Justice Jackson highlighted that the fundamental issue with the compact is that while Colorado is obligated to send a certain amount of water to the New Mexico state line, New Mexico is only obligated to deliver a certain amount of water to the Elephant Butte dam and reservoir, a U.S. Bureau of Reclamation facility roughly 100 miles from the Texas border. Over the years, water users between Elephant Butte and the Texas state line have used increasing amounts of water, requiring the federal government to release more water from the reservoir to fulfill Texas’ share under the compact.
Federal Obligations
The federal government is also obligated to deliver water to Mexico. The majority of justices said the United States’ claims related to New Mexico’s water use between Elephant Butte and Texas are not extinguished just because those two states and Colorado agreed on terms to resolve the dispute.
“The states contend that the United States has no valid compact claims because it does not itself receive an apportionment of water under the compact,” Justice Jackson said. “But the United States did not receive an apportionment of Rio Grande water in 2018 any more than it does now.”
Texas-NM Water Deal : Dissenting Opinion
In a dissent authored by Justice Neil Gorsuch, the minority argued that the states’ agreement should be respected, as it would still preserve the federal government’s rights to assert claims in separate litigation in federal district court.
