“The court’s decision is inconsistent with how original jurisdiction cases normally proceed,” Justice Gorsuch said. “It defies 100 years of this court’s water law jurisprudence and represents a serious assault on the power of states to govern the water rights of users in their jurisdictions.”
Justice Gorsuch stated that the agreement is consistent with the compact’s mandate that Texas receives a certain amount of Rio Grande water each year and does not impose any new “improper duty or obligation” on the federal government or deny it the ability to pursue any valid claim.
Legal Representation
The federal government is represented by Elizabeth B. Prelogar, Todd Kim, Edwin S. Kneedler, Frederick Liu, R. Lee Leininger, Judith E. Coleman, and Jennifer A. Najjar of the U.S. Department of Justice. Texas is represented by Ken Paxton, Brent Webster, Grant Dorfman, James Lloyd, Kellie E. Billings-Ray, Aaron L. Nielson, Lanora C. Pettit, and Beth Klusmann of the Texas Attorney General’s Office and Stuart L. Somach, Theresa C. Barfield, and Sarah A. Klahn of Somach Simmons & Dunn PC. New Mexico and Colorado were represented at oral arguments by Jeffrey J. Wechsler of Montgomery & Andrews PA. New Mexico is also represented on the briefs by Raul Torrez, James Grayson, and Julie Ann Meade of the New Mexico Attorney General’s Office, Shelly Dalrymple and Kaleb W. Brooks of Montgomery & Andrews PA, Bennett W. Raley, Lisa M. Thompson, and Michael A. Kopp of Trout Raley and John B. Draper and Corinne E. Atton of Draper & Draper LLC.
