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Here are some significant environmental and regulatory rulings and administrative actions from December 2020. THE U.S. SUPREME COURT Texas v. New Mexico On December 14, 2020, the U.S. Supreme Court decided a water rights controversy involving sharing the water of the Pecos River. The 1949 Pecos River Compact provides for the equitable apportionment of the use of the Pecos River’s water by New Mexico and Texas, and a “River Master’s Manual,” approved by the Court in 1988, implements the Compact. These are very dry areas, and access to this water is very important. In 2014, a rare tropi...

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 pr...

To embed, copy and paste the code into your website or blog: 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 ...

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...

New Mexico takes a victory in water dispute   Not so fast, Texas. The U.S. Supreme Court handed New Mexico a victory Monday morning in a Pecos River water dispute with Texas. The court’s opinion, delivered by Justice Brett Kavanaugh, says the court-appointed Pecos river master was correct i... For access to this article please sign in or subscribe. You might be interested in: