Current developments on Oklahoma water law. News for use by municipal water service providers. Wholesale and raw water transfers and contracts. Reports on litigation between rural water districts and municipal water service providers. Up to date information on the anticompetitive protection available through 7 U.S.C. section 1926(b).
Thursday, September 22, 2011
Petition for Rehearing filed in Spending Clause challenge against Section 1926(b) protection
From the Petition: "This proceeding raises the issue of whether rural water districts formed by Oklahoma county commissions, and virtually devoid of any other regulation by the State of Oklahoma, may use monopoly protection granted under federal law to restrict or even prevent the provision of water services, including water used for fire protection, in areas described as the 'urban fringe' – which in reality consist of residential subdivisions, apartment buildings, retail centers, and even hospitals."