The dispute originated in 2013 when Texas accused New Mexico of violating the 1938 Rio Grande Compact by illegally diverting water connected to the river downstream from the Elephant Butte Reservoir, where water levels were measured, resulting in Texas losing tens of thousands of gallons from its share. Texas filed its complaint directly with the high court, and in 2018, the justices allowed the federal government to intervene on Texas’ side.
Consent Decree Rejected
“The United States still advances the same claims as it did in 2018, backed by the same unique federal interests we identified then,” Justice Jackson said. “Through the consent decree, the states would settle all parties’ compact claims and, in the process, cut off the United States’ requested relief as to New Mexican groundwater pumping. Because our precedent does not permit that result, the states’ motion to enter the consent decree is denied.”
The three compact states finalized a consent decree in 2022, agreeing to measure the water entering Texas at a new point near the New Mexico-Texas state line. However, the federal government opposed the deal, arguing that while the high court’s precedent typically does not allow an intervening party like itself to block a consent decree, the rules change when a proposed decree settles the intervenor’s claims without its agreement.
Texas-NM Water Deal : Special Master and Dissent
The special master picked by the high court to oversee the matter, Judge Michael J. Melloy of the Eighth Circuit, recommended that the justices sign off on the states’ deal, saying the federal government’s concerns were substantially similar to those raised by Texas and that Texas’ satisfaction negated the need for the federal government’s approval.
