Hugo files suit against Oklahoma to overturn ban on water sales to Texas

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By Tony Thornton
Published: August 8, 2008

MUSKOGEE — The city of Hugo sued the state today, seeking to overturn Oklahoma's moratorium on selling water to Texas.

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Hugo's impetus: A contract approved Thursday for the Choctaw County city to sell vast amounts of water to Irving, Texas.

The lawsuit, filed in Muskogee's federal courthouse, claims the moratorium violates the Commerce Clause of the U.S. Constitution.

A similar lawsuit, filed last year by a Texas water district, is being reviewed by the 10{+t}{+h} Circuit Court of Appeals in Denver. The new lawsuit is the first time an Oklahoma entity has challenged the moratorium.

In a prepared statement, Hugo City Manager David Rawls said the lawsuit followed "extended" discussions with state officials, including meetings with Gov. Brad Henry and the Oklahoma Water Resources Board.

"Despite these efforts, Hugo was unable to negotiate a resolution and has been left with no choice but to challenge these laws in that they are a restraint of interstate trade," Rawls said.

Officials with both the state water board and the attorney general's office said they were unaware of the lawsuit.

The moratorium is in effect until completion of a 50-year water plan. That plan is expected to be finished in 2011.

Hugo city wants the court to prevent the state from interfering with its proposed water sale to Irving, Rawls said.

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Related Topics: U.S. Government, U.S. State Government


Comments

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If you notice in the "related information" part of this article, it's all about money for the city of Hugo. Texas has wanted Oklahoma water for a long time and you can bet that if they ever tap into our water, it will be permanent. Since water will become more and more of a need inside our own state, we had better take care of Oklahoma first and let Texas start looking somewhere else for their water.
Don, Duncan - Aug 8, 2008 4:36 PM
• Report: Offensive language
Charles. I am an Okie. I had to move close to work to save on fuel costs and becuase there are no jobs in Oklahoma close to the border. The chicken litter needs to be recycled into another form or product, not dumped on the ground to be washed into the rivers. Maybe wind energy or natural gas energy can help pump the water out west. Texas will claim the water if Oklahoma does not find a way to move it to the dry western part of the state.
Eddie, Fort Smith - Aug 8, 2008 4:02 PM
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Gee Eddie, since you have an answer for everything why don't you figure out how to keep the Arkansas water full of chicken crap out of Eastern Okla???
Have you ever looked at a map Eddie. You know how far it is from Hugo to Western Okla??? Transporting water from Hugo to Woodward would "increase crop production, drinking water, industry"...and the price tag to push this water up hill? Eddie...Your brain, "USE IT OR LOSE IT".
Charles, Oklahoma City - Aug 8, 2008 2:24 PM
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The western part of the state could use some of the the water in southeastern Oklahoma. Why is the state not trying to transfer some to the people and farmers in western Oklahoma? It would increase crop production, drinking water and industry. Put some of the many thousands of prisoners to work on a water transfer system to move water out west. This would also free up bed space in the prisons by rotating them from work camps to prison beds every few weeks or monthly. Use GPS to keep track of them while they are working. USE IT OR LOSE IT.
Eddie, Fort Smith - Aug 8, 2008 12:53 PM
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