Note: All week we will be counting down the top ten stories of 2018, as voted on by NM Political Report staffers. See them all here as they come in! If New Mexico loses in the U.S. Supreme Court showdown against Texas over the waters of the Rio Grande, the state could owe a billion dollars or more and also be required to halt or restrict groundwater pumping. In the meantime, New Mexico has been spending millions of dollars fighting the lawsuit. Now approaching its seventh year, No. 141, Original: Texas v. New Mexico and Colorado, blew up out of a deal two irrigation districts signed with the federal government during the drought of the 2000s.
Last winter, snows didn’t come to the mountains, and the headwaters of the Rio Grande suffered from drought. In April, the river—New Mexico’s largest—was already drying south of Socorro. And over the summer, reservoir levels plummeted. Meanwhile, the U.S. Supreme Court battle between Texas, New Mexico and the U.S. government over the waters of the Rio Grande marches onward. At a meeting at the end of August, the special master assigned to the case by the Supreme Court set some new deadlines: The discovery period will close in the summer of 2020 and the case will go to trial no later than that fall.
Right now, New Mexico’s largest reservoir is at about three percent capacity, with just 62,573 acre feet of water in storage as of September 20. Elephant Butte Reservoir’s low levels offer a glimpse of the past, as well as insight into the future. Over the past few decades, southwestern states like New Mexico have on average experienced warmer temperatures, earlier springs and less snowpack in the mountains. And it’s a trend that’s predicted to continue. “There was no spring runoff this year.
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.