2012 Supreme Court term

TARRANT REGIONAL WATER DISTRICT v. RUDOLF JOHN HERRMANN, ET AL.

Dockets 11-889Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The case Tarrant Regional Water District v. Herrmann concerns the interpretation of an interstate water‑compact that governs how water can be allocated among states.

The Compact says each state may manage water rights under its own laws, but only as water is available under the Compact.

According to Ms. O'Connell, one side argues that any state law that conflicts with the Compact’s allocation should be preempted.

According to Ms. Blatt, the opposing side contends that the state’s authority can be exercised and does apply.

Background and question before the Court

Section 2.01 of the Compact preserves the application of state water law, allowing each state to administer water rights in accordance with its own laws, subject to water availability under the Compact.

According to Ms. O'Connell, the legal question is whether a state law that conflicts with the Compact’s allocation is preempted by the Compact.

Justice Breyer asked whether a mechanism exists to enforce such preemption, suggesting none is in place.

According to Justice Kagan, justice Kagan questioned Ms. O'Connell’s view, indicating uncertainty about accepting that argument.

Justice Scalia repeatedly asked “Where is this?” highlighting concerns about locating the relevant authority.

What each side argues

Petitioner (Tarrant Regional Water District)

According to Ms. O'Connell, if a state law conflicts with the allocation under the Compact, that state law is preempted.

Respondent (Rudolf John Herrmann)

According to Ms. Blatt, it can and does.

What happened at oral argument

According to Justice Breyer, justice Breyer: “I would have thought a mechanism would be set up to do that and there is none.”

According to Justice Kagan, justice Kagan: “Ms. O'Connell, isn’t that a reason why we shouldn't accept your basic view? I mean,”

According to Justice Scalia, justice Scalia: “Where is this? Where is this? Where is this?”

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • c05cdcf61a14742c3692-r1-65ce80bc475305c4.pdforal argument transcript

Guide generated September 24, 2026. Automated validation accepted this version.