Supreme Court Decides Texas v. New Mexico | Faegre Drinker Biddle & Reath LLP
On December 14, 2020, the U.S. Supreme Court decided Texas v. New Mexico, holding that New Mexico was entitled to delivery credit under the Pecos River Compact for water stored at the request of Texas that evaporated during storage. The Pecos River originates in New Mexico and flows south through Texas into the Rio Grande River. Texas and New Mexico are parties to the Pecos River Compact, which provides for “the equitable division and apportionment of the use of the waters of the Pecos River” between the two states. In 1987, after several disputes under the Compact, the Supreme Court app...