City of Altus, Oklahoma v. Carr

SUTTLE, District Judge.

This is a suit for declaratory judgment decreeing that Section 2 of Article 7477b, Vernon’s Ann.Tex.Civ.Stats. 1 is unconstitutional and void as being in violation of the Commerce Clause 2 of the United States Constitution, and for permanent injunction restraining the enforcement or execution thereof against these plaintiffs.

Section 2 of Article 7477b, Vernon’s Ann.Tex.Civ.Stats. (Supp.1965) reads:

“No one shall withdraw water from any underground source in this State for use in any other state by drilling a well in Texas and transporting the water outside the boundaries…