theadanews.com - Ada, Oklahoma

Local News

October 30, 2013

Arbuckle-Simpson fight shifts to the courtroom

Ada —

 

The fight over water in the Arbuckle-Simpson Aquifer has moved from the boardroom to the courtroom.

Both sides are asking an Oklahoma County District Court judge to review a decision by the Oklahoma Water Resources Board which voted last week to limit the amount of water that can be shipped out of the aquifer each year. The board’s order set the maximum annual yield at 78,404 acre feet.

The order also set new limits on the amount of water that landowners can take from the aquifer each year, a number known as the equal proportionate share. Under the order, communities and individual water permit holders can withdraw up to 0.2 acre feet — approximately 2.4 inches — of water per acre per year.

Now that the order is final, the board has begun drafting rules concerning implementation, well spacing and other technical issues.

 

Judicial review

Several organizations that oppose the MAY are attacking the order on a variety of grounds, including a complaint that the board relied on bad science and incomplete evidence, according to a copy of the organization’s motion seeking judicial review. The group also contends that the order violates landowners’ property rights because it limits the amount of groundwater that can be transferred from the aquifer each year.

“The Board’s MAY determination is unconstitutional, because the effective appropriation of 90 percent of the Petitioners’ groundwater rights constitutes a taking of private property without compensation,” the group said.

The group is asking the court to direct the OWRB to correct an alleged series of procedural and substantive errors,  which led to the order setting the MAY.

Supporters of the MAY are also asking the court to review the decision, but on different grounds.

The nonprofit organization Citizens for the Protection of the Arbuckle-Simpson Aquifer, which supports the MAY, said the order should have indicated which documents are included in the administrative record. The organization noted that it had previously asked the OWRB to add 34 documents to the record, including scientific studies of the aquifer.

Text Only | Photo Reprints
Local News
AP Video
Ariz. Inmate Dies 2 Hours After Execution Began Crash Kills Teen Pilot Seeking World Record LeBron James Sends Apology Treat to Neighbors Raw: Funeral for Man Who Died in NYPD Custody Migrants Back in Honduras After US Deports Israeli American Reservist Torn Over Return Raw: ISS Cargo Ship Launches in Kazakhstan Six Indicted in StubHub Hacking Scheme Former NTSB Official: FAA Ban 'prudent' EPA Gets Hip With Kardashian Tweet Bodies of MH17 Victims Arrive in the Netherlands Biden Decries Voting Restrictions in NAACP Talk Broncos Owner Steps Down Due to Alzheimer's US, UN Push Shuttle Diplomacy in Mideast Trump: DC Hotel Will Be Among World's Best Plane Crashes in Taiwan, Dozens Feared Dead Republicans Hold a Hearing on IRS Lost Emails Raw: Mourners Gather As MH17 Bodies Transported Robot Parking Valet Creates Stress-free Travel Raw: Fight Breaks Out in Ukraine Parliament
Stocks
Poll

Who do you blame more for the trouble in Gaza?

The Israelis
Hamas
     View Results