U.S Supreme Court rejects Texas-New Mexico water deal

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Water law experts say the Supreme Court's recent decision will set a precedent for the federal government to intervene in water conflicts between states moving forward.

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The ruling comes as Texas and other states clamor for water. The region along the Rio Grande, in particular, is still considered in a drought. In a 2013 complaint, Texas sued New Mexico, alleging groundwater pumping by New Mexico was taking water from the Rio Grande owed to Texas, causing river levels in the state to drop and depriving Texans of the water they're obligated to.

The U.S. Bureau of Reclamation, which is also responsible for delivering water to Texas and New Mexico, did not agree with their allocations and requested intervention because that same water, in the Rio Grande, impacted the international 1906 water treaty that requires the U.S. to deliver 60,000 acre-feet of water from the Elephant Butte Reservoir to Mexico. The federal government argues it cannot meet its obligation if New Mexico does not comply with their obligations.

Hardberger, the water law professor at Texas Tech, said that the Texas, U.S. and New Mexico will need to go back to the drawing board to figure out how they are going to resolve this conflict. She said there's an opportunity to continue negotiating, but the court has made it clear that all parties have to be in agreement.

 

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