Case Study: Tarrant Regional Water District v. Herrmann
Executive Summary

Background On April 23, 2013 the U.S. Supreme Court heard oral arguments on Tarrant Regional Water District v. Herrmann, a case that has overwhelming effects for Oklahoma’s water resources and has the potential to influence interstate water compacts throughout the country. On June 13, 2013 the court sided with Oklahoma in a unanimous decision not to cede sovereign powers. This examination is centered on the Red River Compact, which is an agreement between Oklahoma, Texas, Arkansas and Louisiana that divides water rights from the Red River and its tributaries. Texas believes that Oklahoma has denied them rightful access to water under the compact. Interpreting the compact differently, Oklahoma says they have a concern to safeguard their water supply for future generations. The argument between these four states on how to manage the water has been going on for nearly 60 years. Congress authorized Oklahoma, Texas, Arkansas and Louisiana to draft a compact to ensure fair access to water in the Red River Basin in 1955. After being signed by the states in 1978, the compact was ratified by Congress in 1980. The Red River Compact declares that each of the four states gets an “equitable apportionment of water” from the Red River and its tributaries (Red River Compact, 1980). …show more content…
State legislator Governor Frank Keating rejected the proposal and in 2002, Oklahoma legislators enacted a three-year moratorium on out-of-state water sales. Later in 2004 the moratorium was extended through November 2009. In 2009, Oklahoma Legislature approved House Bill 1483 which requires legislative approval for any permit that would export out-of-state water compacted to Oklahoma (Largent,