State court upholds Arbuckle-Simpson water use decision
The Oklahoma Supreme Court has refused to hear an appeal by the agriculture, mining and drilling industries that challenged a policy limiting the amount of water that can be used from the ArbuckleSimpson aquifer.
The underground water source covers more than 500 square miles in south-central Oklahoma and is a source of drinking water for thousands in the area. It’s also used by farmers and ranchers, along with mining companies and the oil and gas industry.
Five years ago, the Oklahoma Water Resources Board placed a cap on the amount of water that can be exported from the region. The policy triggered a lawsuit challenging the maximum annual yield that can be taken from the aquifer, which found its way to the Supreme Court.
Without comment, a majority of the justices chose not to hear the case. Two justices partially disagreed with the decision.
An advocacy group, the Citizens for the Protection of the ArbuckleSimpson Aquifer, praised the ruling against what they called a “lastditch request.”
“Those of us in southcentral Oklahoma have been fighting this fight for 15 years against large outside interests, in true David and Goliath fashion, because we understand that having flows from the ArbuckleSimpson continue is vital to our economic growth,” said Amy Anne Ford, president of the group.
“When you look at where we are now, with all that’s going on in Ada, Ardmore, Durant, Sulphur, Tishomingo and all the communities in our area bringing in new jobs and industries, we can all point back to our ability to ensure a reliable water supply as a critical component of that growth.”
Protections for the aquifer were established in 2003 with legislation requiring the Oklahoma Water Resources Board to set a sustainable maximum annual yield. Those limits protect springs and streams from excessive groundwater pumping, Ford said.
The lawsuit was filed on behalf of the Oklahoma Farm Bureau Legal Foundation, Pontotoc County Farm Bureau, Oklahoma Independent Petroleum Association, Environmental Federation of Oklahoma, Oklahoma Aggregates Association, ArbuckleSimpson Aquifer Protection Federation of Oklahoma Inc., and TXI Inc.
In court documents, the groups questioned the agency-set limits, and argued that the policy was arbitrary and not based on scientific criteria. An attorney for the Oklahoma Farm Bureau Legal Foundation declined to comment.