The 'Real' Red River Rivalry – Texas’ Battle For Water

The longstanding rivalry between Texas and Oklahoma is the stuff of legends. But this latest bout isn't a Mack Brown v. Bob Stoops or Dirk Nowitzki v. Kevin Durant debate to be held in the local pub. Instead, this fight is over the Red River itself, which will be heard in the United States Supreme Court, and will decide the fate of many water-depleted regions in Texas.

Texas' most recent drought is one of the worst since the "drought of record," (1947 - 1957). Most of the state (90%) is still experiencing abnormally dry conditions with 22% in extreme or exceptional drought, and Texas reservoirs have hit record lows for this time of year.

Texas Governor Rick Perry first addressed the dire conditions in his July 2011 Emergency Disaster Proclamation, stating that "exceptional drought conditions posed a threat of imminent disaster in specified counties in Texas." He renewed this proclamation in February 2013, immediately suspending "all rules and regulations that may inhibit or prevent prompt response to this threat ... for the duration of the state disaster."1

The severity of the situation encouraged Texas state officials to meet with their counterparts in Oklahoma in the hopes of gaining access to the Red River. But their request was denied.

Simply stated, the "real" Red River Rivalry is this: Texas needs water; Oklahoma refuses to share.

To be fair, this dispute began long before the most recent drought. In 1955, Congress granted permission to Arkansas, Louisiana, Oklahoma, and Texas to negotiate an agreement apportioning water in the Red River Basin (the "Compact"). The Compact was signed in 1978 and ratified by Congress in 1980. The Compact allocates "equal rights to the use" of certain water to Arkansas, Louisiana, Oklahoma, and Texas without reference to state lines.2 Importantly, the Compact outlines that if a reach or subbasin of the Red River is located entirely in one state, then that state has free and unrestricted use of that water.3 There is no requirement in the Compact to conduct an accounting of each state's use of water unless an affected state deems an accounting necessary.4

The Tarrant Regional Water District ("TRWD"), a Texas state agency that provides water to north central Texas, is seeking to import water to Texas pursuant to the terms of the Compact from three tributaries of the Red River. According to the TRWD, Oklahoma has an abundance of water due primarily to territory north of the Red River.5

In November 2007...