Legal Opinion

Franco-American Charolaise, Ltd. v. Oklahoma Water Resources Board

Supreme Court of Oklahoma

Decided April 24, 1990No. 59310PublishedCited by 15 opinions

1Opinion of the Court

OPALA, Justice.

This appeal challenges the constitutionality of the 1963 amendments to Oklahoma’s water law insofar as the amendments regulate riparian rights.2 The case also raises a first-impression question about the interpretation of the requirements for perfecting an appropriative right under 82 O.S. 1981 § 105.12.3 We affirm the trial court’s findings of fact, holding that they are supported by substantial evidence.4 The questions of law tendered for our resolution are:

1. What is the nature of the riparian right under Oklahoma common law?

2. To what extent did the 1963 amendments abrogate…

2Cases cited39 opinions

  1. Michigan v. LongSupreme Court of the United States · 1983
  2. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  3. Diffenderfer v. Central Baptist Church of Miami, Florida, Inc.Supreme Court of the United States · 1972
  4. United States v. Gerlach Live Stock Co.Supreme Court of the United States · 1950
  5. Joslin v. Marin Municipal Water DistrictCalifornia Supreme Court · 1967

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3Cited by15 opinions

  1. In Re Water Use Permit ApplicationsHawaii Supreme Court · 2000
  2. IN RE: INITIATIVE PETITION NO. 397, STATE QUESTION NO. 767Supreme Court of Oklahoma · 2014
  3. DuLaney v. Oklahoma State Department of HealthSupreme Court of Oklahoma · 1993
  4. Oklahoma Department of Public Safety v. McCradySupreme Court of Oklahoma · 2007
  5. Jacobs Ranch, L.L.C. v. SmithSupreme Court of Oklahoma · 2006

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