Motion of the Special Master for Allowance of Fees and Disbursements. First Interim Report of the Special Master received. Coordinates: 2731N 9929W The Republic of the Rio Grande ( Spanish: Repblica del Ro Grande) was one of a series of independence movements in Mexico against the unitary government dominated by Antonio Lpez de Santa Anna, including the Republic of Texas, and the Second Republic of Yucatn. Motion for leave to intervene filed by Elephant Butte Irrigation District. In 1998, we collaborated with Mexico-based Pronatura Noreste to establish the Flora and Fauna Protected Area involving the Laguna Madre and Rio Bravo Delta. (Corrie Boudreaux/El Paso Matters). The First Interim motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $195,461.53 for the period November 3, 2014, through April 30, 2015, to be paid as follows: 37.5% by Texas, 37.5% by New Mexico, 20% by the United States and 5% by Colorado. Its roots trace perhaps to the 1890s, when Mexico complained to the United States that increasing demands on the river upstream left little for those below the border. The compact also limits the amount of water each state can borrow from downstream states. Toward that end, the Compact required Colorado to deliver a specified amount of water annually to New Mexico at the state line. It has a maximum thickness of 9,000 feet deep. Mounce: Their Rio Grande, and Our Rio Grande: Texas vs. New Mexico (AP Photo/Susan Montoya Bryan) Images. Art. Settlement talks in Supreme Court Rio Grande water case push back trial It escalated when Texas filed a new lawsuit against New Mexico in the U.S. Supreme Court three years later. The Ro Grande seen from Country Club Road at the Texas-New Mexico state line, with Mexico's Sierra de Jurez in the background, on Aug. 15. In isolation, this might have seemed a curious choice, for a promise to deliver water to a reservoir more than 100 miles inside New Mexico would seemingly secure nothing for Texas. So a failure by New Mexico to meet its Compact obligations could directly impair the federal government's ability to perform its obligations under the treaty. He cited a health emergency for one of the Texas attorneys and concerns about the increase of COVID-19 cases for splitting the trial. Groundwaters used to feed into the Rio Grande in the El Paso region, making the river gain more water as it flowed downstream. Nov 02 2015. Second Interim Report of the Special Master received. Whoops! This years water release from Elephant Butte was delayed by low water levels. Texas v. New Mexico and Colorado - Wikipedia But at this stage in the proceedings we face only a preliminary and narrow question: May the United States, as an intervenor, assert essentially the same claims Texas already has? The appointed special master, Michael Melloy, a senior judge for the U.S. 8th District Court of Appeals, is hearing arguments in the 8-year-old case and will compile areport forthe U.S. Supreme Court. filed. It is ordered that A. Gregory Grimsal, Esquire, of New Orleans, Louisiana, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The river supplies water to millions of people and wildlife along its shores in Colorado, New Mexico, Texas and Mexico. Argued October 5, 2020Decided December 14, 2020 . Catch up on the big Supreme Court water case involving Texas and New Mexico Response in opposition to Elephant Butte Irrigation District's motion of for leave to intervene by New Mexico filed. JOB POSTINGS Part or all of this report is presented in Portable Document Format (PDF). Please consider making a donation today so we can cover the stories that matter most. Texas asked the Supreme Court to order New Mexico to pay back for water owed over decades a judgment which could top $1 billion. Florida v. Georgia, 17 How. 141 Original The official docket sheet for this case, as maintained by the Clerk of the Supreme Court of the United States, is available online. 138, 68 L.Ed. Answer of Texas to New Mexico's Counterclaims filed with the Special Master July 20, 2018, received by the Court July 24, 2018. Please reload the page and try again. Rio Grande Water Deal Between Texas and New Mexico Is Opposed by U.S. Supreme Court to weigh settlement of long-running dispute By Elizabeth Findell Jan. 18, 2023 10:00 am ET Listen (2. The water stored there is used for irrigation districts in New Mexico and Texas, the allocation for Texas (which is roughly 120 miles downstream) and to provide Mexico its share of Rio Grande water. (corrected). And here again the Rio Grande Project and its Elephant Butte Reservoir played a central role. Please reload the page and try again. entering your email. Brief in Opposition.pdf, 2013.12.30 - NM Mtn2File Suppl Brief IRT US.pdf, 2013.12.31 - CO Supp. through New Mexico and Texas before flowing into the Rio Grande River on the Texas-Mexico border. Motion for leave to file supplemental brief and supplemental brief in response to New Mexico's supplemental brief filed by