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TARRANT REGIONAL WATER DIST. v. HERRMANN

No. 10-6184.

656 F.3d 1222 (2011)

TARRANT REGIONAL WATER DISTRICT, a Texas State Agency, Plaintiff-Appellant, v. Rudolf John HERRMANN; Jess Mark Nichols; Ford Drummond; Ed Fite; Jack W. Keely; Kenneth K. Knowles; Richard Sevenoaks, in their official capacities as members of the Oklahoma Water Resources Board ("OWRB") and the Oklahoma Water Conservation Storage Commission; Linda Lambert, in her official capacity; Joseph E. Taron, in his official capacity as a member of the Oklahoma Water Resources Board and the Oklahoma Water Conservation Storage Commission, Defendants-Appellees. State of Texas, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 7, 2011.

Attorney(s) appearing for the Case

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

Charles T. DuMars , Law & Resource Planning Associates, P.C., ( Stephen Curtice , Law & Resource Planning Associates, P.C., Albuquerque, NM, and M. Daniel Weitman , Assistant Attorney General, Oklahoma Attorney General's Office, Oklahoma City, OK, with him on the brief), appearing for Appellee.

Robert B. O'Keefe , Chief, General Litigation Division, and Scot M. Graydon , Assistant Attorney General, General Litigation Division, Austin, TX, filed a brief on behalf of Amicus Curiae.

Before MURPHY, GORSUCH, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

I. INTRODUCTION

Tarrant Regional Water District ("Tarrant"), a Texas state agency, applied to the Oklahoma Water Resources Board ("the OWRB") for permits to appropriate water at three locations in Oklahoma for use in Texas. Just before filing its applications, Tarrant sued the nine members of the Oklahoma Water Resources Board (collectively "OWRB") in the district court for the Western District of Oklahoma and sought a declaratory...

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