Water Export Bans Hang In The Balance Of Red River Fight

Law360, Dallas (January 16, 2013, 10:04 PM EST) -- In agreeing to hear a dispute over a multistate water-sharing compact, the U.S. Supreme Court has decided to tackle the question of whether Texas can draw water from Oklahoma’s side of the border, taking up a case experts say could restrict states from passing laws that limit water exports.

The case could provide guidance on how states should construe three competing sources of law: the Constitution's interstate commerce clause, multistate water-sharing agreements and state statutes like Oklahoma’s that restrict out-of-state water transfers. In its ruling, the...
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