Green Life

OKLAHOMA CITY (AP) ― The general manager of a North Texas Municipal Water District said Friday it is willing to pay millions of dollars to transport excess water from southern and southeastern Oklahoma but that the state could get nothing if the district wins a lawsuit over its right to Oklahoma waters.

"The reality is we're willing to pay for something that's leaving the state every single day," said James M. Oliver, general manager of the Tarrant Regional Water District, which serves Fort Worth and other North Texas communities. "If we get a permit, we have a permanent right to that water for free."

But Oklahoma House Speaker Chris Benge said the state will never give away water to North Texas and that a law passed last month by the 2009 Legislature attempts to eliminate appearances of bias against out-of-state water applicants, strengthening the state's legal hand.

"I think we have a potential to win the lawsuit based on what we passed," said Benge, R-Tulsa. "We don't want to give the water away. We do not and will not allow our water to be given away."

The lawsuit is set for trial in U.S. District Court in Oklahoma City on Dec. 7.

Oliver said the Tarrant water district is willing to pay between $15 million and $60 million a year to transport water in southern and southeastern Oklahoma to North Texas, depending upon the volume of water taken.

But he said the district may owe nothing if it wins the lawsuit it filed in 2007 that challenges a moratorium adopted by the Legislature that bars the sale of water out-of-state until a study of Oklahoma's long-term needs is complete.

Currently, Oklahoma City transports water for free from southern Oklahoma. North Texas officials believe their lawsuit could force the state to treat out-of-state customers the same way.

The Tarrant water district would have free access to the water it seeks but would have to pay for pipelines and pumping stations, which will cost between $500 million and $4 billion and take five years to build, Oliver said.

"If we get a permit, we have a permanent right to that water for free," Oliver said. "If we win the lawsuit, there's no reason to negotiate. The cards will be in our favor.

"We've made a fair offer. It's their call."

Benge indicated there are no plans to negotiate with North Texas officials. He said the new state law, similar to one in New Mexico, was drafted to protect the state's legal interests in the case.

Among other things, the law says no out-of-state water permit can prevent the state from meeting its obligations under interstate compacts with other states.

The Oklahoma Water Resources Board must consider in-state water shortages or needs when considering applications for water sales to out-of-state entities. The law allows conditional permits to entities outside Oklahoma and is to be applied to pending and future water permit applications.

The Tarrant water district is seeking 460,000 acre feet of water, or 150 billion gallons annually. An acre foot is a measurement of about 325,000 gallons, or roughly enough water to take care of a household's needs for a year.

Oliver said it is estimated that North Texas will have a critical need for new water supplies by 2030. The district's service area is expected to grow from about 1.7 million people today to 3.5 million in 50 years, he said.

(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)