# Oklahoma Water Resources Bd. v. Texas County Irrigation and Water Resources Assn.

> Supreme Court of Oklahoma · December 26, 1984 · 711 P.2d 38

URL: https://www.frixlaw.com/law-library/cases/9597316

## Case

- **Full name:** OKLAHOMA WATER RESOURCES BOARD and Mobil Oil Corporation, a New York Corporation, Appellants, v. TEXAS COUNTY IRRIGATION AND WATER RESOURCES ASSOCIATION, INC., a Non-Profit Oklahoma Corporation, by Its Board of Directors, Appellee
- **Court:** Supreme Court of Oklahoma
- **Decided:** December 26, 1984
- **Citations:** 711 P.2d 38; 88 Oil & Gas Rep. 331; 1984 OK 96; 1984 Okla. LEXIS 176
- **Precedential status:** Published
- **Opinion:** Concurring in part by Hargrave
- **Judges:** Alma Wilson
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9597316

## Opinion text

*72 HARGRAVE, Justice,
concurring in part and dissenting in part:
I concur with the majority only insofar as the opinion reverses the District Court’s ruling that ground water may not be used off of the land from which it is taken. Despite appearances, transportation of ground water is the single issue properly before this Court on appeal. Appellants’ petition in error contains eleven assignments of error, and their brief argues four of those assignments. Conspicuously absent is any mention of waste, and the absence of that issue was noted by the Water Resources Board in a brief filed in response to this Court’s sua sponte enlargement of the issues.
The water transport issue was appealed in a timely fashion — the remaining issues were unappealed and are now final and unappealable. Addressing other issues is a departure from acceptable appellate practice and is an unwarranted exercise of judicial power.
I am authorized to state that LAVENDER, J., joins in the views expressed herein.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9597316. Public record. Not legal advice.