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.
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.
Attorneys for the states of New Mexico and Texas learned yesterday that a lawsuit over the waters of the Rio Grande will head to the U.S. Supreme Court. For New Mexico, a lot is at stake. Though Texas also named Colorado in the suit, its real target is New Mexico. Texas alleges that by allowing farmers in southern New Mexico to pump groundwater connected to the river, the state is unfairly taking water from the Rio Grande that, under the 1938 Rio Grande Compact, should be flowing to Texas. When Texas filed a similar suit against New Mexico about the Pecos River, the case dragged on for almost two decades, and cost both states millions of dollars.