Mobil Oil Corp. v. State ex rel. Oklahoma Water Resources Board

Although I am not in discord with the views expressed by the court on reaching the merits of this case, I must nonetheless recede from today’s pronouncement because this appeal and counter-appeal are both dismissible as prematurely brought from a nonterminal ruling in a pending district court proceeding for review of an agency decision.

The appeals are sought to be prosecuted from a district court decision that reverses an agency order [by the Oklahoma Water Resources Board] with directions “to take additional evidence and determine .. . [when] usage commenced by Mobil, whether or not the use…