With the current drought conditions in Texas, water seems to be a hot-button issue. On June 13, 2013; the Supreme Court of the United States ruled against the Tarrant Regional Water District, a water district that covers 11 counties in North Texas that includes Fort Worth and Arlington. The case, titled Tarrant Regional Water District v. Herrmann was filed in 2007 by the water district against the Oklahoma Water Resources Board and the Oklahoma Water Conservation Storage Commission. It relied on an agreement from 1980 called the Red River Compact that was approved by Congress and allowed four states, Texas, Oklahoma, Arkansas and Louisiana, to draw water held in basins of the Red River. The Justices unanimously stated that the agreement created no cross-border rights in Texas.
The area covered by the Tarrant Regional Water District is one of the fastest growing areas in the nation and its population is expected to double in the next 50 years. The water district wanted to buy 150 billion gallons of water from the Red River and its tributaries. Legislation adopted by the Oklahoma Legislature in 2009 said that no out-of-state water permit can prevent Oklahoma from meeting its obligations under compacts with other states and requires the Water Resources Board to consider in-state water shortages or needs when considering applications for out-of-state water sales. In addition, it would not allow its counties, municipalities or Indian tribes to sell water without the Water Resources Board approval.
Obviously the Tarrant Regional Water District will have to look elsewhere for additional water supplies. These additional supplies will be more costly and probably be less efficient than moving water from the Red River. Our website, www.landandmineral.com is an interactive web application that was designed to educate land owners to cash flow opportunities from their properties and provide a marketplace for those transactions. If you own properties that have potential to produce water anywhere in Texas, visit our website and list your properties for production of water for municipalities and/or other water projects.