A federal appeals court’s decision has taken a step toward lifting a state ban on out-of-state water sales, opening a way for a proposed $3-billion project to pipe water from Oklahoma to Texas. The appeals court accepted a north Texas water district’s argument that Oklahoma’s ban could constitute illegal restraint of interstate commerce.
The Tarrant Regional Water District, a Fort Worth-based utility serving 1.6 million people in 11 counties, is seeking permits for 460,000 acre-ft of water per year. The supply is needed to accommodate the 4.3 million people expected to live in the district’s service area by 2060, says Wayne Owen, planning manager.