By John L. Moore
The Morning News

Oklahoma farmers fighting warrants for extensive soil tests in the Illinois River watershed won the first round in a case Friday.

Oklahoma County District Judge Barbara Swinton denied a motion by the Oklahoma Department of Agriculture, Food and Forestry to dismiss the case.

"The case will go forward," said Jack Carson, a spokesman for the department.

Fifteen possible farms were selected as candidates for extra testing based on a cooperative agreement between Oklahoma Attorney General Drew Edmondson and Oklahoma Secretary of Agriculture Terry Peach in July.

Some farmers said then the tests were ordered by Edmondson to help him build a case in federal court against eight poultry companies over pollution in the Illinois River.

But state officials deny that. They have said the tests are simply to determine what is present in the soil on farms in the watershed.

"The argument these tests are conducted solely for lawsuits is not true. The Agriculture Department has been conducting soil tests long before this lawsuit, and they'll be conducting them long after. I think both sides will be interested in the results of these tests," said Charlie Price, a spokesman for the Oklahoma Attorney General's office.

Farmers refused to allow the soil testers on site when they showed up in July and filed a lawsuit requesting a clarification of the state's testing requirements.

The poultry companies filed motions to do away with the warrants, citing concerns the testers could spread poultry diseases from farm to farm.

Ken Williams, a Tulsa, Okla., attorney representing the farmers, said he will proceed with the case to determine what the farmers are required to do by law and what the state is allowed to do in testing soil.

The farmers maintain they have already done all required and are concerned the testers might spread poultry diseases.

The farms are all in Delware County, Okla., and tests would determine whether arsenic, zinc, and other hazardous substances were present in the soil as well as nutrients such as phosphorus and nitrogen.

The standard procedure is for farmers to collect soil samples and send them to the state to have the samples analyzed for nutrient levels.

The tests determine how much chicken litter can be applied to the farms within the state's nutrient management regulations.

Carson said the parts of the case dealing with dismissal of the warrants have been referred back to Delaware County District Court where the original case was filed, but the lawsuit against the department has to stay in Oklahoma County because the state is being sued.

Oklahoma Assistant Attorney General Ellen Phillips presented the department's case in court Friday with attorneys from the department present as well, Carson said.

"Courtroom actions are typically handled by the attorney general's office for us," Carson said.