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Hugo/Irving water deal still faces obstacles
By Bill Hankins
The Paris News
Published July 26, 2009
HUGO, Okla. — City officials in Hugo and Irving believe water soon will start flowing from the abundant streams of Oklahoma to the thirsty North Texas town.
If it does, it likely would mean a water pipeline through Lamar County, possibly along the old abandoned Kiamichi railroad line.
Hugo and Irving signed a contract on the sale of water in August 2008, but an Oklahoma moratorium against the sale of water stood in the way of exercising that contract.
Tarrant Regional Water District filed for an injunction to block the moratorium and allow the sale in U.S. District Court in Oklahoma.
The court issued a temporary injunction in favor of the sale, then set a hearing on a permanent injunction in December.
“All we need is that permanent injunction and we believe we will be free to move forward with the sale of water to Irving,” Hugo city manager David Rawls said Friday. “At some point in time, we are sure water will be flowing from Oklahoma to Texas.”
Oklahoma State Sen. Jerry Ellis is not so sure water will flow anytime soon.
“We have filed for a dismissal of the case and have asked the court to consider we passed a new moratorium in May to give the state time to complete a comprehensive water plan that should be finished in 2011,” Ellis said.
Ellis said if the sale of water is allowed to begin, it will open the door for lots of litigation, because other counties in the same watershed area will be determined to get some of the sale profits.
“This could be a retirement plan for lawyers waiting to file lawsuits,” he said.
“We don’t want to send the water out of state,” Ellis said. “We want investors to come to Oklahoma and build. If we allow our water to go to Texas, then those investors can go there, and we will be fueling their growth.”
Irving public works official Ramiro Lopez said the city already is in Phase 1 on the contract, finding a way to get the water from Hugo Lake to Irving.
“We are looking at several options, including the Kiamichi Rail route, but the final decision has not been made,” Lopez said. “But we are very optimistic this contract will be completed, and we are interested in developing a strong relationship with Hugo.”
Lopez said the contract calls for at least 25,000 acre feet of water per year to be delivered to Irving, with options for more.
Oklahoma Attorney General Drew Edmondson has asked the federal court to dismiss the lawsuit filed by the Tarrant Regional Water District against members of the Oklahoma Water Resources Board two years ago.
The suit alleges the moratorium against the sale of water out of state is unconstitutional.
Oklahoma’s dismissal motion argues that a new law passed in May of this year effectively repealed the old moratorium and that the issue now should be decided by the Red River Compact Commission, created by Congress in 1980 to aportion water that flows along Red River.
The contract between Hugo and Irving calls for a four-phase development plan to create a continuous flow of water from Hugo Lake to the north Texas city.
The temporary injunction blocking the moratorium has been issued by the federal court.
“Now all that remains is for us to get the permanent injunction to assure the water will flow,” Rawls said.
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