petitioner Texas, Plaintiff. Both irrigation districts own canals and ditches that used to be property of the federal government in the Rio Grande Project. Order extending time to file a reply to the responses to the motion to intervene by Elephant Butte Irrigation District to and including March 20, 2015. This 1.4 million-acre expanse of the Laguna Madre has been identified in . Reply of Texas to the exceptions to the report of the Special Master filed. He referenced the federal civil case from 2011, when the then-Attorney General Gary King sued the federal government over the 2008 operating agreement with the irrigation districts. Part of Texas' creation of The Republic of Texas was establishing new borders with its neighbors. Shes covered climate, local government and community at the Scottsbluff Star-Herald in Nebraska and the Santa Fe New An acre-foot is a measurement of water equivalent to about 325,851 gallons. Nearly 80% of Texas' floating border barrier is technically in Mexico The case is before the Supreme Court because it is a dispute between states. He was appointed the special master in 2018, after the U.S. Supreme Court discharged the first special master Gregory Grimsal, a New Orleans-based attorney, without explanation. Most of the parties and the related interests, which include the cities of El Paso and Las Cruces and area irrigation districts were optimistic the settlement would prevent additional litigation costs. A Special Master we appointed to consider the case received briefing, heard argument, and eventually issued an interim report recommending that we deny New Mexico's motion to dismiss Texas's complaint. (Photo: Gary Joe Mounce) Using that special authority, we have sometimes permitted the federal government to participate in compact suits to defend "distinctively federal interests" that a normal litigant might not be permitted to pursue in traditional litigation. Our treaty with Mexico requires the federal government to deliver 60,000 acre-feet of water annually from the Elephant Butte Reservoir. Grimsal, the then-special master, finalized his first report in 2016, recommending the court reject New Mexicos motion for dismissal, allow the federal government to join the lawsuit and reject irrigation districts joining as members to the suit. Melloy ruled the trial will be pushed back but only by a few weeks. Creative Commons Attribution-NoDerivatives 4.0 International License, T Gua de Votacin: Elecciones del 6 de mayo, Proudly powered by Newspack by Automattic. To download the pleadings and the other case documents in this phase of the case, click on the Special Master Docket link below. Its Compact Clause provides that "[n]o State shall, without the Consent of Congress, enter into any Agreement or Compact with another State." Nearly 80% of its water is used in agriculture, but its also a major source of water for cities like Albuquerque and El Paso. Brief amicus curiae of United States filed. The settlement doesnt work unless everybodys concerns are addressed, Wechsler said. We accepted that recommendation. Additionally, Colorado, New Mexico, and Texas concluded the Rio Grande Compact, which Congress approved in 1939. by Danielle Prokop, El Paso Matters October 5, 2021, This article first appeared on El Paso Matters and is republished here under a Creative Commons license.. The state of New Mexico maintains it is not receiving its fair portion of Rio Grande water, which causes a reliance on groundwater as a replacement. An agreement could be signed by the end of the year, attorneys for the United States, New Mexico, Texas and Colorado told the federal judge overseeing the case at a Tuesday status hearing. 1 referred to the Special Master. Brief for the United States in Opposition to the Motion for Leave to Intervene of the Nathan Boyd Estate, et al. They followed a winding route that covered approximately 2,400 miles, and took them south of the Rio Grande, across northern Mexico, and eventually south to Mexico City. 65, Orig. "American blood on American soil": Polk and the prelude to war Republic of the Rio Grande - Wikipedia Order extending time to file a response to the Special Master's motion for Allowance of Fees and Disbursements to and including June 12, 2015 for all parties. The Conquistador Story | Texas State History Museum The talks began after the first phase of what was expected to be a two-part trial. The state also alleges that groundwater pumping in Texas also harms the Rio Grande. Somach reiterated that Texas has no willingness to proceed with a settlement that links the settlement with New Mexico state legislative approval.. No. Motion for leave to intervene filed by United States GRANTED. Second, New Mexico has conceded that the United States plays an integral role in the Compact's operation. An agreement could be ready by Sept. 23, he said. The Rio Grande Project is a federal initiative that provides irrigation water in Southern New Mexico and West