Texas v. New Mexico: SCOTUS, Interstate Water Compacts & Federalism

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Days

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Online

Online

October 3, 2024

This year, the US Supreme Court rejected an interstate water rights settlement on the Rio Grande, in Texas v New Mexico, due to the Federal Government’s objection. The decision may suggest an expanded role for the Federal Government in the interpretation and enforcement of interstate water compacts. The proposed Consent Decree would have resolved ten years of interstate litigation among the compacting states over whether New Mexico had violated the Rio Grande Compact. The US argued that approval of the Consent Decree would bar it from pursuing its own breach of compact claims against New Mexico. The 5-4 majority sustained the US objection, rejecting the dissent’s assertion that the majority’s opinion constituted “a serious assault on the power of States to govern, as they always have, the water rights of users in their jurisdictions.”

What will I learn?

During this course, you will learn to:

  • Identify under what circumstances a court can approve a water settlement among fewer than all of the parties to the litigation.
  • Discuss the extent to which state law governs the control, distribution and use of water stored in a federal reclamation project
  • Identify where the courts and Congress have ceded authority to the states to manage and control water, and the national interests that can check state authority.
  • Discuss whether Texas v New Mexico decision portends an expanded role for the Federal Government in interstate water litigation.
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