Thursday, April 25, 2013

Another Red River Dispute

Texas and Oklahoma are at it again. This time no sports are related. It is over water. A few decades ago, four states, Texas, Oklahoma, Arkansas, and Louisiana signed a compact about water sources known as the Red River Compact. As we all know, most of the past compacts, laws and agreements this one being no different are vaguely worded. Thus leaving it wide open for interpretation and the good ol' lawsuit. As usual, Texas believes that it is entitled and has been battling Oklahoma through the court system. To date, Texas has lost in District Court as well as the 10th US Circuit Court of Appeals. Off to the Supreme Court we go. This vague compact does not clarify whether or not Texas has the right to cross borders to obtain the water they want for Tarrant County or basically the Ft. Worth area. On the other hand, Oklahoma laws govern the use of water within the states borders. So Texas says Oklahoma has excess water. Ok great! That in my opinion should be up to them to decide how and what they choose to do with it. I wonder if Texas had excess resources, can Oklahoma sue and take it or force Texas to sell it? Would the state of Texas take that one all the way to the Supreme Court? I believe so, One great quote from Justice Ruth Bader Ginsberg says, "This clause, the one you rely on, (talking about Texas lawyers) is kind of sketchy, isn't it? Doesn't say how they're going to get it, if they are going to pay for it. There's a lot to be filled in." Though I must say my favorite part of the articles I have read so far is the weigh in from the Obama administration. It is a completely useless point. They say they agree with Texas on the point of whether or not Texas should be able to get shares of Oklahoma's excess water. Yet, they take no position on whether or not Texas should ultimately get the water. So, it seems as usual that the states find themselves in the age old predicament. How can we take this without violating that. A final decision is set for late June.

1 comment:

  1. In her blog, Shelly discusses the dispute over the Red River Compact between Oklahoma and Texas. She articulates how the dispute is over water resources that are in Oklahoma. Apparently, Texas wants to sue Oklahoma to get what they deem "excess" water from them.


    Shelly does a good job of presenting different ideas. She describes how the compact is worded too vaguely and has too many loopholes to clearly see which resources belong to Texas, and which belong to Oklahoma. She also says that Texas is wanting to take water from the Oklahoma side. She also says that Oklahoma is being resistant, believing that water within her borders belongs to her.


    There are several things lacking in her post, though. I don't see clearly what her opinion or stance is on the matter. She does express that she is frustrated with the vagueness of the compact, but doesn't describe where she stands on the matter. She also fails to give much hard evidence or clarify what exactly is going on in the compact. She just articulates the vagueness of it.


    Overall, I think this is an informative post that presents some different perspectives on the Red River Compact.

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