Texas to about 178,000 acres of land. Motion for divided argument filed by the Solicitor General GRANTED. Chapter 2: Bosque Background | New Mexico Museum of Natural History 2023 Copyright El Paso Matters. In response, Texas filed a lawsuit against New Mexico in the U.S. Supreme Court in 2014, alleging New Mexico . An acre-foot of water is equal to about 325,851 gallons. Motion for leave to intervene filed by Nathan Boyd Estate, et al. It provides water for more than 6 million people and several cities, including Albuquerque and El Paso. of Chicago v. United States, 266 U.S. 405, 423425, 45 S.Ct. We ask that you follow some simple guidelines: https://elpasomatters.org/republishing-guidelines/. Id., at 792. v. NEW MEXICO . Its not Texas that is being harmed in this case, it is New Mexico, Balderas said. After obtaining the necessary water rights, the United States began construction of the dam in 1910 and completed it in 1916 as part of a broader infrastructure development known as the Rio Grande Project. Trial starts in Rio Grande Supreme Court water lawsuit between New 342 (1923) ). Brief for the United States in opposition to New Mexico's Motion to Dismiss Texas's Complaint and the United States' Complaint in Intervention filed. Republish our articles for free, online or in print, under a Creative Commons license. Groups in negotiations include the states attorney generals, the Las Cruces and El Paso city governments, irrigation districts from Texas and New Mexico, farmers advocacy groups and New Mexico State University. The case is solely before the U.S. Supreme Court instead of being heard first in lower courts because it involves two states and a dispute over water. Texas v. New Mexico - Wikipedia More by Danielle Prokop, Republish our articles for free, online or in print, under a Creative Commons license. (Aug. 3) (AP Video/Brittany Peterson), rgues it delivers its share of promised water to Texas and Mexico to the Elephant Butte Reservoir, Your California Privacy Rights/Privacy Policy. New Mexico St. vs Texas Rio Grande Valley Basketball Game Summary The Report of the Special Master is received and ordered filed. Special master is a title given to a judge who acts as a fact-finder, oversees any trial and establishes a record to better inform the Supreme Court in the litigation. Sandbars are expanding in the Rio Grande as flows decrease through Albuquerque, N.M., on Thursday, Aug. 17, 2023. Whoops! In today's lawsuit, Texas claims that New Mexico has defied the Compact. Motion DISTRIBUTED for Conference of September 28, 2015. First Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. More by Danielle Prokop, Republish our articles for free, online or in print, under a Creative Commons license. El Paso Matters is dedicated to providing our community with the information to make educated, informed decisions. Mexican American war | Britannica Map shows where immigrants are crossing the U.S. border Texas v. New Mexico, 462 U.S. 554, 564, 103 S.Ct. Benson said its typical for U.S. Supreme Court cases, especially water disputes with their technical issues, to drag out over years. Catch up on the big Supreme Court water case involving Texas and New Mexico Construction to build out the irrigation system started in 1908 to ensure Mexico gets its share of water under the requirements of the 1906 Convention. Danielle Prokop is a climate change and environment reporter with El Paso Matters. Fourth, the United States has asserted its Compact claims in an existing action brought by Texas, seeking substantially the same relief and without that State's objection. 59. New Mexico is allowed 60 days within which to file a motion to dismiss, in the nature of a motion under Rule 12(b)(6), Federal Rules of Civil Procedure. Attorneys laid out their arguments Monday during the first day of a virtual trial in a lawsuit over Rio Grande water with Texas and the federal government alleging that New Mexicos use of groundwater cut into Texas share of river water. Viewed from some sufficiently abstract level of generality, almost any compact between the States will touch on some concern of the national governmentforeign affairs, interstate commerce, taxing and spending. (Photo: Gary Joe Mounce) Holocaust and Intolerance Museum, Albuquerque, New Mexico. Mathers v. Texaco, 1966-NMSC-226, 77 N.M. 239, 421 P.2d 771. Motion DISTRIBUTED for Conference of June 4, 2015. The official docket sheet does not contain entries for papers filed directly with the Special Master. Motion of El Paso County Water Improvement District No. Do you have a compliance guide for the Inspection of Public Records Act? Cf. The bed of the Rio Grande is dry at the State Highway 154 bridge near Rincon, New Mexico, on May 22. The Rio Grande is a 1,885-mile-long river fed by snowmelt in the San Juan Mountains of southern Colorado, then winds its way down through New Mexico, into Texas, and then becomes the border between the United States and Mexico. New Mexico and Colorado, Texas attorneys allege New Mexico's groundwater pumping reduced Texas' Rio Grande portion by tens of thousands of acre-feet each year, and owes Texas. DISTRIBUTED for Conference of September 29, 2014. Judge to consider whether Texas can keep oversize buoy barrier on US Virtual testimony from a mix of members of federal agencies, farmers, irrigation managers, hydrologists and city officials from El Paso and Las Cruces will continue over several weeks. 