Weekly Opinion Editorial

COOL CLEAR WATER!
by Steve Fair

W.C. Fields said, “I never drink water. I'm afraid it will become habit-forming.” Fields was right- water is habit forming. According to A.C. Nielsen sales of bottled water last year were over $60 billion. Water is a necessary precious resource. Wars have been fought over water and the right to use it. Oklahoma may be about to go to war with Texas over water rights.
*****
In early August, Oklahoma Speaker of the House Kris Steele, (R-Shawnee), and Senate Pro Temp Brian Bingman, (R-Sapulpa) appointed sixteen state legislators to a joint legislative committee to study Oklahoma’s water policy. State Senator Brian Crain, (R-Tulsa), an attorney, and State Representative Phil Richardson, (R-Minco), a retired veterinarian, are co-chairs of the committee. Capital Beat has an excellent story on those appointed. You can read it at http://www.capitolbeatok.com/_webapp_3944106/Legislative_leaders_name_Joint_Legislative_Water_Committee,_with_diverse_group_of_16_members
*****
The committee met for the first time last Wednesday and according to OETA, they focused on water laws and court cases governing the allocation and use of water in Oklahoma. A New Mexico environmental attorney, Chuck DeMars, reviewed ‘The Red River Compact’ with the committee members.
*****
‘The Red River Compact’ was signed in 1978 by member states to resolve and prevent disputes over waters of the Red River Basin that are shared between the neighboring states of Arkansas, Louisiana, Oklahoma and Texas, and to assure the receipt by member states of adequate surface flows and releases.
*****
The Red River Compact Commission consists of nine members -- two members from each of the four states (the director of the state water agency and a basin resident appointed by the governor) and a federal representative appointed by the President. The federal commissioner is a non-voting member and serves as Commission chairman. The Commission meets once each year.
*****
While provisions of the Red River Compact specifically state how much water each signatory state is allowed to develop or store on an interstate stream, the compact generally provides a means of working out problems between member states in an orderly manner, thus preventing the likelihood of litigation in most cases.
*****
But the Tarrant County Regional Water District sued the Oklahoma Water Resources Board and the Oklahoma Water Conservation Storage Commission to keep its permit applications from being dismissed while the matter was in court. Dallas Water Utilities, the North Texas Municipal Water District and the Upper Trinity Regional Water District have since become parties to the lawsuit.
*****
The TCRWD wants to divert more than 130 billion gallons of water from river basins just north of the Red River and provide it to the district's growing population(Fort Worth area), which has been projected at 4.3 million by 2060.
*****
The district filed permit applications in 2007 to capture water from three river basins in south central and southeastern Oklahoma before it enters the Red River and takes on too much salt to be drinkable.
*****
While selling water to our southern neighbors may seem almost treasonous to many Sooners, we must approach this issue in a rational logical way.
*****
First, north Texas is one of the fastest growing areas in population in the United States and they need water. If Oklahoma has a water surplus, that could provide millions of dollars in capital to help create jobs and opportunity for our state. The key is what is ‘surplus.’ How much water do we have in Oklahoma that we don’t really need? Selling water to Texas may be a prudent, wise decision, but determining what is surplus is the key. As this year’s record setting drought has shown, water can evaporate quickly in 100 degree temperatures.
*****
Second, allowing this case to go to trial in federal court is risky. Oklahoma could lose and Texas would get the water for free. The Tarrant County group has argued that Oklahoma has more than enough water for its needs and is violating the Red River Compact by not sharing it.
"There's enough water in the Kiamichi River basin alone to serve four times the population of Oklahoma," Jim Oliver, director of the Tarrant County group says. Indeed, the OWRB has said repeatedly that Oklahoma has more than enough water for our needs. If the court agrees with Texas, we give them the water. That’s even worse than selling it.
*****
Third, before we start selling water out of state, we should insure that every area of Oklahoma is taken care of, not just the SE corner of the state where there is an ample supply of water. This committee should be looking at ways to move Oklahoma’s water to other parts of the state to help suffering Sooners. I realize that may be a challenge logistically, but before we start selling water to others; we should be taking care of ourselves.
*****
Fourth, if the state sells the water to Texas, what happens to the money? Will it go to roads and bridges? Will it go to social programs? Will it just be thrown into the state’s general fund and used to shore up short budgets and more state employees? Any sale of water should move the state forward with long term investments in infrastructure like roads and bridges or aqueducts within the state to move surplus water from one area to another.