Hugo files suit against Oklahoma to overturn ban on water sales to Texas
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By Tony Thornton
Published: August 8, 2008
MUSKOGEE — The city of Hugo sued the state today, seeking to overturn Oklahoma's moratorium on selling water to Texas.
Hugo's impetus: A contract approved Thursday for the Choctaw County city to sell vast amounts of water to Irving, Texas.
The lawsuit, filed in Muskogee's federal courthouse, claims the moratorium violates the Commerce Clause of the U.S. Constitution.
A similar lawsuit, filed last year by a Texas water district, is being reviewed by the 10{+t}{+h} Circuit Court of Appeals in Denver. The new lawsuit is the first time an Oklahoma entity has challenged the moratorium.
In a prepared statement, Hugo City Manager David Rawls said the lawsuit followed "extended" discussions with state officials, including meetings with Gov. Brad Henry and the Oklahoma Water Resources Board.
"Despite these efforts, Hugo was unable to negotiate a resolution and has been left with no choice but to challenge these laws in that they are a restraint of interstate trade," Rawls said.
Officials with both the state water board and the attorney general's office said they were unaware of the lawsuit.
The moratorium is in effect until completion of a 50-year water plan. That plan is expected to be finished in 2011.
Hugo city wants the court to prevent the state from interfering with its proposed water sale to Irving, Rawls said.
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Have you ever looked at a map Eddie. You know how far it is from Hugo to Western Okla??? Transporting water from Hugo to Woodward would "increase crop production, drinking water, industry"...and the price tag to push this water up hill? Eddie...Your brain, "USE IT OR LOSE IT".