December 6, 2021

Volume XI, Number 340

Advertisement
Advertisement

December 06, 2021

Subscribe to Latest Legal News and Analysis

Supreme Court Invites Solicitor General to File Brief Expressing United States Views on Texas-New Mexico Water Dispute

On April 15, the U.S. Supreme Court invited the U.S. Solicitor General to file a brief expressing the views of the United States regarding a complaint filed in the U.S. Supreme Court by the State of Texas against the State of New Mexico regarding the allocation of water carried by the Rio Grande river. Texas’ complaint alleges that the the Rio Grande Project Act, enacted by the U.S. Congress in 1905, and the Rio Grande Compact, signed in 1938 by Texas, New Mexico and the State of Colorado ("Colorado"), require New Mexico to deliver specified amounts of Rio Grande water into Elephant Butte Reservoir, located near Engle, New Mexico. 

The complaint states that, once delivered to the Elephant Butte Reservoir, the water belongs and should be allocated to beneficiaries in southern New Mexico and Texas. According to the complaint, New Mexico is not allowing an adequate amount of water to pass through to Texas. Among other things, Texas asks that the Supreme Court declare the rights of Texas to the waters of the Rio Grande pursuant to the Rio Grande Compact and the Rio Grande Project Act and command New Mexico to deliver the Rio Grande waters to Texas in accordance with its obligations.

The case is State of Texas v. State of New Mexico and State of Colorado, case No. 22O141 (U.S.). The docket report for the case is available at the Supreme Court’s website.

© 2021 Beveridge & Diamond PC National Law Review, Volume III, Number 121
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Karen M. Hansen Water Regulation Attorney Beveridge & Diamond Austin, TX
Principal

Karen Hanson’s practice focuses on the Clean Water Act and state programs for regulating and permitting water discharges and water supply/use, and on environmental, health, and safety audit review and implementation. 

She has extensive experience assisting industrial and municipal clients in preparing strategies for and pursuing water permits for ongoing operations, expansions and new operations, including permit challenges. Karen also represents clients that must defend CWA and state water law enforcement actions, including claims pursued by governmental as well as third party...

512-391-8005
Madeleine Boyer Environmental Attorney Beveridge Diamond
Principal

Maddie brings 25 years of experience providing strategic and solutions-oriented counseling and representation on a broad range of US and Latin American environmental, health and safety standards.

Her portfolio includes environmental regulatory counseling; audit oversight and support; supply chain and product stewardship advocacy and compliance; and high-stakes enforcement matters. Her domestic caseload currently includes air and waste matters before the US Department of Justice, the Office of the Attorney General of the State of Texas, the US Environmental...

512-391-8010
Laura L. LaValle Clean Air Act Attorney Beveridge & Diamond Austin, TX
Office Managing Principal

Laura's practice has focused on Clean Air Act matters for over 20 years.

Laura's air quality experience includes advising and representing entities on a broad range of permitting, compliance, and policy issues. She has represented chemical manufacturing operations, electric utilities, petroleum refineries, oil and gas pipelines and terminal facilities, alternative/renewable energy operations including solar energy projects, landfills and waste combustors, steel manufacturing facilities, mining operations, and other facility types regarding federal and state permitting and compliance...

512-391-8020
Advertisement
Advertisement
Advertisement