City of Stillwater v. Oklahoma Water Resources Board

(specially concurring).

I specially concur in the opinion of the majority. After extensive informal conference with all parties in attendance, it appears appellee’s claim is based upon the United States Government’s failure to effect a hydrographic survey and adjudication when it “appropriated” the waters in question. Appellee argues since the survey was not done, nor the adjudication obtained, the United States Government did not make a valid appropriation, and therefore appellant Regents could take nothing from the United States. Appellee relies upon Gay v. Hicks, 33 Okl. 675, 124 P. 1077…