckle-Simpson Aquifer, Intervenors/Appellees.

Supreme Court of Oklahoma.

Rehearing Denied and as Corrected November 6, 2006.


Attorney(s) appearing for the Case

Clyde A. Muchmore, Mark S. Grossman, Crowe & Dunlevy, Oklahoma City, OK, for plaintiffs/appellants.

Dean A. Couch, Oklahoma City, OK, for defendants/appellees, Duane A. Smith and Oklahoma Water Resources Board.

Jason B. Aamodt, Rayanne G. Tobey, Aamodt & Tobey, Tulsa, OK, for intervenors/appellees, Gary Green, Earl Brewer, John Bruno, and Reginald Easterling as members of the Citizens for the Preservation of The Arbuckle-Simpson Aquifer.

D. Craig Shew, Smith, Shew, Scrivener & Corbin, Ada, OK, for intervenor/appellee, the City of Ada.

Charles W. Shipley, Robert D. Kellogg, Jamie Taylor Boyd, Shipley & Kellogg, P.C., Tulsa, OK, for intervenors/appellees, The Arbuckle Master Conservancy District and the Cities of Ardmore, Davis, Durant, Sulphur, Tishomingo and Wynnewood.

Neal Leader, Senior Assistant Attorney General, Oklahoma City, OK, for the Office of the Attorney General.1


TAYLOR, J.

¶ 1 Plaintiffs/appellants challenge recent amendments to the Oklahoma Groundwater Law, 82 O.S.2001, §§ 1020.1, et seq. The challenged legislation,2 codified at 82 O.S.Supp.2003, §§ 1020.9, 1020.9A and 1020.9B, relates to "sensitive sole source groundwater basins." It defines "sensitive sole source groundwater basin" as:

a major groundwater basin...

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