1's motion for leave to intervene of Texas, Plaintiff filed. It was decided on December 14, 2020. The utility uses injection wells to return about 3 million gallons a day of treated wastewater into the aquifer and has replenished the aquifer with more than 30 billion gallons since the 1990s. The Rio Grande at the Texas and New Mexico border as seen in September 2021. New Mexico's motion to dismiss Texas's complaint is DENIED. Response to motion for leave to intervene from respondent New Mexico filed. This year's water release from Elephant Butte was delayed by low water levels. Neither Texas nor New Mexico were included in the agreement. Each Monday morning we deliver critical El Paso news right to your inbox. EBID MTN INTERVENE.pdf, 2015.01.29 - Texas Opp to EBID Motion to Intervene.pdf, 2015.04.22 - EPCWID On Motion for Leave to Intervene.pdf, 2015.05.26 - CO App for Time re Fee response.pdf, 2015.06.10 - CO Resp EPCWID No 1 mtn to intervene.pdf, 2015.06.10 - NM OPP 2 EP1 MTN INTRVNE.pdf, 2015.06.10 - Texas Opp to EP#1 Motion to Intervene.pdf, 2015.07.10 - EPCWID Reply to Mtn 4 Lv to Intervene.pdf. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Water managers warn that stretches of the Rio Grande will dry up Elephant Butte Irrigation District and El Paso County Water Improvement District No. New Mexico argues it delivers its share of promised water to Texas and Mexico to the Elephant Butte Reservoir, about 100 miles north of the binational border. Motion for Extension of time to file comments regarding the Second Interim Motion for fees filed by respondent New Mexico. Or by way of another rough analogy, the Compact could be thought implicitly to incorporate the Downstream Contracts by reference. Shes covered climate, local government and community at the Scottsbluff Star-Herald in Nebraska and the Santa Fe New We ask that you follow some simple guidelines: https://elpasomatters.org/republishing-guidelines/. Sur-replies, if any, with supporting briefs, may be filed within 30 days. Benson said even without the uncertainty of the COVID-19 pandemic, that process takes a lot of time. For best results viewing and printing PDF documents, it is recommended that you download the . The dispute over the rivers water between the states and the federal government started a decade ago. If New Mexico loses, that could curtail groundwater pumping and jeopardize some Southern New Mexicans water rights. Motion for Extension of time to file comments regarding the Second Interim Motion for fees GRANTED to and until November 20, 2015. Reply of United States to the exceptions of the report of the Special Master filed. Motion to extend the time to file response to the motion for leave to intervene is granted and the time is extended to and including May 20, 2019. 2023 Copyright El Paso Matters. The continued deterioration of the river and the aquifer system poses a potential threat to the United States ability to deliver the obligated water, he said. In 2011, the state of New Mexico sued the federal government in federal court, claiming the agreement shorted New Mexico on river water and gave too much to Texas. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. A. Gregory Grimsal, Esq., of New Orleans, Louisiana, the Special Master in this case, is hereby discharged with the thanks of the Court. A reply, if any, shall be filed within 15 days after the response is filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Somach said that the increased groundwater use from the city of Las Cruces, New Mexico State University and agriculture in New Mexico reduces the total amount of river water available to Texas. Brief amicus curiae of City of Las Cruces filed. Motion for leave to file amicus brief filed by New Mexico Pecan Growers. We agreed to hear two of these exceptionsone by the United States and one by Coloradoconcerning the scope of the claims the United States can assert in this original action. This category only includes cookies that ensures basic functionalities and security features of the website. After the trial, which is scheduled for three months, the special master will file a report, which will be open to responses from the parties involved. Texas v. New Mexico and Colorado - New Mexico Attorney General Taken together, we are persuaded these factors favor allowing the United States to pursue the Compact claims it has pleaded in this original action. And this Court's role in these cases is to serve " as a substitute for the diplomatic settlement of controversies between sovereigns and a possible resort to force. " Kansas v. Nebraska, 574 U.S. , , 135 S.Ct. Permitting the United States to proceed here will allow it to ensure that those obligations are, in fact, honored. 