Wagoner Cty. Rural Water Dist. No. 2 v. Grand River Dam Auth., No. 08-5120

In an action seeking a declaration that plaintiffs possessed certain water rights, dismissal of the action for lack of jurisdiction is affirmed where defendants did not waive immunity from suit and were thus entitled to sovereign immunity under the Eleventh Amendment.

Read Wagoner Cty. Rural Water Dist. No. 2 v. Grand River Dam Auth., No. 08-5120

Appellate Information

Filed August 24, 2009

Judges

Opinion by Judge Tacha

Counsel

For Appellants:

C. Matthew Bickell, Doyle Harris Davis & Haughey, Tulsa, OK

For Appellees:

James M. Reed, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK

Kathryn E. Kovacs, Attorney, United States Department of Justice, Environmental
& Natural Resources Division, Appellate Section, Washington, DC