Texas has rights to Red River water pursuant to the Red River Compact, approved by all basin states and Congress. Texas wants to divert a portion of its allocation in Oklahoma, which has passed a statute banning the export of water. This case will decide (1) whether Texas’s compact rights include the right to divert water in Oklahoma, and (2) whether Oklahoma’s effort to prohibit that diversion violates the Dormant Commerce Clause.
Robert Abrams, Red River Shoot-out: Can Texas Divert Its Compact Authorized Share of a River from an Oklahoma Location in Violation of an Oklahoma Statute?,40 Preview U.S. Sup. Ct. Cas. 296 (2013).