U.S. Supreme Court issues opinion on Texas v. New Mexico & Colorado

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 […]

U.S. Supreme Court issues opinion on Texas v. New Mexico & Colorado

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.

In the unanimous opinion, delivered by Justice Neil Gorsuch, they write:

First, the Compact is inextricably intertwined with the Rio Grande Project and the Downstream Contracts. Second, New Mexico has conceded in pleadings and at oral argument that the United States plays an integral role in the Compact’s operation. Third, a breach of the Compact could jeopardize the federal government’s ability to satisfy its treaty obligations to Mexico. Fourth, the United States has asserted its Compact claims in an existing action brought by Texas, seeking substantially the same relief and without that State’s objection. This case does not present the question whether the United States could initiate litigation to force a State to perform its obligations under the Compact or expand the scope of an existing  controversy between States.

James Hallinan, spokesman for the New Mexico Office of the Attorney General, offered the following statement in response to the opinion: “The Supreme Court ruled today on actions taken by former Attorney General King, including a lawsuit brought by his administration against the United States that triggered Texas’ lawsuit, however, Attorney General Balderas will continue to vigorously defend the rights of New Mexico water users and work with all parties to seek a fair resolution for New Mexicans,” he wrote. “Today’s ruling was a preliminary matter clarifying the United States’ role in the case.”

We’ll have more on the issue later this week. To read our coverage of January’s oral arguments, visit here.

Update: We added the statement from James Hallinan following the story’s original publication.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

How Native families are particularly impacted by food insecurity

How Native families are particularly impacted by food insecurity

One in five children in New Mexico and one in seven people in the state experience food insecurity, according to a report presented to…
New Mexico in critical nursing shortage

New Mexico in critical nursing shortage

With 8,800 nurse positions posted for hiring in New Mexico, hospital leadership told the Legislative Health and Human Services Committee on Tuesday that access…
WNMU: Grow your own rural healthcare providers pipeline 

WNMU: Grow your own rural healthcare providers pipeline 

Western New Mexico University wants to create a pipeline of programs with a rural healthcare focus to try to address the medical provider shortage…
Air Force extends comment period on low-altitude flights in the Gila area

Air Force extends comment period on low-altitude flights in the Gila area

Following requests from members of New Mexico’s congressional delegation, the U.S. Air Force has extended the comment period on a proposal to increase low-altitude…
PRC raises community solar cap by 300 megawatts

PRC raises community solar cap by 300 megawatts

State regulators are increasing the amount of community solar that can come online in New Mexico. During its Thursday meeting, the New Mexico Public…
NM regulators look into how the electric grid may impact economic development

NM regulators look into how the electric grid may impact economic development

The New Mexico Public Regulation Commission opened an inquiry this week into grid readiness. This inquiry focuses on whether the electric grid can handle…
Early childhood summit convened to discuss future of program

Early childhood summit convened to discuss future of program

About 200 people from tribal governors to legislators to advocates and teachers gathered at Bishop’s Lodge to discuss Early Childhood Education’s future in New…
Stansbury outlines funding secured for early childhood and youth services programs

Stansbury outlines funding secured for early childhood and youth services programs

U.S. Rep. Melanie Stansbury secured $8.3 million for childhood development and youth services in the 1st congressional district through federal community project funding. Stansbury,…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Heinrich introduces legislation to address affordable housing

Heinrich introduces legislation to address affordable housing

U.S. Sen. Martin Heinrich, D-New Mexico, introduced legislation in the Senate on Monday that would provide tax credits to incentivize new investments and additional…
New Mexico in critical nursing shortage

New Mexico in critical nursing shortage

With 8,800 nurse positions posted for hiring in New Mexico, hospital leadership told the Legislative Health and Human Services Committee on Tuesday that access…
As rhetoric around undocumented workers heats up, new report shows their tax contribution

As rhetoric around undocumented workers heats up, new report shows their tax contribution

A nonprofit group released data showing how much taxes migrants pay in the U.S. as rhetoric on immigration grows more prominent just months from…
Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

U.S. Sen. Martin Heinrich helped to introduce a resolution on Tuesday in the Senate that every patient has the basic right to emergency health…
Project 2025: How a consolidation of federal power could ban abortion

Project 2025: How a consolidation of federal power could ban abortion

If Project 2025 becomes federal policy next year, it would upend abortion rights and reproductive healthcare through a reshaping of and consolidation of power…
New abortion clinic in Las Cruces expected to provide more abortion training

New abortion clinic in Las Cruces expected to provide more abortion training

One of the consequences of the U.S. Supreme Court’s Dobbs decision is the lack of abortion care training for medical residents training to become…
New Mexico in critical nursing shortage

New Mexico in critical nursing shortage

With 8,800 nurse positions posted for hiring in New Mexico, hospital leadership told the Legislative Health and Human Services Committee on Tuesday that access…
Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

U.S. Sen. Martin Heinrich helped to introduce a resolution on Tuesday in the Senate that every patient has the basic right to emergency health…
WNMU: Grow your own rural healthcare providers pipeline 

WNMU: Grow your own rural healthcare providers pipeline 

Western New Mexico University wants to create a pipeline of programs with a rural healthcare focus to try to address the medical provider shortage…
Oil-and-gas giant gives big to dark money group

Oil-and-gas giant gives big to dark money group

By Trip Jennings, New Mexico In Depth Chevron Corporation gave the single largest contribution to a dark money group that attempted but failed to…
Survey shows candidates are for legislative reform, unsure about ranked choice voting

Survey shows candidates are for legislative reform, unsure about ranked choice voting

A survey by four nonprofit organizations showed that candidates for state and federal office support pro-democracy and government reform, according to those groups. Common…
Project 2025 takes aim at elections: ‘Sowing the seeds of doubt’

Project 2025 takes aim at elections: ‘Sowing the seeds of doubt’

Project 2025, a political agenda by conservative think tank The Heritage Foundation, seeks to empower the next conservative president towards what appears to be…
Torrez announces legislation priorities to protect victims of sexual assault

Torrez announces legislation priorities to protect victims of sexual assault

New Mexico Attorney General Raúl Torrez unveiled two legislative priorities to expand crime victim protections on Friday. Torrez held a press conference in Albuquerque…
PRC raises community solar cap by 300 megawatts

PRC raises community solar cap by 300 megawatts

State regulators are increasing the amount of community solar that can come online in New Mexico. During its Thursday meeting, the New Mexico Public…
Backlash continues over proposed low-altitude military flights in the Gila region

Backlash continues over proposed low-altitude military flights in the Gila region

A proposal that would lead to lower altitude military training flights over the Gila National Forest, including the wilderness area, has led to backlash…

GET INVOLVED

© 2023 New Mexico Political Report