Archive for March 9, 2018

Why a Supreme Court Battle Over Water in the West Could Have Been Avoided

Texas and New Mexico are squaring off over water rights in a case before the U.S. Supreme Court, but the issues at the heart of the disagreement were settled in 2008.

The Rio Grande flows through southern New Mexico and is at the heart of a legal dispute between New Mexico and Texas.Education Images/UIG via Getty Images

Earlier this month, the United States Supreme Court heard arguments in a case pitting Texas against New Mexico over water rights along the Rio Grande. The Lone Star State initially filed suit against its partner in the Rio Grande Compact in 2013, charging project mismanagement and illegal use of water from the river and its connected groundwater in a roughly 130-mile stretch as the river leaves New Mexico and enters Texas.

The thing is, the two local water districts in southern New Mexico and Texas at the heart of the controversy had already resolved the primary issues underlying the case years earlier – and everyone played nicely for a few years, sharing the water. But then, in 2011, the state of New Mexico decided it didn’t like the agreement and tried to void the local districts’ deal. So Texas, in turn, filed suit, and the case went straight to the Supreme Court – which brings us to today. Read more