Cumulative withdrawals for landowners under the Oklahoma statute might interfere with interstate commerce. In Phillips Petroleum Co. v. Corporation Commission of Oklahoma, Okl., 312 P.2d 916, the Oklahoma Supreme Court was concerned with an Oklahoma statute which required a natural gas producer to make gas available to pump water for irrigation purposes on the land from which the gas was produced. The court held the statute unconstitutional because of denial of due process.

Natural Gas Co. of America v. Panoma Corp., 349 U.S. 44, 75 S.Ct. 576, 99 L.Ed. 683. The notation of Mr. Justice Douglas' dissent shows that the Court considered the question presented by this second petition for rehearing. See also the recent per curiam opinions of the Supreme Court in Cities Service Gas Co. v. State Corporation Commission of Kansas, No. 85, 78 S.Ct. 381; and in Michigan Wisconsin Pipe Line Co. v. Corporation Commission of Oklahoma, No. 86, 78 S.Ct. 409; Phillips Petroleum Co. v. Corporation Commission of Oklahoma, No. 111, 78 S.Ct. 409; Phillips Petroleum Co. v. Corporation Commission of Oklahoma, No. 112, 78 S.Ct. 409; Phillips Petroleum Co. v. Corporation Commission of Oklahoma, No. 113, 78 S.Ct. 410. Leave to file

The Legislature may exercise its police power to regulate the use and enjoyment of property when the free exercise of such use is detrimental to the public interest. Phillips Petro. Co. v. Corp. Comm'n, 1956 OK 313, 312 P.2d 916. ¶ 26 It is a basic principle that water is a natural resource, Sheldon v. Grand River Dam Auth., 1938 OK 76, 76 P.2d 355; Anderson-Prichard Oil Corp. v. Okla. Corp. Comm'n, 1951 OK 234, 241 P.2d 363; Kline v. Okla. Water Resources Bd., 1988 OK 18, 759 P.2d 210, which the state may regulate for the health, welfare and safety of the people.

But in a recently decided case, it was held that the act contravenes due process of law and therefore is invalid. Phillips Petroleum Co. v. Corporation Commission of Oklahoma, Okla., ___ P.2d ___. Accordingly the act lends no aid to plaintiffs. The judgments in the Buster and the Hitch Land Company cases, respectively, are severally Affirmed; and the judgments in the Hitch, Jr., and the Hitch, Sr., cases, respectively, are severally Reversed and the causes are Remanded with directions to dismiss the actions.

Phillips Petroleum Co. v. Corp. Comm'n, 1956 OK 313, 312 P.2d 916, 919 (when adjudication of the constitutional issue is not necessary to resolve the controversy the court may decline to address the constitutionality of a statute); Jones v. Shaw, 1965 OK 67, 441 P.2d 990, 992 (Court would not reach the constitutional question raised in support of granting a writ of mandamus because denial of the writ was proper upon other grounds, and constitutional question should not be entertained in advance of strict necessity for its adjudication).

California also recognizes this latter employment of police power to encompass actions of the police in enforcing the criminal laws. We recognized the existence of these two manifestations of police power in Phillips Petroleum Co. v. Corporation Commission, 312 P.2d 916, 920 (Okla. 1957). ¶ 20 Similarly, in Brewer v. City of Norman, 527 P.2d 1134, 1136 (Okla. 1974), we noted that the exercise of police power (such as traffic regulation) is different from the power of eminent domain and does not give the property owner a cause of action for inverse condemnation.

" Okla., 312 P.2d 916, 921 [1956] (quoting 29 C.J.S. § 6); see also Mattoon v. City of Norman, Okla., 617 P.2d 1347, 1349 [1980]. "[T]he police power is usually exerted merely to regulate the use and enjoyment of property by the owner, or, if he is deprived of his property outright, it is not taken for public use, but rather destroyed in order to promote the general welfare.

Appellants were left unknowingly without counsel and without an opportunity to be heard or to retain other counsel in this condemnation suit. A landowner whose property is taken by condemnation has a constitutional right of due process of law. Okla. Const. art. 2, §§ 7 and 24; Phillips Petroleum Co. v. Corporation Com'n, 312 P.2d 916, 921 (Okla. 1957). The fundamental elements of due process include notice of the proceeding and an opportunity to be heard.

Landowners contend the rates applicable would not be confiscatory, for no showing that Transok's total operation was at a loss, and its right of condemnation allowed the statute to require the furnishing of a connection and of gas. In Phillips Petroleum Co. v. Corporation Commission, Okla., 312 P.2d 916 (1957), this court refused the enforcement of 52 O.S.Supp. 1955 §§ 248[ 52-248]-256 [ 52-256]. There, the statute required the natural gas producer to make a portion of its gas available for use in pumping water for irrigation of lands from which the gas was produced, though the producer had not theretofore undertaken, professed to undertake, or desired to offer such service.

To authorize a third person to enter upon a landowner's premises and exercise the right to capture minerals underlying the premises would constitute a taking of landowner's property. In Phillips Petroleum Co. v. Corporation Commission, Okla., 312 P.2d 916, we quoted from 29 C.J.S. Eminent Domain § 6, as follows: "* * * in the exercise of eminent domain private property is taken for public use and the owner is invariably entitled to compensation, while the police power is usually exerted merely to regulate the use and enjoyment of property by the owner, or, if he is deprived of his property outright, it is not taken for public use, but rather destroyed in order to promote the general welfare * * *"