Recent Developments in Water Rights Dispute Between Texas and New Mexico Regarding Rio Grande River

Client Advisory
December 20, 2013

Earlier this year, the State of Texas filed a motion for leave to file a complaint in the Supreme Court of the United States to enforce its rights under the Rio Grande Compact, which apportions the water of the Rio Grande Basin among the States of Colorado, New Mexico, and Texas. In response to a request from the Court, the United States Solicitor General recently filed an amicus curiae brief expressing the view that Texas’ motion should be granted, and that New Mexico should be invited to file a motion to dismiss. The Court must now decide whether to grant the motion and hear the case. This case is another example of an uptick in litigation and administrative challenges involving water rights in recent years as growing populations meet decreasing water availability.  

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