OKLAHOMA CITY -- Oklahoma Attorney General Drew Edmondson will likely appeal a federal court ruling last week that green-lighted a Texas-based lawsuit over out-state water sales.

Fort Worth-based Tarrant Regional Water District (TRWD) can proceed with a plan to acquire 150 billion gallons of water per year from Oklahoma sources upstream from the Red River, U.S. District Judge Joe Heaton ruled.

TRWD filed the suit early this year against an Oklahoma moratorium on interstate water transactions. It seeks three applications to remove 460,000 acre-feet from the streams and says Oklahoma's refusal to sell water to other states is unconstitutional.

"This case is about discriminatory restrictions on trade and unwillingness on the part of the State of Oklahoma to even talk about the possible sale or transfer of water across state lines," TRWD General Manager Jim Oliver stated last week. "This is clearly a violation of the Interstate Commerce Clause."

Edmondson's office has vigorously opposed the suit on behalf of the Oklahoma Water Resources Board (OWRB) and the AG was quick to hint at continuing that opposition despite Heaton's ruling. "My hunch is that we'll appeal," Edmondson told the AP Oct. 30.

OWRB had appealed to the Federal District Court to have the suit dismissed, arguing that TRWD should follow OWRB procedures to avoid court appearances.

TRWD wants access to the water from streams in Oklahoma that flow into the Red River, which forms part of the border between the two states. Opposition to a similar 2001 plan to sell water to Texas quickly caused lawmakers to ban such sales.