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SCOTUS to hear Texas v. New Mexico

In a short order issued on January 27, the U.S. Supreme Court ruled that Texas’ lawsuit against New Mexico over alledged violations of the Rio Grande Compact can proceed.  In December, federal attorneys filed an amicus brief urging the Supreme Court to hear the case.  In addition to granting Texas’ motion for leave to file a complaint, it allows New Mexico 60 days to file a motion to dismiss.

In response to the order, New Mexico Attorney General Gary King said, “Clearly, I was hoping for a different outcome, however, I am not surprised.  I am confident that the Court takes such state to state disputes very seriously and we look forward to being able to tell New Mexico’s side of the story and to have our day in court.”

He added that New Mexico believes that since 2008, Texas has been getting more than required under the compact.

King has given examples of two potential arguments that the state may use in response, including arguing that there are not sufficient facts to move the case forward or moving to have the case moved to the district court, which is already hearing a case over the 2008 water sharing agreement.

Written by Marta Weismann