U.S. Supreme Court Rules in Cross-Border Water Rights Dispute; Oklahoma Scores a Clean Sweep in “Red River Rivalry” with Texas

Client Advisory
June 24, 2013

The Red River Compact, a water compact between Texas, Oklahoma, and two other States, gives each State “equal rights” to certain excess water in a subbasin of the Red River, provided that no State takes more than twenty-five percent. In Tarrant Regional Water District v. Herrmann, the United States Supreme Court affirmed the lower court decisions and held that, under the Red River Compact, Texas had no cross-border right to enter into Oklahoma territory to take its allocated percentage of excess water.

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