Franco-American Charolaise, Ltd. v. Oklahoma Water Resources Board
Oklahoma Supreme Court
855 P.2d 568 (1990)
- Written by Tanya Munson, JD
Facts
The Organic Act of 1890 extended England’s common law over Indian territory and was codified as law in Oklahoma. The common-law doctrine of riparian water rights extended rights to the reasonable use of the stream or its natural flow. Riparian rights arise from ownership of land that touches a stream. Oklahoma had enacted other statutes to confer riparian and appropriative rights that were theoretically irreconcilable with the common-law doctrine. In 1963, Oklahoma’s legislature attempted to reconcile the two doctrines. The 1963 amendments limited riparian use for domestic purposes and declared all other water in the stream would become public water subject to appropriation with no requirement for compensation of the riparian owner. In 1980, the City of Ada applied for a permit to increase its existing appropriation of water. The Oklahoma Water Resource Board (OWRB) (defendant) granted the permit. Franco-American Charolaise, Ltd., and other riparian owners and appropriators (Franco) (plaintiffs) challenged the permit approval, alleging that the 1963 amendments that authorized the permit were unconstitutional.
Rule of Law
Issue
Holding and Reasoning (Opala, J.)
Dissent (Lavender, J.)
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