July 02, 2018

Developments in Texas v. New Mexico and Colorado, No. 141 Original

Chad M. Wallace

In recent years, states have brought a number of water apportionment original jurisdiction cases to the U.S. Supreme Court’s attention. In one currently pending case, State of Texas v. State of New Mexico and State of Colorado, No. 141 (S. Ct.), the parties asked the Court to decide whether the United States can sue New Mexico for violation of the Rio Grande Compact, ch. 155, 53 Stat. 785 (1939). The question arose because a U.S. Bureau of Reclamation (Reclamation) project delivers water to New Mexico and Texas, yet the United States is not a party to or allocated any water by the Rio Grande Compact.

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