Texas v. New Mexico
Issues
Did the River Master err in determining that Texas, rather than New Mexico, should bear the cost of evaporative losses caused by Tropical Storm Odile?
The waters of the Pecos River are allocated to Texas and New Mexico in accordance with the terms of the Pecos River Compact. When disputes arose between the states regarding each state’s duties under the Compact, the Supreme Court issued an amended decree to regulate such duties and appointed a River Master to calculate and oversee the parties’ obligations. Texas now challenges the River Master’s determination that Texas, rather than New Mexico, should bear the burden of evaporative losses caused as a result of Tropical Storm Odile. Texas argues that the River Master erred in retroactively awarding evaporative loss credits to New Mexico because the River Master lacks authority to do so, and New Mexico’s motion for such credits was untimely. Texas further contends that Article XII of the Compact is inapplicable because the Bureau impounded flood water for public safety reasons, not for use in Texas. New Mexico counters that the River Master correctly granted a one-time retroactive credit for evaporative losses to New Mexico because New Mexico’s motion was timely, and the River Master was permitted to adopt procedures necessary to address novel accounting issues. New Mexico further asserts that Article XII is applicable because the Bureau impounded flood water primarily for Texas’s later use. The outcome of this case has implications for the role of the River Master and the procedures to be followed in future disputes under the Compact. In addition, the outcome of this case will affect the authority granted to court-appointed officers overseeing other interstate contracts, as well as the tolling procedures that other states should look to in resolving disputes arising from such contracts.
Questions as Framed for the Court by the Parties
Whether the River Master correctly allocated evaporation losses under the Pecos River Compact.
The Pecos River begins in Santa Fe, New Mexico, flows through southeastern New Mexico and west Texas, and empties in Texas into the Rio Grande. New Mexico’s Response to Texas’s Motion for Review, (“New Mexico Response”) at 1. In 1949, the state of Texas and the state of New Mexico formed the Pecos River Compact (“Compact”) to allocate the waters of the Pecos River.
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Additional Resources
- Robert Nott, State Looks to Address Texas v. New Mexico Water Case, NM Political Report (Jan. 27, 2020).
- Tim Ryan, Pecos River Fight Faces Supreme Court Test, Courthouse News Service (Jan. 27, 2020).