Legal Opinion · Concurrence

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

Supreme Court of Oklahoma

Decided December 26, 1984No. 56355Published

1ConcurrenceKauger, Justice

I concur with the majority opinion, and with the finding that severed groundwater may be transported from leased lands. I write separately to articulate my reasons for concurring in the answers given by today’s pronouncement.

I am still concerned with the responsibility we share to prevent the unbridled consumption of fresh groundwater and to exercise both the will and the wisdom to conserve the good earth, with the certain knowledge that unless we act, the Ogallala aquifer probably will be exhausted by the year 2020.1 We cannot wait until tomorrow to worry about this problem. It must be faced…

2Cases cited27 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Chrysler Corp. v. BrownSupreme Court of the United States · 1979
  3. Morton v. RuizSupreme Court of the United States · 1974
  4. State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980
  5. Jackson v. Independent School District No. 16Supreme Court of Oklahoma · 1982

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