#Texas v. #NewMexico and #Colorado update

Map of the Rio Grande watershed, showing the Rio Chama joining the Rio Grande near Santa Fe. Graphic credit WikiMedia.

From Lexicology.com:

Decisions on these cases are expected by June.

If SCOTUS holds in Texas v. New Mexico and Colorado that the United States has an independent cause of action under the Rio Grande Compact, it could open the door for the federal government to sue states for violating the terms of other interstate water compacts. [11] Depending on the scope of the ruling, it could either set a precedent for claims by the United States in other interstate water disputes or be narrowly limited to the facts of the case. Included at the end of this alert is a map showing all current interstate compacts.

From a practitioner’s perspective, the issues at the crux of Florida v. Georgia highlight the need for clear guidance from technical experts in determining priorities in complex allocations. Moreover, the decision will have implications for how SCOTUS may handle equitable apportionment in future water disputes, such as between Mississippi and Tennessee. [12] There is a dearth of recent case law on equitable apportionment, particularly in Eastern states; the last time SCOTUS equitably apportioned water between Eastern states was 1931, when it resolved a conflict between New Jersey and New York. [13] There also is a lack of precedent as to how the Court will treat considerations of ecological impacts in equitable apportionment. Whether the decision in Florida v. Georgia will provide clear insights into these issues remains to be seen, but if it does, it will certainly impact upcoming interstate water disputes.

Conclusion

The allocation of water from interstate compacts directly impacts the amount of water available to users within the party states. Thus, the outcome of these two cases apportioning water between and among states, and deciding the role of the federal government in that distribution, will have impacts across various economic sectors, including agriculture, power production, municipal water supply, food processing, technology manufacturing, and data storage, to name a few.

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