Appeals court revives Custer County water rights lawsuit
Judges send dispute back to Oklahoma County District Court
The Oklahoma Court of Civil Appeals has revived a long-running Custer County water rights dispute, ordering a lawsuit involving the Oklahoma Water Resources Board and two landowners to be returned to Oklahoma County District Court for further proceedings.
In a ruling issued late December, the appeals court found that the district court incorrectly dismissed the case for lack of subject matter jurisdiction, reversing that decision and remanding the matter for judicial review.
“On review, we find that the district court erred in finding that it lacked subject matter jurisdiction over the action,” wrote Judge James R. Huber in the court’s opinion.
Landowners challenge OWRB decision over creek interference
The lawsuit was filed by Mark and Jolana Farris against the Oklahoma Water Resources Board and neighboring landowners Preston and Candy Masquelier.
At the center of the dispute is Crow Springs Creek, a tributary in Custer County that runs through both properties. The Farrises allege the Masqueliers constructed a dam without first obtaining a required permit, disrupting downstream water flow and interfering with established water rights.
The Farrises contend the dam blocked the creek and deprived downstream owners of water, prompting them to file an interference complaint with the OWRB in 2022.
Appeals court: Administrative process was followed
In its ruling, the appeals court determined the Farrises properly followed the OWRB administrative complaint process, rejecting arguments that the district court lacked authority to hear the case.
“As such, we reverse the district court’s order dismissing this case and remand it to the district court, so that it may conduct a judicial review of the OWRB’s decision in accordance with Oklahoma’s Administrative Procedures Act,” the court stated.
The ruling clears the way for a full judicial review of the Water Board’s actions rather than ending the case on procedural grounds.
Water rights conflict dates back to 2018
Court records show the dispute has deep roots. After the dam construction began, the Farrises and two other landowners — acting on guidance from the OWRB — secured permits establishing water rights in Crow Springs Creek.
The Masqueliers later obtained their own permit. In 2018, they were accused of interfering with the Farrises’ water rights and those of other downstream users.
However, in a July 23, 2018 letter, the OWRB said it was unable to determine that interference was occurring, either for domestic or appropriative use.
That finding triggered a series of appeals, including a request for summary judgment by the Water Board.
Trial court dismissal overturned
In August 2023, Oklahoma County District Judge Don Andrews dismissed the case, ruling the court lacked subject matter jurisdiction.
The Court of Civil Appeals disagreed.
In its December 31, 2025 decision, the appellate panel reversed the dismissal and ordered the case returned to district court.
The ruling concludes with a clear directive:
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.
Judges Hixon and Barnes concurred with the opinion.
What happens next
With jurisdiction restored, Oklahoma County District Court will now review the OWRB’s decision under the Administrative Procedures Act, reopening a case that could have broader implications for water rights enforcement, dam permitting, and downstream protections across rural Oklahoma.