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TARRANT REGIONAL WATER DIST. v. SEVENOAKS

No. 07-6273.

545 F.3d 906 (2008)

TARRANT REGIONAL WATER DISTRICT, a Texas State Agency, Plaintiff-Appellee, v. Richard SEVENOAKS; Kenneth K. Knowles; Jack W. Keely; Ed Fite; Linda Lambert; Ford Drummond; Lonnie Farmer; Jess Mark Nichols; Rudolf John Herrmann, in their official capacities as members of the Oklahoma Water Resources Board (OWRB) and the Oklahoma Water Conservation Storage Commission, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 27, 2008.

Attorney(s) appearing for the Case

M. Daniel Weitman, Assistant Attorney General (Kari Y. Hawkins, Assistant Attorney General, with him on the brief), Office of the Oklahoma Attorney General, Litigation Section, Oklahoma City, OK, appearing for Appellants.

Clyde A. Muchmore, Crowe & Dunlevy, (Harvey D. Ellis and L. Mark Walker, Crowe & Dunlevy, Oklahoma City, OK; Kevin L. Patrick and Scott C. Miller, Patrick, Miller, Kropf, P.C., Aspen, CO, with him on the brief), appearing for Appellee.

Before TACHA, BRISCOE, and HARTZ, Circuit Judges.

TACHA, Circuit Judge.

The plaintiff-appellee, Tarrant Regional Water District ("TRWD"), is a Texas agency responsible for supplying public water to the northern part of the state. The defendants-appellants are the nine members of the Oklahoma Water Resources Board ("OWRB"), the Oklahoma agency responsible for issuing permits for the appropriation, sale, and use of Oklahoma water. TRWD filed suit in federal district court, alleging that Oklahoma law unconstitutionally...

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