On June 13, 2013, the Supreme Court issued its opinion in Tarrant Regional Water District v. Hermann. This case involved the Red River Compact, which allocates water rights among Texas, Oklahoma, Arkansas, and Louisiana within the Red River basin. Tarrant Regional Water District, a Texas agency, claimed it was entitled to acquire water under the Compact from within Oklahoma--and that the Compact therefore preempts certain Oklahoma statutes restricting out-of-state diversions of water. In addition, Tarrant claimed that these Oklahoma laws were unconstitutional restrictions on interstate commerce.
In a unanimous decision delivered by Justice Sotomayor, the Court rejected both of Tarrant’s claims.
To discuss the case, we have James McDonald, who is an Associate at Williams and Connolly.