Tarrant Regional Water District v. Herrmann, 569 U.S. 614 (2013), was a United States Supreme Court case in which the Court held that Oklahoma statutes forbidding the export of water from the state are not preempted or forbidden by the Red River Compact.
[1] However, since the signing of the Compact there had been large-scale population growth in the Dallas–Fort Worth metroplex which lies just south from the Red River basin, which by the middle 2000s had led to substantial water shortages in Tarrant County and a number of adjacent counties covered by the Compact.
[5] Initially, the District Court would deny the Oklahoma Water Resources Board’s motion to dismiss the case.
The Tenth Circuit concluded that the Red River Compact was designed so that each state would possess complete control over those waters within its boundaries.
[3] In this context the Tenth Circuit argued that none of the parties had filed for a permit to use the groundwater and that the controversy is not even justiciable.