Oklahoma ex rel. Phillips v. Guy F. Atkinson Co.

The federal government, acting through the War Department, sought to build a dam and reservoir on the Red River in Oklahoma as part of a long-standing effort to control flooding along the Mississippi River (into which the Red River flowed) and the lower Red River basin. The planned project would also generate hydraulic power. The Red River upstream from the proposed dam was not considered navigable waters. Oklahoma, via then-governor Leon Phillips (plaintiff), filed an action in the United States District Court for the Eastern District of Oklahoma against the War Department’s contractor, Guy F. Atkinson Co. (Atkinson) (defendant), seeking to enjoin the construction of the dam. Oklahoma contended that the attempt to build the dam was unconstitutional because the Red River was not navigable waters subject to federal control, nor did the government have the right to take property for power generation. Oklahoma complained that the reservoir created by the dam would result in the loss of over 100,000 acres of Oklahoma land, destroying roads, bridges, and other improvements and displacing citizens without any commensurate benefit to Oklahoma or its citizens. Instead, Oklahoma argued, the bulk of any alleged benefits of the dam would be received elsewhere, such as in Texas. Atkinson moved to dismiss the case, and the district court granted the motion. The dismissal was upheld on appeal, and Oklahoma sought and obtained review from the United States Supreme Court.