Environmental Cases At The Supreme Court: October Term 2020 - Environment mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
In December, the US Supreme Court issued an opinion in
Texas v. New Mexico, a water law dispute involving the Pecos River.
The Compact
The Pecos River runs from the Sangre de Cristo Mountains near Santa Fe, New Mexico, through New Mexico and Texas, and eventually into the Rio Grande River at the Texas-Mexico border near Del Rio, Texas. In 1949, Texas and New Mexico signed the Pecos River Compact, and Congress ratified the Compact. The Compact provides for the “equitable division and apportionment of the use of the waters of the Pecos River” with the intent to “remove causes of present and future controversies.”
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In August 2020, we outlined four notable interstate water rights cases before the U.S. Supreme Court that are likely to change how states use and treat water as a resource. One of those cases,
Texas v. New Mexico, addresses how states may allocate their respective water rights under an interstate compact if water allocated under the compact evaporates. On 14 December 2020, the U.S. Supreme Court ruled that water held by New Mexico at the request of Texas must be credited as delivered, despite the fact that a significant portion of the water at issue had evaporated. The court’s decision highlights how interstate disputes over shared water resources will likely turn on decisions made by court-appointed third parties, and how unexpected weather events caused by climate change can have long-term consequences for water allocation.
TEXAS V. NEW MEXICO
In August 2020, we outlined four notable interstate water rights cases before the U.S. Supreme Court that are likely to change how states use and treat water as a resource. One of those cases,
Texas v. New Mexico, addresses how states may allocate their respective water rights under an interstate compact if water allocated under the compact evaporates. On 14 December 2020, the U.S. Supreme Court ruled that water held by New Mexico at the request of Texas must be credited as delivered, despite the fact that a significant portion of the water at issue had evaporated. The court’s decision highlights how interstate disputes over shared water resources will likely turn on decisions made by court-appointed third parties, and how unexpected weather events caused by climate change can have long-term consequences for water allocation.
New Mexico has won a U.S. Supreme Court victory over Texas in a Pecos River water case, but State Engineer John DâAntonio said an even more critical matter â before the same court, against the same opponent â still looms in the coming year.
Though clearly pleased by the courtâs 8-0 decision Monday in favor of New Mexico, DâAntonio acknowledged the second case, which pits New Mexico and Colorado against Texas, could be critical for the future of the lower Rio Grande and the farmers who live there.
âThe way I cast it this morning was that this one was sort of the appetizer,â DâAntonio said. âThe main course is coming, and thatâs the lower Rio Grande. We prevailed in the appetizer round. Letâs see how we do in the main course.â