3. In an effort to reconcile some of those demands, Colorado, New Mexico, and Texas, acting with the federal government's assent, signed the Rio Grande Compact in the 1930s. El Paso Times 0:00 1:51 A U.S. Supreme Court representative granted Texas and New Mexico more time to settle a years-long dispute over Rio Grande water out of court. Motion for leave to intervene filed by Nathan Boyd Estate, et al. Justice GORSUCH delivered the opinion of the Court. Buoy immigration:Texas' Rio Grande buoys are mostly on Mexico's side of river, international agency says In its most recent filing, the Justice Department contends that Texas' buoys not only run . Live scores from the New Mexico St. and Texas Rio Grande Valley DI Women's Volleyball game, including box scores, individual and team statistics and play-by-play. See Art. The current special master is Judge Michael Melloy, a senior judge on the 8th U.S. The case sparked from a series of lawsuits over Rio Grande water and escalated with Texas suing New Mexico in 2013, arguing before the high court that New Mexico groundwater pumping south of Elephant Butte Reservoir prevents Texas from receiving its fair share. Fast forward to this dispute. Texas v. New Mexico, 138 S. Ct. 954 | Casetext Search + Citator And to fill that Reservoir the Compact obliges New Mexico to deliver a specified amount of water to the facility. I would anticipate anyway, that this case could still have quite a ways to go., Cover photo: Water marks are visible on the rock formation that gave Elephant Butte its name. We dont quibble with the fact that we get 43% of something, Somach said. Texas v. New Mexico and Colorado | Supreme Court Bulletin | US Law In a 2011 federal lawsuit, New Mexico alleged the federal government shorted New Mexico its share of Rio Grande water, and gave too much to Texas. Still, bearing in mind our unique authority to mold original actions, several considerations taken collectively persuade us that the United States may pursue the particular claims it has pleaded in this case: First, the Compact is inextricably intertwined with the Rio Grande Project and the Downstream Contracts. 1's motion for leave to intervene filed. And at oral argument, New Mexico contended that the federal government is so integrally a part of the Compact's operation that a State could sue the United States under the Compact for interfering with its operation. Wechsler said that additional water in Texas is sold by the El Paso irrigation district to Hudspeth County, which is allowed to use Rio Grande project waste water. It waters crops such as chile, onions, pecans and cotton. Biologists rescue tiny fish as Rio Grande dries, For the first time in four decades, the Rio Grande went dry in Albuquerque, New Mexico, last week. Negotiations continue on a proposed settlement in a long-running dispute between Texas and New Mexico over rights to the Rio Grande, but Texas indicated Wednesday it was giving the process another month before moving to trial. 2017). The Special Master is directed to submit Reports as he may deem appropriate. Please consider making a donation today so we can cover the stories that matter most. Our analysis begins with the Constitution. (Danielle Prokop/El Paso Matters) A settlement remains a possibility for ending years of litigation between Texas and New Mexico over Rio Grande water in a lawsuit before the U.S. Supreme Court. Correction: This story originally misspelled Jeff Wechslers name. New Mexico asked the court to award damages. Act of May 31, 1939, 53 Stat. The Hueco Bolson is about 200 miles long and 25 miles wide beneath Texas and Chihuahua. For defendant Colorado: Frederick R. Yarger, Solicitor General of Colorado, Denver, Colo. For defendant New Mexico: Marcus J. Rael, Jr., Albuquerque, N. M. United States's exception sustained; all other exceptions overruled; and case remanded. We will call those agreements the "Downstream Contracts." Update 12:50 p.m. Friday, Aug. 27: Special Master Michael Melloy ruled Friday to split in half the trial for the long-running U.S. Supreme Court case over Rio Grande water between Texas and New Mexico. Third, a breach of the Compact could jeopardize the federal government's ability to satisfy its treaty obligations. Texas's Reply to Exceptions to the First Interim Report of the Special Master 40. In a 2011 federal lawsuit, New Mexico alleged the federal government shorted the state its share of Rio Grande water, and gave too much to Texas. 352 (1925) (recognizing the strong interests of the United States in preventing interference with its treaty obligations). It will be a virtual trial with testimony from a list of witnesses that have .

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