Facts, not hyperbole, will decide Texas water district's lawsuit against Oklahoma
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The water district sued the state of Oklahoma in 2007. Two years later, lawmakers passed a bill that said the sale of water to any out-of-state interests would have to be approved by the Legislature — essentially ensuring that no such sales will ever be made. Tarrant contends that the bill violates the compact.
The water district has fared poorly in court thus far. In 2010, a federal judge in Oklahoma City dismissed the district's lawsuit. The following year, a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver upheld the lower court's dismissal. One month later, that court denied a request for rehearing before the full court.
The district may stumble yet again with the Supreme Court, which is expected to hear arguments in April. If Tarrant is unsuccessful, it won't be because Oklahoma is or isn't experiencing a drought. It will be because Texas officials lost in a court of law, not the court of public opinion.
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