Posted March 20, 2014
The U.S. Supreme Court may agree to hear a water rights dispute between New Mexico and Texas, according to an article by the Southwest Farm Press available here.
Attorneys for the federal government recently submitted a brief to the Court, asking that the Court grant certiorari in a case filed last year by Texas against New Mexico over the states’ shared water rights.
In the complaint, Texas argues that groundwater pumping in New Mexico to irrigate pecan and chili pepper crops is depriving Texas of water in violation of the Rio Grande Compact. The Rio Grande Compact is an interstate water agreement that provides for a shared allocation of water by Colorado, New Mexico, and Texas.
If the Court hears the case, it could establish a precedent by naming the U.S. Supreme Court as the only court that “holds initial and exclusive jurisdiction with respect to the issue.”
New Mexico Attorney General Gary King is opposed to the involvement of federal courts in water issues between states and instead argues that the federal courts are not the proper venue for the case.
Federal attorneys argue that the U.S. Bureau of Reclamation, which manages the reservoir where the water is divided among the states, is charged with distributing water to the states and also to Mexico according to terms of an international water treaty.
Top water officials from New Mexico, Colorado and Texas are expected to meet today for an annual meeting focused on management of the Rio Grande, according to a NBC News article available here.
The Houston Chronicle also reported on the story here.
For more information on water law, please visit the National Agricultural Law Center’s website here.
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