This morning, KUNM’s Hannah Colton led a discussion about the Texas v. New Mexico & Colorado lawsuit and water rights. If you missed today’s episode of Let’s Talk New Mexico, which was produced in partnership with NM Political Report, you can listen online here. Earlier this week, the U.S. Supreme Court announced it would allow the federal government to pursue its claim in the water case on the Rio Grande. During oral arguments before the court earlier this year, the U.S. government argued that New Mexico was also harming its ability to deliver water under the compact, as well as under its international treaty with Mexico. Guests on KUNM this morning included: Peter White, Santa Fe water rights attorney Jay Stein, attorney for City of Las Cruces State Sen. Joe Cervantes Tania Maestas, New Mexico Deputy Attorney General for Civil Affairs Samantha Barncastle, attorney for Elephant Butte Irrigation District We’ll have more coverage on the case and what’s at stake for New Mexico next week, but if you need a primer on the timeline of the issue, visit here.
This morning, the U.S. Supreme Court issued an opinion on Texas v. New Mexico and Colorado. The high court will allow the United States to intervene on the water case on the Rio Grande and pursue claims under the Rio Grande Compact. In 2013, Texas sued the upstream states of New Mexico and Colorado, alleging that by allowing farmers in southern New Mexico to pump from groundwater wells near the Rio Grande, New Mexico has failed to send its legal share of water downstream. During oral arguments before the court earlier this year, the U.S. government argued that New Mexico was also harming its ability to deliver water under the compact, as well as under its international treaty with Mexico. And now, the high court agrees the U.S. can pursue this claim in the case.
Our reporter Laura Paskus reported on the oral arguments in front of the U.S. Supreme Court in a key water case that could have a massive impact on the state of New Mexico and water rights throughout the state. The full story is available here. And a timeline of events leading to the oral arguments in Washington D.C. is available here. We also wanted to provide you with the full transcript of the oral arguments, which is available below. These stories were reported in a partnership with the Santa Fe Reporter, KUNM-FM and New Mexico In Focus.
As severe drought returns to New Mexico, farmers and skiers alike fret over the state’s lack of snow. Meanwhile, on a cold, cloudy Monday morning in Washington, D.C., attorneys for New Mexico, Texas, Colorado and the United States government grappled over the muddy waters of the Rio Grande. In its U.S. Supreme Court case against New Mexico and Colorado, the State of Texas says that by letting farmers in southern New Mexico pump from wells near the Rio Grande, our state has failed to send its legal share of water downstream. The water fight has some New Mexicans gnawing their nails—and not just southern farmers whose water rights could be cut if Texas prevails. See all of NM Political Report’s stories on Texas v. New Mexico to date. Monday’s oral arguments before the court, over whether the feds can intervene under the Rio Grande Compact, drew a large crowd from the Land of Enchantment.
Things are complicated. Here’s a timeline to help you keep track of the Supreme Court lawsuit New Mexico is facing on the Lower Rio Grande. 1902 – The United States Reclamation Service (now the US Bureau of Reclamation) is established to study and develop water resources in Western states. 1906 – The United States and Mexico sign a convention to ensure the Rio Grande’s waters are shared equitably between the two countries. 1906 – Construction begins on dams and canals on the Rio Grande.
WASHINGTON, DC—On a frigid Monday morning in the nation’s capital, as most of the press corps turned its attention toward a water dispute between Florida and Georgia, attorneys for New Mexico and Colorado tried to fend off the ability of the United States government to protect its water interests on the Rio Grande. Attorneys for the U.S. Bureau of Reclamation and the states of Texas, Colorado and New Mexico presented oral arguments to the US Supreme Court. The issue at hand is whether the United States has the right to intervene in the longstanding interstate water dispute under the Rio Grande Compact. Each attorney had 10 to 20 minutes to weigh in on whether the federal government has a right to join the case based on the interstate compact the three states signed to divvy up the Rio Grande’s waters. In 2013, Texas sued its two northern neighbors, alleging that by allowing farmers in southern New Mexico to pump groundwater, which is hydrologically connected to the Rio Grande, New Mexico wasn’t sending its legal share of water to Texas under the Rio Grande Compact.
From Colorado to Mexico, communities siphon and spread water from the Rio Grande. For about a century, every drop of that water has been divvied up among cities and farmers. It’s not unusual to stand alongside an irrigation ditch in New Mexico and hear someone complain that too much water is flowing to Texas. But, in fact, Texas stands on solid ground in its lawsuit against New Mexico over the Rio Grande, oral arguments for which are scheduled for January in the U.S. Supreme Court. If New Mexico loses, southern farmers will take a hit—and so will the state budget.
The Legislative Finance Committee held its September meeting at Spaceport America, surrounded by cattle ranches and seemingly endless expanses of mesquite. On Thursday afternoon, legislators were updated on an issue that doesn’t involve rockets or space travel—but is critically important to the state’s future: the Texas v. New Mexico lawsuit in the lower Rio Grande. In 2013, Texas sued New Mexico and Colorado in the U.S. Supreme Court, alleging that New Mexico was taking water that legally should flow to Texas under the terms of the 1938 Rio Grande Compact by allowing farmers to pump groundwater connected to the river. Were the Supreme Court to side with Texas, it could force some southern New Mexico chile, pecan and cotton farmers to stop pumping groundwater. Or, the state could even wind up paying Texas up to $1 billion in damages.